Iowa Workers Compensation - In what state should I file for benefits?
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If you are injured outside of Iowa can you get Iowa workers' compensation benefits? The answer is sometimes you can. A lot of workers don't work in just one state. So when they are injured in what state should they be paid workers' compensation? As an example, over-the-road truck drivers often times find themselves driving through many states along the interstate highway system and wreck outside of Iowa. Other workers, such as salesman travel in a multi-state region and may slip on ice, falling and breaking a bone. So where do you file for benefits if you are injured while doing your employer's work and you are injured outside the State of Iowa?
I'm going to try and make this simple for you but warn you to see an attorney before making a final decision. If you have the slightest notion that you should be receiving Iowa benefits then see an Iowa attorney who practices in this area. Here is the information your lawyer should ask you for when meeting with you. If he doesn't ask these questions, then politely ask to use the bathroom and escape to your car and find another attorney.
1. In what state were you injured?
2. In what state were you hired?
3. In what state do you have a home or residence?
4. In what state is your employer's principal place of business?
5. Does your employer have an office in Iowa?
6. Do you have a written employment contract and what state laws does it say cover any work related injury benefits?
7. What state issued you a driver's license or CDL?
8. How much time do you, the injured worker, spend in Iowa doing your employer's work? Do you regularly work in Iowa? If so how much of your work is in Iowa?
It's all spelled out at Iowa Code section 85.71. The buzz words are "principally localized" and "regularly works" in this state. You don't have to live in Iowa to get paid under Iowa's workers' compensation statute.
You don't have to work all the time in Iowa. The only question is before you were injured whether you "regularly" worked in Iowa. The discussion you should have with your attorney should center on your work before the injury not after. The term "regularly" is a subjective word referring to a fixed procedure, usual or customary. It doesn't mean more than 50% of the time you work. So if you have a written job description, then show it to the attorney. If you have an employment contract by all means show it to the attorney. See a list below.
For an over-the-road trucker examine if the employer has a place of business in this state, is it usual or customary for you to work in Iowa for this employer; do you work out of an Iowa terminal on a regular basis; do you pick up or drop loads off in Iowa; do you transport loads within Iowa's borders. Overall answer the question: Does your employer's work require your physical presence in Iowa? If so, to what extent of all the time you work do you spend in Iowa?
The answer may be, "Well, sometimes. But really I don't spend much time in any state." Still see a lawyer to determine from what state you are entitled to receive benefits if injured.
What to show your attorney:
1. Your driving log.
2. Your employment contract.
3. Your job description.
4. The number plates on your rig or delivery truck or car.
5. Your driver's license or CDL.
6. Your voter registration card if it is Iowa.
7. A utility bill showing you have an Iowa residence where you pay for heat and water.
8. Brochures created by your employer that show customers, product, services and work in Iowa.
So if you have are injured and work any part of your schedule in Iowa, or if you are injured in Iowa or live in Iowa then see an attorney who is licensed in Iowa. You may be entitled to Iowa workers' compensation benefits. If you are a lawyer reading this refer to Annett Holdings, Inc. v. Allen, 738 N.W.2d 647 (Iowa App. 2007)
For more information on this subject, please refer to the section on Workers Compensation.