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Are There any Limitations on my Workers’ Compensation Claim?

On Behalf of | Dec 5, 2016 | Worker's Compensation

When you have to live with the pain associated with an injury it’s often difficult to find the strength to investigate your entitlements to workers compensation immediately following your accident. You can’t assume that your workers compensation claim will be honored unless you follow the procedures that ensure you do not lose your eligibility.

There are several limitations you could encounter when submitting a request to your employer for workers compensation.  These are outlined below:

Your Injury Must be Work Related

Your injury must have happened while you were in the course of work related duties so if you were on a lunch break away from your work place and you slip and fall and seriously damage your spine you won’t be entitled to benefit from workers compensation.

You may be entitled to file a personal injury claim against the person who allowed your slip and fall to take place. In other words if you become sick or you are injured you have to be able to provide evidence that it is work related. Typically, an accident like a fall from a height or an injury from using a power tool is not hard to prove if it was caused while at work, but with a sickness like carpal tunnel syndrome it may be more difficult to find the evidence that it was caused by a particular employer.

You Must Inform Your Employer Within 90 Days

You are required to inform your employer of the accident and injury within 90 days of it happening. This is essential in Iowa if you are to qualify for workers compensation. If you are seriously injured you may have to depend on a work colleague to submit this paperwork on your behalf. Your family can help you out too but if there is no one else available you can hire an Iowa workers compensation lawyer to fight for fair workers compensation benefits on your behalf.

You Must Inform the Iowa Worker’s Compensation Board Within 24 Months

You are required to inform the Workers’ Compensation Benefits Administration in Iowa within 24 months of your injury. Failure to do this could cause loss of workers compensation benefits.

Your employer is entitled to choose your medical care provider. If you are not happy with this arrangement and you are unable to persuade your employer to choose another doctor or medical care provider that you feel happier with you, may have to hire a workers’ compensation attorney to negotiate on your behalf.

How can a Workers’ Compensation Attorney Help me Tackle the Limitations?

Limitations that are placed on workers’ compensation claims can be difficult to tackle, especially if your injuries restrict your ability to communicate with your employer.  This is the time to contact a sympathetic but experienced workers’ compensation attorney who can negotiate with your employer on your behalf.

If you fail to adhere to the limitations in relation to time you could lose your right to compensation that is designed to compensate you financially for the costs of medical care and any loss of wages while you are unable to work. Worse still is if you are left with a permanent disability. To begin with workers compensation covers you for this but once it is determined you will never be able to return to work in your normal capacity you will have to transfer to your Iowa permanent disability benefits.

An Iowa workers compensation attorney, Walter P. Thomas, from the Telpner Peterson Law Firm will ensure you have followed all the correct procedures so that you receive the compensation you are legally entitled to receive. If you need to sign up for the state’s permanent disability allowance your lawyer can handle your paperwork so you receive sufficient benefits to cover the financial costs of your work-related injury.

Contact the Council Bluffs law firm of Telpner Peterson Law Firm, LLP to discuss your case with us now.