No matter where you live in the United States, it’s important to know all of the workers’ compensation laws. Iowa is no exception. If you are injured at the workplace while on the job, you have a right to receive benefits from your employer if you are unable to work. However, if you are denied those benefits, you have a right to sue with the help of a workers compensation lawyer, Iowa. It’s important to know the details of this very important type of insurance in the event that you experience an on-the-job injury.
What Should You Do if You are Injured at Work?
You must immediately seek medical attention and report your injury to your employer. You are required to report any accident or incident to your employer or an employee of your employer who is in a supervisory position. Generally, you have within two to 30 days to report your injury. However, if your situation involves an illness like a lung condition, you are required to report it as soon as you discover it.
If You Receive Workers’ Compensation, Can You Also Sue Your Employer?
In general, you cannot sue your employer if you receive workers’ compensation. The workers’ comp exists to protect both injured workers and employers. It is a no-fault type of insurance, so an employee can get benefits regardless of who was at fault. However, if your injury stems from a reckless or intentional act by your employer, you can skip workers’ comp and sue your employer for a personal injury claim. These claims allow you to also receive compensation for pain and suffering, mental anguish and punitive damages, which means you can receive more in damages.
Is Workers’ Compensation the Same as State Disability?
Workers’ compensation differs from state disability. Workers’ comp is strictly meant to compensate people for injuries or illnesses they sustain while on the job. State disability is for any injuries or illnesses that aren’t work-related. It’s important to note that you cannot receive both workers’ compensation and state disability at the same time unless the amount you receive from the former is less than that of the state disability.
Is Carpal Tunnel Syndrome Considered a Work-Related Injury?
Courts have determined that carpal tunnel syndrome is considered a work-related injury even though it develops gradually and is not the result of a sudden accident.
Are All on-the-Job Injuries Covered by Workers’ Compensation?
Most, but not all, on-the-job injuries are covered by workers’ comp. There are limits to being able to receive compensation, such as if someone is injured due to intoxication or drug use or if the injury is self-inflicted.
If you were injured on the job in the Keokuk, IA area and are being denied workers’ compensation by your employer, hire an experienced attorney to help. Contact the Law Offices of James P. Hoffman at your earliest convenience.