Court’s Ruling Changes Workers’ Compensation Filing Deadline

In December, The Iowa Supreme Court issued a new ruling that would give employees who are injured on the job a greater chance of being awarded workers’ compensation benefits, even if they wait to file their claim. Baker v. Bridgestone/Firestone & Old Republic Ins., 872 N.W. 2d 672 (Iowa 2015).

This ruling modified a “discovery rule” so that an employee who is injured in a traumatic, one-time incident can file a claim years later if the severity of the injury at the workplace is not recognized immediately following the incident.  With this new development, it helps prevent workers from unknowingly losing out on their rights to benefits.

It is important to note that the statute of limitations may be different and only your attorney will be able to tell you definitively when that limitations runs.

Typically, a worker would have two years from the time they realize the extent of a workplace injury to file a claim with the state division of workers’ compensation.

Under the Iowa Code, the Workers’ Compensation Act is designed to provide certain benefits to employees who receive injury, occupational hearing loss, or occupational disease that arises out of and during the course of employment.

If you believe you have a claim for Workers’ Compensation, contact Robert McKinney or Ashley Grieser at (515) 987-4578.

case law