Recent changes in Iowa workers compensation time limits are leaving company owners and their employees with a lot of questions. For example, your workers comp claim may be affected depending on whether you were injury before or after July 1, 2017. Your Iowaworkers comp lawyer can tell you how the statutes of limitations apply to your particular situation, but here’s an overview.
What Are the Two Time Limits on Workers Comp Cases?
In the state of Iowa, there are two deadlines you have to pay attention to if you’re injured on the job. The first is the reporting time. By law, you have to notify your employer within 90 days of any workers-comp covered injury. The clock starts ticking on that from the date the injury occurred, and it can be a verbal or written notice. However, if you anticipate a problem with your claim, it’s good to have everything documented.
The second deadline has two parts. If you were injured on the job and never received any weekly benefits related to that injury, you have two years to file a petition to the Iowa Workers’ Compensation Commissioner. If you did receive benefits after your injury, you have three years from the date of your last benefit payment to file a claim.
The Changes to Workers Comp After July 1, 2017
In 2017 the state changed some of the requirements and determination for certain injuries occurring on or before June 30 of that year. The law states that for repetitive motion injuries like carpal tunnel syndrome, the disability date is that day in which the injury manifests. Injury manifestation is defined as when an average person should have noticed:
– They were injured. – The injury was caused by a work activity. – The injury is severe enough to affect their ability to do their job.
What changed after July 1st? The key word in the above list of requirements is “Should”. The Workers Compensation Commission dropped the requirement that you were aware that you suffered a serious injury. This affects the reporting time. Although it is still 90 days, those injured after July 1st have a little more leeway about immediacy if minor but consistent pain turns out to be a symptom of a more serious. Work-related injury.
If you have any questions about your eligibility or you need representation, contact an experienced workers comp lawyer today.