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WORK COMP - 90 DAY NOTICE
Hibu Websites • March 31, 2021
WORK COMP - 90 DAY NOTICE
22 Jun, 2018
A.
Under Iowa law an injured worker can report an injury within 90 days of the event and still have a valid workers' compensation claim. It is no defense for the company to hide behind an arbitrary time limit of 24 hours. The law is you have 90 days to report the injury.
Think about this example, if you are hurt on January 1st of a given year, you will at least have until March 30th of the same year in which to tell the company about your injury. Just take a calendar and count forward 90 days to find your last possible date on which to give notice of injury.
The best practice is to tell the company as soon as possible that your injury has taken place. Don’t wait until the last possible moment to give notice about an obvious injury as this will just cause problems with suspicious employers. But, giving prompt notice is not always possible. What about a worker who strains a back on Friday afternoon but waits to report it until seeing how it does over the weekend? Or, if you pick up an infection from a wound at work and it takes weeks for the problem to fully develop no one can fault you for not immediately reporting the work connection. Many workers do not know that if they hurt themselves through repetitive motion jobs that their case is valid even if several weeks, or even months, go by until the doctor explains that work likely caused the symptoms.
These are but a few of the ways in which a valid claim can take time to fully develop. These problems can be very complex. A worker facing a 90 day notice problem should call an attorney immediately.
Injured in a crash caused by an uninsured driver in Des Moines, IA? You may still recover damages with uninsured motorist (UM) coverage. LLDDC Law’s auto injury attorneys can help you navigate your claim and secure the compensation you deserve. Call for a free consultation—no fee unless we win!
Workplace fatalities are tragic and raise many questions for surviving family members about eligibility and the types of benefits available. If the death arose out of and occurred during the course of employment, there are three primary categories of benefits under workers' compensation laws. 1. Weekly Compensation for Dependents Surviving spouses and minor children are typically eligible for weekly compensation. Key points include: • For the spouse: Payments can continue for life unless the spouse remarries. Upon remarriage, the spouse may receive two years of benefits as a lump sum, ending further payments. • For minor children: Payments end when the child turns 18 unless the child is physically or mentally incapacitated or enrolled in full-time accredited education. • Lump-sum payments: While benefits can be taken as a lump sum, these are often heavily discounted and may not be advisable. 2. Medical Expenses If the worker survives for a period before passing, the employer is responsible for: • All reasonable medical expenses incurred due to the injury. • Healing period payments owed prior to the worker's death. 3. Burial Expenses Workers' compensation provides come coverage for burial costs. This benefit helps ease the financial burden during an already difficult time. Additional Consideration: Third-Party Claims If the death was caused by the negligence of a person or company other than the employer, surviving family members may also pursue a personal injury claim in addition to workers' compensation benefits. Final Thoughts Navigating workers' compensation after a workplace death can be overwhelming. Understanding the benefits available—from weekly compensation to burial expenses—can help surviving families secure the support they need. Consulting with an experienced workers' compensation attorney at LLDDC Law can ensure you receive the full benefits to which you are entitled.
Injured in an accident? Full disclosure of prior medical conditions is vital to your case. Learn how transparency protects your claim. Contact our experienced personal injury lawyers in Des Moines, IA, for a free consultation!
Struggling with medical bills after a car accident? Learn how to manage costs, protect your credit, and leverage health insurance or MedPay. Contact our experienced auto injury attorneys in Des Moines for a free consultation today!
Injured in an icy road accident in West Des Moines or in the state of Iowa? Our experienced accident attorneys explain why the “Act of God” defense often fails and how Iowa law holds drivers accountable. Contact us for a free consultation today!
If you or a loved one has experienced a catastrophic injury, navigating insurance claims and mounting medical bills can feel overwhelming. At Lawyer Lawyer Dutton Drake & Conklin, our experienced injury attorneys are here to provide the guidance and advocacy you need. We fight for injured Iowans—not the insurance companies. Contact us today for a free consultation and let us help you focus on recovery.
In the aftermath of a car accident, navigating the world of insurance can be overwhelming, especially when the negligent driver has inadequate coverage. This often leads clients to wonder: are there other avenues for compensation? The answer lies in the concept of vicarious liability, a legal principle that can open up additional insurance resources. Call LLDDC Law at 515-224-4400, Iowa's Injury Lawyers.
After an accident, gathering evidence quickly is crucial to the case. As the burden of proof falls on the injured party, relying solely on insurance companies or law enforcement to collect evidence can harm your chances of receiving fair compensation.
When you’ve been involved in an automobile accident in Des Moines, IA, especially one that leads to injury, the first few days can feel overwhelming. Between hospital visits, insurance calls, and dealing with the aftermath of the event, it’s easy to feel lost. However, prompt investigation of the incident is crucial—both for the injured party and for the overall strength of any future claim. One of the most common questions people ask in the early stages of a personal injury claim is: "What should I do now?
18 May, 2016 While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as... While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as hot this summer. The Des Moines Register reports, "NASA scientists and others said that there's a good chance that this year will pass 2015 as the hottest year on record ." If you allow your body to overheat, you can suffer from various heat-related illnesses, including a fatal heat stroke. So what can construction workers do to stay safe under the beating rays this summer? Water, rest and shade Drinking water is the most important thing you can do to fight the heat. One rule of thumb: drink four cups of water every hour. Moreover, taking frequent breaks from the heat will prevent the body from overheating. Strenuous tasks should be accomplished early in the morning or later in the shift when the sun is not overbearing. Seek shade for these breaks. If natural shade is not available, opt for portable shade, such tents or umbrellas. Know the signs Heat exhaustion is overpowering and can threaten your health. When you are at work under the heat, be cautious of these signs : Dizziness, fainting or headaches Wet skin and weakness Confusion or irritability Nausea, vomiting or thirst The more egregious symptoms associated with heat stroke include: Seizures Collapsing Fainting Foggy thinking Get help right away If you suspect you are suffering from a heat-related illness at work, move to shade and remove outer clothing. A fan, mist, water and ice may help alleviate any symptoms. It also helps to drink cold water. More important, call a supervisor for help and seek immediate medical attention. Generally, you can secure workers' compensation benefits for most work injuries, including heat-related illnesses. To qualify for benefits, the injury must be caused by or aggravated by your work responsibilities or the condition of your workplace. If the overwhelming circumstances of your sweltering work environment have compromised your health, speak to a lawyer about work injury benefits.
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