There are many types of injuries that happen in all kinds of occupations. Some workplace injuries are obvious and happen suddenly like an accident where a worker falls or is struck by an object. Other workplace injuries are difficult to detect and accrue slowly over time, such as hearing loss, back, hip, or knee damage from carrying heavy objects, repetitive stress injury (also called “repetition injury”) or from work activities such as typing that may seem harmless. Workers’ injuries occur in settings both indoors such as in the factory or manufacturing plant and outdoors such as on the farm or construction site. Some workers are hurt on jobsites that appear safe, such as nursing homes, professional offices, schools, stores, shops and government buildings.
When an Iowa worker gets hurt on the job, Iowa statutes and the Iowa Workers’ Compensation Commission typically determine whether and how much the worker can recover for lost earnings, medical expenses and other damages. In some circumstances, including cases involving certain employers or certain types of work, federal laws and other rules apply to the determination of the benefits available to injured employees. To navigate the complex mix of state and federal law and collect all of the benefits available, an injured worker may need an attorney whose primary focus is workers’ compensation law.
Workers’ compensation claims are different from other legal proceedings. For example, when a worker has been hurt on the job, the employer is responsible. The compensation that the injured worker may recover, however, is limited by law. Sometimes, an apparently simple case has hidden layers of complexity, such as third-party responsibility for a work related injury. In addition, under Iowa law, the employer has the right to choose the doctor who will diagnose the injured worker. In many cases this may not be in the worker’s best interests.
Not every on-the-job injury is resolved with a workers’ compensation claim. In some cases, you may have to take other legal steps to completely protect yourself and acquire complete compensation. For example, filing other lawsuits may help you collect kinds of compensation unavailable in a workers’ compensation claim, such as attorney fees, pain and suffering, and punitive damages. Some workers are also eligible for other benefits from Social Security or job retraining.
A good first step is to contact a lawyer to ensure that your rights will be fully protected. At the Law Office of James M. Hood, we have more than 30 years of legal experience with all types of job-related injuries. We can assist you with all of the issues related to your workers’ compensation claim, including your job search, vocational training, Social Security and unemployment benefits.
