When a union worker suffers a job-related injury in Iowa, strong union support can make an overwhelming situation feel less daunting. However, union representation does not replace the skilled legal guidance a workers’ comp attorney can provide when you’re seeking the financial support you deserve.
This guide from the Law Offices of Gallner & Pattermann, P.C., explains the importance of working with an experienced workers’ compensation lawyer, even when you’re in a union.
Union Representation vs. Iowa Workers’ Compensation Law
Unions serve crucial roles for their members, including enforcing collective bargaining agreements and representing workers in grievances. However, unions cannot dictate how workers’ compensation claims are processed through Iowa law or how the state’s system applies the statutes.
In other words, Iowa operates its workers’ compensation program under state law, not union rules. The state applies these laws uniformly to every worker, regardless of whether they belong to a union or not. Union membership offers many protections to workers, but it does not guarantee approval of a workers’ comp claim.
Common Workers’ Comp Challenges Union Workers Still Face
Many Iowa workers encounter significant issues when seeking workers’ compensation, regardless of their union membership. Some of those issues include:
Strict Reporting Deadlines
Iowa requires workers to report a work injury to their employer within 90 days. Missing this deadline can lead to a denied claim, even when the injury clearly happened at work.
Tight Filing Deadlines
If an employer or insurer does not pay benefits, the employee must file a workers’ comp claim within two years of the injury. If benefits were paid, the worker has three years from the last weekly benefit payment to file.
Denied Claims
Unfortunately, insurers frequently deny claims for various reasons. Workers have an opportunity to appeal denials, but they require strong evidence that addresses the reasons for denial.
Disputes Over Medical Treatment
Iowa law allows employers to choose the treating doctor, which often leads to treatment that minimizes the injury or rushes a return to work before full recovery.
Disagreements Over Disability Ratings
Doctors hired by insurers may assign low impairment ratings, which can significantly reduce permanent disability benefits.
Why Working with an Experienced Iowa Attorney is Still Essential for Union Workers
A seasoned attorney brings specialized legal skills and procedural experience when seeking workers’ comp benefits that unions do not offer. Your attorney can help by:
Meeting Strict Legal Deadlines
A missed deadline can compromise your claim significantly. Your attorney can keep you informed on these deadlines and help you file all necessary documentation accurately and promptly.
Building a Compelling Claim
Workers’ comp cases hinge on accurate medical records, doctor testimony, income calculations, and strong legal arguments. Your attorney can obtain this evidence and present it effectively to strengthen your claim.
Leveling the Playing Field
Employers and insurers often have experienced legal counsel and ample resources. Going up against them independently can prove extremely difficult. Having a skilled attorney on your side levels the playing field and protects your rights.
Maximizing Your Benefits
Your attorney can work with medical experts to assess your claim, identify all available benefits, and then fight for the full compensation allowed by Iowa law.
Appealing Denials
Insurers frequently deny initial claims. Your attorney can assess the reasons for the denial and build a compelling case for an appeal.
Contact an Iowa Workers’ Compensation Attorney Today
The experienced workers’ comp attorneys at the Law Offices of Gallner & Pattermann, P.C. proudly protect the rights of union workers in Iowa after a workplace injury.
We can inform you of your rights, investigate your claim and gather evidence, and then fight for the benefits you deserve.
Contact our law firm today for your consultation.