When an Iowa Workers’ Compensation claim is denied and the employer refuses to cover a Work Comp claim, then filing a Petition (like a lawsuit) before the Iowa Workers’ Compensation Commission may be necessary. While you can fight back if your claim is denied, it usually benefits Iowa workers to hire an experienced lawyer who knows Iowa Workers’ Compensation law to represent them. Here’s why.
Appealing Work Comp Claims
Work Comp claims may be denied by employers for invalid reasons. Experienced attorneys in the work comp field know these reasons and case precedents. An attorney can further evaluate your case so you that can be informed about whether it is worth filing a Petition.
If you have made a claim and it is denied by your employer’s work comp insurance company, you can challenge that denial by filing a Petition. That process begins with filing a Petition and request for a hearing with the Iowa Workers’ Compensation Commissioner (IWCC). The next step is when a specialized judge called the Deputy Workers’ Compensation Commissioner will hold a hearing so both sides can argue their case. Because employers and insurance companies will have legal representation, we encourage workers to have legal representation, as well. Work comp attorneys know what is allowed during this process, which can be helpful to the worker.
Not sure what benefits you are entitled to? Learn more about Iowa Work Comp benefits.
Iowa Work Comp Case Progression
Whatever the Deputy decides, either party has the right to appeal that decision if they do not like the outcome. The next level is an appeal to the Iowa Workers’ Compensation Commissioner who reviews the evidence and decides whether the original decision was correct or not. From there, the case can be further appealed, first to district court (county courthouse), then to the Iowa Court of Appeals and potentially even to the Iowa Supreme Court.
Filing appeals can be a tedious, time-sensitive process, and legal procedures must be followed. Appeals can take weeks or months or years to move through the courts and be decided by a judge. Workers’ Compensation attorneys have staff to assist with filings to make sure deadlines are met.
What to Do About a Work Comp Denial
If you are concerned about a workers’ compensation claim you are making in Iowa, you will benefit from consulting with a work comp specialist. Work comp attorneys bring specialized skills and a depth of knowledge to any workers’ compensation case. Wertz Law Firm understands how each workers’ compensation case is intricately tied to each individual work injury situation. Our attorneys and staff perform all facets of work comp law, from initial filings to litigation in the courtroom to appeals when claims are denied. Please reach out to Wertz Law if you are injured on the job. We provide free consultations to help injured Iowa workers choose a path to get the compensation they deserve.