Every state in the U.S. has mandatory workers’ compensation laws except Texas. Generally, companies that have three or more employees must have workers’ compensation coverage. Therefore, injured workers cannot sue the employer in most cases.
Let an Attorney Guide You
Consult with workers’ compensation attorneys in Des Moines, IA after work-related injuries. The law has many specific requirements that must be followed for the injured worker to be compensated. For instance, workers have a time limit to report an injury.
Failing to report an injury could lead to denial of the claim. In that case, the attorney must file for a hearing before an administrative law judge. The employer’s insurer may be willing to negotiate with the attorney if a hearing request is filed.
Are You an Employee?
The law requires full-time employees to be covered. Sometimes, employers try to get around the law by making workers independent contractors. Workers’ compensation attorneys in Des Moines, IA dispute this label as well.
The law has certain tests to prove a worker is an independent contractor. One of the main tests is whether the employer directs how someone does their job.
Injured Workers Are Entitled to Certain Benefits
Employers must pay wage and medical benefits. The wage benefit is based on an average of the employee’s weekly earnings. Likewise, the insurer must pay medical benefits including treatment, surgery, prescriptions and testing.
Many insurers try to control claims through medical treatment. Procedures may be denied if the insurer thinks they are unnecessary. Once again, the lawyer may have to file for a hearing to resolve the issue.
Settling a Claim
Most employees will eventually settle their claim. Attorneys recommend waiting until the injured worker has completed medical treatment. This way, the attorney knows whether the client is permanently injured. The law requires that workers are compensated for permanency.
Most often, the law specifies how much should be paid for a permanent injury. Further, the settlement proceeds should include an amount for future medical treatment. If the settlement amount is substantial, the insurer may pay a structured settlement.
In a structured settlement, the claimant receives an up-front payment. The rest of the settlement is paid over time. For more information, call Business Name.
