What If You’re Injured in an Iowa Workplace Accident Without Workers’ Comp?
Workplace accidents can leave employees feeling uncertain about their future. In Iowa, workers’ compensation is designed to provide workers injured on the job with benefits, such as medical expenses and lost wages. However, what happens when you find yourself injured in your job and do not have workers’ compensation or your claim has been denied?
Many employees believe that their only option when they get injured is workers’ comp, but that is not true. You have other options as well. Whether you are facing inadequate medical treatment from the provided doctors or your claim has been denied, seeking help from an attorney is recommended.
An attorney who has experience fighting for employees’ workers’ comp rights will be able to bring the highest compensation for you. If your claim was denied, click here to hire an attorney and strengthen your claim. Meanwhile, read this blog to understand in brief your options if you were injured in your workplace in Iowa.
Reasons you may not have workers’ comp
There are several reasons why you may not workers’ comp, including the following:
- Your employer does not provide workers’ comp insurance.
One of the most common reasons for employees not receiving workers’ comp is because their employer does not provide it. Some employers may not obtain workers’ comp insurance due to reasons such as financial problems, forgetfulness, or as a way to cut costs. However, in such situations, you can still take legal action against your employer.
- You were misclassified.
Another reason could be that you were misclassified during employment classification. Employers sometimes label employees as independent contractors instead of employees. This may be a mistake or done deliberately to get out of providing workers’ comp benefits. This misclassification can deprive you of the benefits that your co-workers may receive.
- Your employer has denied your claim, or there are disputes.
Even if you have workers’ comp insurance in your workplace, your claim can still be denied if your employer or the insurance company thinks that your claim is not real. Insurance companies investigate workplace accident cases closely. If they find any discrepancies in what they find and what you said, this can lead to a potential rejection.
However, you can still appeal the denied claim and try again. This is why it is important to work with an attorney to ensure your claim is accepted the very first time.
- You are an exempt employee.
Certain job roles or industries may be exempt from workers’ compensation requirements. This is particularly common in freelance, contract work, or specific industries. For instance, many contractors and freelancers are not covered under standard workers’ compensation policies. If you fall into these categories, you need to be aware of your lack of benefits.
What are the legal options left if you do not have workers’ comp?
If you find out that you are not covered by workers’ comp, you have the option to file a personal injury lawsuit against your employer. This is particularly done where the employer was negligent, directly contributing to the injury.
In Iowa, employees cannot sue their employers as long as workers’ comp is available. However, exceptions exist, particularly if the employer acted with gross negligence or engaged in intentional misconduct.
You can also pursue a third-party claim in situations where a third party, that is, someone other than your employer, was at fault. Third-party liability arises when a contractor, equipment manufacturer, property owner, etc., acts negligently, resulting in your injuries and damages.
For example, if a defective piece of equipment causes an injury, the manufacturer may be held liable through a third-party claim.
Get your compensation today!
If you were injured at your workplace, it is your employer’s responsibility to protect your interests. Hire a workers’ comp attorney today to know your available options!