You do not apply for workers compensation benefits in Iowa or Nebraska. After suffering a work-related illness or injury that prevents you from working, you may be entitled to workers’ compensation. The Iowa and Nebraska workers’ compensation claim process is not as simple as it may appear at first glance; you do not fill out an application for these benefits. However, there are numerous steps you will need to follow, and there are strict timelines in which to make the claim.
To have the best chance of obtaining compensation, you need to address ongoing medical expenses and lost wages; you need assistance from a workers’ compensation lawyer. Learn more about the process of filing an Iowa or Nebraska workplace injury claim.
What Should I Do Immediately After an Iowa Workplace Injury or a Nebraska Injury at Work?
What are the necessary steps to obtain workers’ comp benefits? One of the first things to know about how to obtain workers’ compensation is that taking the right actions immediately after the incident is essential. You must report the injury to your employer immediately and obtain medical care as quickly as you can, telling your medical provider how you were injured. Be certain to tell both the medical providers and your employer every body part you injured or your illness affects,
If you sustained an injury that requires emergency assistance, then go to any ER to get treatment. In cases when emergency care isn’t necessary, you will need to see the medical provider your employer has authorized in Iowa or Nebraska, unless you have filled out a Nebraska Form 50, choice of physician form in a Nebraska injury. Let the provider know exactly what happened, since they will write a full report that will be used when you seek to have your claim covered and receive work comp benefits.
Notify your employer as soon as possible. In an Iowa work injury claim, you must let your employer know that you suffered a work injury within 90 days. In Nebraska, you only have 30 days in which to report a work injury. Your employer should then file a First Report of Injury.]
It is best to then contact an attorney who practices primarily in workers’ compensation to assist you so that there are no delays in the process and no issues go unaddressed. Your financial future could be at stake. You need the employer or insurer to pay you and pay for your care.
How Do I Report a Work Injury to My Employer?
When considering how to report a work injury, timing is important. The process of starting a claim for workers’ compensation is simply reporting the injury to your employer in writing or orally, but always ask to fill out an incident report as well, and be certain to include every part of your body you injured, even if it initially seems to be a small injury or you think it may quickly heal. This leaves a clear record of what occurred and can function as evidence if your employer claims they were not notified you were injured or says you didn’t complain of injury to a certain body part. Injuries that may seem minor at first often are not. You want to be certain every part you injured is covered by your work comp claim so the insurance carrier must pay the medical bills and for any time off work from your workplace injury.
In the incident report, offer as many details as you can regarding how the injury occurred and what treatment, if any, you’ve already received. However, always report the injury first before receiving care, unless it is an emergency. If there were witnesses to your injury, include their names, too.
If the injury did not require emergency care, the next step in seeking workers’ compensation benefits in Iowa or Nebraska should be to ask your employer for their approved medical providers, unless in Nebraska you have completed a choice of physician form, Nebraska Form 50.
Once your employer knows the injury occurred, they must file a First Report of Injury.
What Documents Do You Need to Apply for Workers’ Compensation?
Filing a workers’ compensation claim in Iowa is not an application. It requires gathering a number of documents and notifying your employer. Although your employer must file the First Report of Injury form, you will have to supply all of the core information. That should trigger an adjuster from the employer’s insurance carrier to reach out to you about your injuries. It is essential that you are cautious about what you say to the insurance adjuster, as they are often recording anything you tell them.
Once you receive medical care, you will need to provide as much documentation regarding your injuries or illness as possible. Get copies of your medical diagnosis, treatment plans, medical bills, and doctor’s notes. If you had to wait to be seen by a doctor, keeping a record of how you felt right after the incident can provide proof of how it impacted you physically and psychologically. It supports what you are telling your doctors and is helpful down the road should your claim be contested,
It’s also helpful to have witness statements when beginning a Nebraska or Iowa workers’ comp claim. They can support your claim. They can be other employees or simply individuals who observed the injurious incident. You want to be able to prove your injury so the insurance company will pay your claim,
Make sure to track all of your expenses related to the injury or illness. Include out-of-pocket expenses, like mileage for when you travel for medical appointments, physical therapy or to obtain medical equipment or prescription medicine. Mileage reimbursement changes every year, and those costs, if unreimbursed, can quickly add up.
How Does the Nebraska Workers’ Compensation or Iowa Workers’ Compensation Claim Process Work?
Most employers in both Iowa and Nebraska are required to carry workers’ compensation insurance, and the majority of employees will be covered. Only some industries, like agriculture, may be exempt from workers’ compensation coverage requirements. In Iowa, there are also separate laws covering on-the-job injuries for policemen and firemen. Iowa workers’ comp functions under a no-fault system, so you do not have to demonstrate that another party was responsible for your losses. You only need to prove the injury arose out of and in the course of your employment.
When considering how to file an Iowa workers’ compensation claim, remember that it all begins by notifying your employer. They will then file a First Report of Injury with the state of Iowa. This will trigger a claim to be opened by the insurance company. The adjuster will likely conduct an investigation of your claim and then make a decision on whether you are eligible. This is the same process in Nebraska.
If you receive a claim approval from the insurance carrier, then you may receive coverage for medical bills, along with temporary disability benefits for your work injury. Temporary weekly benefits may be available to replace your wages if you are not working as you recover from your injuries or illnesses. If the injury leaves you with long-term issues, then weekly permanent disability benefits may also be applicable. Your compensation will depend on the severity of the injury and the effect it has on your ability to work in the future. Both Nebraska and Iowa set caps on weekly benefits. There are also minimum benefit payments. Those are different in each state.
If your Nebraska or Iowa workers’ compensation benefits are denied, then you have the right to file a lawsuit. You can do this by filing a petition with the Iowa Department of Inspections, Appeals, and Licensing (DIAL) in Iowa. After your suit has been on file for a certain period of time, you are permitted to schedule a hearing time, which is, in essence, your trial. In Nebraska, a suit must be filed with the Nebraska Workers’ Compensation Court.
What Medical Treatment Rules Apply in Iowa or Nebraska Workers’ Compensation Cases?
When filing for workers’ comp in Iowa, you will need to respect the various medical treatment rules the state requires or risk payment of your medical bills and cost of medical care being denied. Iowa is an employer-choice state, which means if your claim is accepted, you will receive care from the authorized treating provider chosen by your employer or their insurer. You may only seek care from other doctors in an emergency or by filing a petition for alternative medical care with the Court and winning that right. In Nebraska, you must also see the employer-chosen provider for medical care for your work injury unless you have filled out the Nebraska Form 50. If your claim is denied, you may seek care from medical providers of your own choosing,
In an accepted claim, if you receive treatment from a provider who is not approved by the employer or insurer, those medical bills will likely be denied by workers’ compensation. Additionally, the employer or insurance company usually will not respect the restrictions or time off work from unauthorized providers.
A workers’ compensation claim in Iowa or Nebraska provides coverage for reasonable and necessary medical care. It may cover hospital stays, doctors’ visits, prescription drugs, physical therapy, and medical equipment, and other medical expenses if the care is authorized. You may be entitled to reasonable medical care for your entire lifetime, as long as an authorized medical provider connects the condition to your workplace injury.
If you are unhappy with the medical care you’re receiving from your employer’s medical provider, you can’t immediately switch to another doctor. First, you must let your employer or the insurance company know in writing that the care is not acceptable and explain your reasoning. In instances when your employer refuses to change your provider, you can file a Petition for Alternate Medical Care, and a hearing will be held on whether you can switch providers.
What Deadlines Can Affect a Workers’ Compensation Claim?
The workers’ compensation claim process in Iowa has strict timelines. The first is the need to let your employer know you were hurt within 90 days of suffering the injury or discovering a work-related illness in Iowa. In Nebraska, you only have 30 days to report your workplace injury. You must report an injury to your employer as soon as practicable.
If your employer, or their insurance company, denies your claim or refuses to pay work comp benefits for your work injury, it will be necessary to file a formal petition, or lawsuit, with the state of Iowa. If you have not received weekly indemnity benefits, you will only have two years from the date of your injury to file.
If you have received certain types of weekly benefit checks in the state of Iowa, you may have three years from the date of your last weekly payment to file. Payment for medical expenses does not count as indemnity benefits in Iowa and does not extend the time for you to file a lawsuit. In Nebraska, you may have two years from the date of your injury, or two years from the date of certain weekly benefit payments, in which to file a lawsuit with the state. Payment of medical bills by the insurance company does extend the time to file a lawsuit to two years from the last date the carrier paid medical bills in Nebraska.
What Common Mistakes Can Delay or Complicate a Workers’ Compensation Claim?
When considering how to file a workers’ compensation claim in Iowa, having an idea of common errors to avoid can save you time and stress. Perhaps the most frequent error people make is failing to act promptly. You cannot wait days or weeks to notify your employer you were injured at work.
Waiting to see a doctor is another mistake that can weaken your claim. If the injury can’t be clearly connected with your job, then it’s more likely your work injury claim will be denied.
Not providing detailed, substantial evidence and information to your employer or insurance adjuster to support your claim is another common problem. Include everything that could help prove how and when the injury occurred.
Don’t see unauthorized providers. This will end up with the insurance carrier refusing to pay the medical bills, leaving you on the hook. Don’t miss medical appointments, either. Missing follow-up visits or not following medical provider treatment directions can all contribute to a claim denial or decreasing the value of your claim. Plus, your care is what puts you on the road to recovery. Sometimes the insurance carrier will hire a nurse case manager to “help” manage your medical care. Remember they are employed and paid by the insurance carrier. If you aren’t able to attend a medical appointment because of transportation problems, the carrier must provide
You should also avoid returning to work before your medical doctor clears you because insurers may assume that your injury is not as serious as you claim. However, if you stay home from work without an authorized physician, or at least a physician, stating you are unable to work, insurers are not required to compensate you for that time.
Avoid posting anything related to the injury on social media. If possible, don’t post at all, since insurers will be combing through your profile for evidence that you were not seriously hurt and are out and about and having no pain or problems.
When Should I Speak With an Iowa Workers’ Compensation Attorney or a Nebraska Workers’ Compensation Attorney?
If you’ve been asking yourself, “How do I apply for workers’ compensation in Iowa?” one of the first steps you should take is to contact an attorney to guide you. Remember, workers’ compensation is not an application process like disability insurance. Your employer and their carrier are to take certain steps once an injury report is made. Preparing your claim is not a simple process because there are strict steps to follow and relatively short deadlines to meet. All too often, claim denials occur because people attempt to pursue the case on their own and a date is missed or enough detail is not provided.
At Gallner & Pattermann, P.C., our workers’ compensation attorneys know how to handle the workers’ compensation benefit world. They can assist you as you navigate these claims and determine the best steps for the future. They can help determine what types of workers’ comp benefits you are eligible for and work to maximize recovery for your workplace injury while seeking to obtain from the insurer and employer the necessary medical care you need,
We know how to file and handle a workers’ comp claim correctly to maximize your recovery and chance of succeeding. We fight to help our clients receive the maximum benefits they can recover. Contact us to speak with a lawyer during a free consultation. We handle all cases on a contingency fee, where we only get paid if we recover for you.
