Tom Riley Law Firm, P.L.C.

If an employee is hurt on the job, the employer (usually through an insurance company) must pay compensation regardless of who was at fault. Compensation includes (1) medical benefits, (2) temporary disability benefits, and (3) permanent disability benefits. If the employee is killed, compensation is paid to the spouse and/or minor children.

Medical benefits include payment for 100% of medical bills, but the employer (or insurance company) has the right to choose the doctor. Temporary disability benefits are weekly benefits paid to an injured employee while totally or partially unable to work. Permanent disability benefits are also paid weekly, but are paid because the employee suffers a permanent injury. The amount paid for temporary or permanent disability benefits is a percentage of the employee's wages, usually about two-thirds of gross weekly wages. There are time limits for filing any claim, including a workers' compensation claim, and this will be addressed in another column. An employee who does not receive these benefits, or disputes the amount the employer says is due, should contact an attorney immediately.

WHAT IF I SUFFER A PERMANENT INJURY AT WORK? WILL WORKERS' COMPENSATION COVER ME FOREVER?

The employer (or its insurance carrier) must provide prompt and reasonable medical treatment for a work injury. There is no time limit. Unless the injured worker gives up the right to further medical treatment as part of a settlement, the employer is required to provide it. However, questions often arise whether the medical treatment is related to the work injury (the employer's responsibility) or to something else (the employee's responsibility); usually the doctor decides these issues. The more time since the work injury, the more these issues are disputed.

For weekly benefits, the answer is simpler. Unless the employee is permanently and totally disabled, the benefits do not go on forever; they will run out at some point, although that point is often disputed between employer and employee. The time limits for claiming weekly benefits will be covered in another column.

If the employer is not aware of the injury within ninety days of the injury date, the worker is not entitled to any workers' compensation benefits. Otherwise, the worker may submit a claim for medical benefits (doctor bills, hospital bills, etc.) at any time. If the worker believes he should receive weekly compensation benefits (temporary disability or permanent disability benefits), a claim must be filed with the Division of Workers' Compensation within two years of the date of the injury (if no weekly compensation benefits have been paid) or three years of the last weekly compensation check (if any weekly compensation benefits have been paid), whichever is later, again assuming the employer is aware of the injury within ninety days. Failure to bring a claim within the appropriate time disqualifies the worker from receiving weekly compensation benefits (but not medical benefits). The worker should contact an attorney immediately to make sure his claim is filed on time.

Tom Riley Law Firm, P.L.C.

4040 First Avenue NE
Cedar Rapids, IA 52402-3140

332 S. Linn St., Suite 1
PO Box 3088
Iowa City, IA 52244-3088

The determination of the need for legal services and the choice of a lawyer are extremely important decisions that should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.

A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyers is necessarily any more expert or competent than any other lawyer.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © by Tom Riley Law Firm, P.L.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.