Iowa Workers' Compensation - How long do I have to file a claim?
Attorney
(866) 735-1102 Ext 335
Well the answer to that question depends on whether or not you're getting a weekly check from workers' compensation insurance or not. If you are you have three years from the last date when you received a check. If the claim is in dispute, and that's pretty obvious when they don't pay you right away, then you have two years from the original date of injury.
And if you think the original date of injury is clear, think again. It's not always clear. For instance if your injury is carpal tunnel syndrome, a wrist injury, what is the date? Would it be the date you first notice symptoms? Or, the date you first were diagnosed by a doctor? Or the date you first received medical treatment?
And what about if you're receiving a pay check? A pay check from who is the question and under what program? If the payment is being made through the employer's short term disability program that is not a workers compensation check and receipt of that check will not toll the statute of limitations.
It's not always clear what date starts your statute of limitations period so you're better off seeing a lawyer as soon as your case begins.
Protect yourself, your rights and against those who would take away your right to receive benefits.
Are there any time limitations?
Notice of injury (85.23)
The law provides that the employer must have notice or knowledge of an alleged injury within 90 days of its occurrence, if not, benefits may be denied. The 90-day period begins to run when the employee knew, or should have known the injury arose out of and in the course of employment.
Reporting of claims (86.11)
An Employer's First Report of injury must be filed with the workers' compensation commissioner when an employee alleges an injury arising out of and in the course of employment, which results in time loss from work of more than three days, permanent injury or death. The report is to be filed with the workers' compensation commissioner within four days of notice or knowledge of such alleged injury.
Two-year Statute of Limitation (85.26)
If within two years from the occurrence of the injury the employee does not receive Iowa weekly workers' compensation benefits or file an application for arbitration, benefits may be denied.
Three-year Statute of Limitation (85.26)
If Iowa weekly workers' compensation benefits have been paid, the employee has three years from the last payment of weekly benefits to receive additional benefits or file an action before the workers' compensation commissioner. If not filed within the three-year period, the benefits may be denied. This statute of limitation does not apply to medical expenses reasonably necessary to treat the injury.
For more information on this subject matter, please refer to the section on Worksite Injuries and Workers Compensation.