Iowa's Workers Compensation Act is intended to ensure benefits who suffer hearing loss, occupational disease or injury connected to the job or work site environment. In Iowa, workers compensation benefits are due to the employee regardless of who is at fault. The employer gains as well, because workers' compensation is, by law, the sole remedy the worker has against the employer. In Iowa, almost all employers must provide benefits to qualified employees who have been injured during the course of or because of their employment.
Injury is defined as any impairment to the health beyond normal wear and tear on the workers body. The detriment to the workers health must be cause by the work or work environment. Hearing loss and diseases are treated in the same way as physical injuries when they are caused because of exposure or activities related to employment. Benefits for a preexisting disease or injury are allowable only if the condition has been worsened or aggravated due to the conditions of the workplace.
Most employees under work for hire provisions are eligible to be covered by workers' compensation insurance. Coverage can even extend to proprietors, independent contractors and partners can elect to be covered when a workers compensation policy that include the signers is purchased.
It is the responsibility and right of the employer to select appropriate and reasonable medical care in order to treat the injury incurred by the employee, but in the event of dissatisfaction with the employer's choice, the worker should first discuss the issue with the insurance carrier or the employer. The employee can then pursue the option of alternate care through the Workers' Compensation Commission.
If the disability impairment rating by the physician retain by the employer is felt to be too low, the employee has the right to a second opinion following an examination by a physician of the employee's choice. The cost of the second opinion is borne by the employer.
Most disputes in the area of workers' compensation claims can be solved through discussion between employee, insurance carrier and or employer. The worker has the right to know reasons for any decisions made or actions taken and the type of documentation used to support the ruling. A next step for an unresolved or disputed claim on the employee's part is to consult with one of the compliance administrators who serve in the Workers' Compensation Commission office. The compliance administrator is charged with the responsibility of assisting employees and employers to resolve matters expeditiously. The worker also has the right to initiate a contested case hearing by the Workers Compensation Commission. It is recommended to obtain competent legal counsel before filing for a contested case hearing
In Iowa, the Division of Workers' Compensation of the Iowa Workforce Development has the function of enforcing, regulating and administering the workers compensation laws of the state. The Commission doesn't represent the interests of the stakeholders, but makes available needed information about the implications of the law, the rights of all concerned and also, how to follow the correct procedures in order to resolve the dispute.
Payments for benefits to workers are made through private insurance or by the employer qualifying as a self insured entity. The employer pays the insurance premiums to the insurer.
If the employer provides coverage by purchasing an insurance policy, the employer pays the insurance premium charges. The insurance company (or adjusting company) pays the workers’ compensation benefits to the injured employee. No part of the premium cost is to be paid through employee assessments.
An employer in the state of Iowa is required to provide adequate insurance coverage where employees are eligible for benefits. Failure to due so is considered to be a Class D felony and leaves the employer open to benefits or damages in a civil action.Thank you for choosing Lawcore.com!
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