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Delayed Injuries and Iowa Work Comp

  • Sometimes, you might feel fine immediately after an accident. Maybe you slipped and fell at work and felt like you could walk it off. Not every accident is all that serious, and you might have thought you were simply lucky.

    But now you’re in pain, and you believe it might be because of your accident at work. What can you do now, especially if the deadline to file a workers comp claim has passed? While it’s vital to request your workers compensation benefits as soon as possible, delayed injuries make that difficult. Fortunately, you do have a chance to get the work comp coverage you need for your injuries.  


    What Is a ‘Delayed’ Injury?

    First, you’ll need to determine whether you’ve experienced a delayed injury. A delayed injury is simply what it sounds like: an injury that you suffered some time ago but that didn’t affect you in a noticeable way until recently.

    For example, let’s say you were operating a vehicle on the work site and crashed. You walked away from the accident with only a few minor cuts and bruises, and you felt relieved that your injuries weren’t more serious.

    A few weeks later, however, you noticed that you were experiencing back pain You spoke to your doctor and found that you have a serious injury that has been getting worse over time because of your accident. That’s a delayed injury.  


    How Will It Affect My Case?

    The biggest issue with delayed injuries is that you have such a short time to notify your employer of your injuries and intent to seek work comp benefits—only ninety days. If you don’t see signs of your injury for weeks or months after the incident in question, you might miss the deadline.

    While this may not always prevent you from getting your workers compensation benefits, it could make it more difficult. You’ll need to prove that the accident caused your injuries, which may require more visits and exams with your doctor. You may also need to bring your case to the Iowa workers compensation commissioner if your employer or the work comp insurer dispute your claim.

    If you’ve suffered a delayed injury and you’re only now discovering the injury, you can fight for your work compensation benefits on those grounds, but be prepared to meet some resistance from your employer and the involved insurance companies.  


    Do I Need a Lawyer?

    In many cases, proving that you suffered a delayed injury and that you’ve only recently discovered your injury can help you get the work comp benefits you need. Unfortunately, you’re also injured and fighting to get compensation while you’re unable to work, which is a difficult situation to be in.

    The good news is a lawyer from Pothitakis Law Firm, PC can help your case succeed. Speak to our attorneys about your delayed injury and workers comp claim in a free consultation. To get started on making your case a success, call us at 1-866-PLF-IOWA (753-4692) or complete the contact form on our website.