Guthrie Center Workers Compensation Attorneys

Getting hurt at work near Guthrie Center raises immediate questions: does this even qualify as a workers' compensation claim, what happens if the injury occurred on a construction site, and who is actually supposed to pay the medical bills while everything gets sorted out? The Guthrie Center workers' compensation attorneys at Walker, Billingsley & Bair want local workers to understand all three.

What Qualifies as a Workers' Comp Claim in Iowa?

Every state has different laws, but in Iowa there are several requirements to qualify for a workers' compensation claim.

Prove You Have an Iowa Workers' Compensation Claim

The first step is to prove that you have an Iowa workers' compensation claim. If you were hurt within the state of Iowa, it is clear that you have an Iowa claim. However, if you work for an Iowa company and were injured in another state, you may still have a claim here. There are specific legal and factual requirements to prove Iowa has jurisdiction over your claim, such as where the contract of hire was made, whether you regularly worked in Iowa, and whether your employment contract contains a provision stating Iowa has jurisdiction if you are hurt at work. Just because you are being paid Iowa benefits does not necessarily mean you truly have an Iowa claim, and if you have questions about jurisdiction, you should contact an attorney immediately, since the time limits to file cases in other states can be one year or less.

Prove an Employer-Employee Relationship

If Iowa has jurisdiction over your claim, the next step is proving an employer-employee relationship, meaning you are not an independent contractor. Several factors help determine this, including whether taxes are taken out of your wages, whether there is a contract for a certain piece or kind of work at a fixed price, the independent nature of the business, whether the person who hired you has the right to supervise your work and control its progress, who provides the equipment and materials, how long you have been doing the job, whether you are paid hourly or by the job, and whether the work is part of the employer's regular business.

Prove You Were Injured While Doing Your Job

Once you have proven you are an employee and that Iowa has jurisdiction, the next step is proving you were injured while doing your job, meaning the injury arose out of and in the course of your employment. This generally includes injuries for work done on, in, or about the premises occupied, used, or controlled by the employer. For example, a fall in the parking lot on the way into or out of work near Guthrie Center is considered work-related, while an injury sustained while driving from home to a normal work shift generally would not be.

Did Work Activities Cause or Aggravate the Condition?

Once these legal requirements are met, the medical aspect of the case becomes the focus. The question becomes whether your work activities caused or materially aggravated your medical condition such that you now need medical care and treatment. If your injuries are proven to be work-related, there are three basic types of compensation available: medical care and treatment, including mileage to and from providers and the pharmacy, healing period benefits paid while you are taken completely off work or making less because of restrictions, and permanent benefits if your injury is determined to be permanent in nature.

Learn More About the Dangers to Workers at Construction Sites

It seems like there is always construction going on somewhere in Iowa year round. Working in the construction industry can be very dangerous because there are many hazards that put workers at risk of injury. Construction jobs rank as the third highest for death caused by an injury. Although there are ordinances, regulations, and industry standards that require employers to provide a reasonably safe work environment, construction workers still suffer serious injuries at an alarming rate. In fact, for every 100,000 workers in the United States, 15 die due to injury.

Why Are There Injuries on Construction Sites?

There are many different types of injuries a person could sustain from working at a construction site. Heavy machinery and equipment, heights, loud noises, and holes can all be very threatening to workers. Working with heavy machinery every day can be hard on the equipment itself, so making sure everything is in good working order helps prevent injuries caused by normal wear and tear. If a tool or piece of equipment starts to deteriorate, it is wise to get it fixed right away rather than let it completely break on someone.

What Types of Injuries Occur on Construction Sites?

Common types of injuries on construction sites might include falls, crane accidents, scaffolding accidents, electrical accidents, fires and explosions, and even workers being run over by equipment. The chances of someone getting run over by equipment increase when working on a highway or busy road near Guthrie Center. Workers need to be alert and careful at all times when practicing safety, since a simple mistake in procedure could result in a dangerous accident that most likely could have been prevented. One of the most common construction site accidents is falling, such as roof-related falls, holes in flooring, and crane falls.

How Can You Protect Yourself While Working Construction?

Following safety guidelines every day is the number one thing construction workers can do to protect themselves and their coworkers. Getting plenty of sleep at night helps keep reflexes sharper and judgment clearer, and it also helps workers stay alert when operating equipment. Avoiding drugs and alcohol is vital, since being under the influence at work can severely impact judgment and senses, making a worker a high risk to themselves and everyone around them. If a worker is injured at work and tests positive, the chances are high that they will not be compensated for their work injuries.

Who Should Pay My Medical Bills Near Guthrie Center?

Who pays your medical bills varies depending on how you were injured. If you were injured at work, generally your employer or their insurance company must provide medical care and treatment, and pay for all treatment they offer.

When a Work Injury Claim Is Denied

If your work injury claim has been denied, the employer's insurer loses control over your medical treatment and may be responsible for paying bills from providers they did not approve. It is important to understand your options in this situation, since insurance companies do not always make this clear.