Local Representation For Your Workplace Injury Case
Last updated on February 13, 2025
I am attorney Nicholas Platt. At Platt Law Firm P.C. I help injured workers in Urbandale, the Des Moines area and beyond assert their rights and pursue the benefits they deserve. Here are the answers to some of the most common questions I hear from my clients:
Workers’ compensation is a type of no-fault, state-mandated insurance program for workers who are injured on the job. It provides medical coverage, lost wage benefits, disability compensation and rehabilitation services.
Almost all workers in Iowa can file such a claim after a work injury. There are only a few exceptions such as independent contractors and certain agricultural workers.
Additionally, an injured worker’s representative can typically pursue a claim on an injured worker’s behalf.
In tragic cases in which a worker has died due to a work accident, the worker’s spouse and dependents can generally file for death benefits.
You must notify your employer within 90 days of becoming injured or becoming aware of an injury’s connection to your job (such as in the case of work-related illnesses). You generally have two years to file your actual claim to file for benefits. If you were already receiving weekly compensation for your injuries and the benefits stopped, you have three years from the date those benefits were last paid to file an additional claim.
In general, you may be able to receive full coverage for your injury-related medical care, partial wage replacement benefits if you are unable to work and vocational rehabilitation services if you cannot return to your previous occupation. When workers are killed in work-related accidents, their dependents may be eligible to receive death benefits.
If your claim is denied, you generally still have options for pursuing the relief you need. One possibility is for your lawyer to negotiate with your employer or their insurer. This can sometimes lead to a reversal of the decision by addressing the reasons for the denial. Another option is to pursue an appeal. I can help you with finding the right path forward after a workers’ comp claim denial.
You typically kick the process off by making a petition to Iowa’s Department of Inspections, Appeals, & Licensing (DIAL). An arbitration hearing will generally follow. If the hearing upholds the denial, you have additional options. You may be able to pursue a rehearing, a Workers’ Compensation Commissioner appeal or, eventually, a judicial review. Each step has specific procedures and deadlines. I am here to guide you through them.
Many factors can affect the length of this process. These include an employer’s specific claims rules, the complexity of the case and whether the claim is contested. Some cases resolve quickly, while others may take months or potentially even years. I can help answer questions you have about the likely timeline in your case.
Workers’ compensation claims are often disputed, and injured workers unfamiliar with the system are at a disadvantage. Lawyers help prevent unfair denials and make sure that you receive all the benefits you’re entitled to receive. When claims are unfairly denied, your attorney can also represent you in appeals and hearings.
You can still receive workers’ compensation even if you have a preexisting injury as long as your work activity aggravates, accelerates or otherwise worsens your condition. This is often a highly contested issue in workers’ comp claims, where a lawyer’s guidance can prove invaluable.
It depends on the reasons behind your firing. There are limitations on Iowa employers when it comes to terminating injured employees. One is that an employer cannot fire a worker simply because they made a workers’ compensation claim. If such instances occur, legal remedies may be available. Determining an employer’s motives can be challenging. So, having a skilled lawyer review your situation and assess your options is important.
Generally, you do not get to select your treating physician for your work injury. Rather, your employer usually picks which doctor you will see. However, if you are dissatisfied with the chosen physician, you can request an alternate provider. If your employer denies this request, you can petition to DIAL for a change.
If you are struggling to obtain the workers’ compensation benefits you need, I am here for you. I offer free initial consultations, and I only charge a fee if I recover compensation on your behalf. Call 515-278-1522 or fill out my online contact form today for your no-risk, no-obligation consultation.
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