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You should not wait until the last minute to file your claim or you may not be able to recover all that is owed to you.

If you are one of the many injured Iowans that have been hurt at work you may be considering filing a workers’ compensation claim against your employer. However, you need to notify your employer of your injury in a timely manner as there are time limitations on certain aspects of a workers’ compensation claim. For example, if you are hurt on the job you should inform your employer as soon as possible. Did you know that by law your employer must be notified of your injury or have knowledge of your injury within 90 days of when you knew or should have known that your injury was work related subject to few exceptions? This means it would be best for you and your employer if you tell them right away instead of waiting. If you inform them right away they will be able to get a first report of injury on file and get the treatment you need.

After your employer is notified of your injury they must fill out a first report of injury and file it with the workers’ compensation commissioner within four days of having knowledge or notice of your injury. If your employer does not do this, you will still have a workers’ compensation claim, however, not having a first report of injury on file might make it more difficult down the road when you need to know specifics about the date of injury.

It is recommended that you file the report, because it helps to give your claim a solid base. Having a first report of injury on file will provide:
• The exact date of injury
• Time of the injury
• How it happened
• Where it happened

Plus your employer will have signed it which proves the date that you informed your employer of your alleged injury. All of this may seem like basic information that you would remember, but after a year or so you may not remember all the details of your claim.

If you are injured at work and have a workers’ compensation claim you generally have two years from the date that you were injured to file a petition against your employer, otherwise, you may be denied benefits. Some attorneys like to wait hoping the insurance company will come around with an offer, but in certain cases it is useless to try to reach a settlement without filing a petition. Whether or not your attorney files a petition right away will depend on the fact in your case. If you have received weekly workers’ compensation benefits then your time to file a petition could possibly be extended up to three years from the date of the last weekly benefit check issued to you.

However, it is dangerous to wait until the last minute, because the risk of losing your case on a time limit is too great to even take a chance. If your attorney happens to get the name of your defendant employer wrong on the petition or if your attorney is not qualified to practice in the jurisdiction of your case, then you are left scrambling to a find an attorney that can handle your case at the last minute. There are many attorneys that won’t accept last minute cases.

If you or someone you know is suffering from a work injury our attorneys at Walker, Billingsley & Bair are here to help answer your questions. Corey J. L. Walker practices primarily in workers compensation and is dedicated to giving your case the personal attention that it needs. Corey offers a book about Iowa work injuries at no cost, risk or obligation. His book is called “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” which includes 7 Deadly Mistakes to Avoid if You are Hurt at Work. To order your copy, go to http://www.IowaWorkInjury.com or by Call Now 1-800-707-2552 (ext. 811) (24 Hour Recorded Message).

Disclaimer: This article contains general statements; it is not intended as legal advice or legal opinions and does not create an attorney-client relationship. Do not act or rely upon the information in this article without seeking the advice of an attorney, because changes in the law occur frequently and you should consult with an attorney with respect to your particular case.