Can You Submit a Work Comp Claim Right Away If You Were Terminated?

0
386

The Iowa Workers’ Compensation statute was developed for those who sustain injuries while employed by an employer. Therefore, irrespective of whether you are currently employed, you have 90 days to file a Work Comp claim if you worked for or were employed by a business when the injury happened. You might leave your job, be fired, or participate in a force reduction. It makes no difference why someone goes. You can get help from The Law Offices of Gallner and Pattermann, PC.

What if my job was terminated?

Work Comp claims are still valid if you were working for the firm in question at the time of the accident. If you notified the injury of the employer within 90 days of quitting or being dismissed, you would still be qualified to file a claim. The most crucial factor is that you have to be working when the job injury happens.

What if I was getting ready for a job when I was hurt?

You are regarded as an employee under Iowa Workers’ Compensation law if you receive compensation for training or participate in specific evaluation programs. Therefore, Work Comp may be applicable if you receive paid employment training and are hurt. Always report an injury sustained while participating in work-related training as soon as possible.

What exactly is an “employee”?

Many people are unsure of who constitutes an employee when it concerns work comp. This is a fascinating query. When it pertains to “employees” and work comp, Iowa law is typically expansive and wide.

As you may see, even unauthorized workers and juveniles who were hired unlawfully and those who left their jobs but were hurt when they returned to the workplace to get tools or other supplies for the task were qualified for Work Comp.

People who meet the legal standard of independent contractors are among those who are ineligible for workers’ compensation. Many farmworkers and truck drivers in Iowa are examples of independent contractors. Generally, sole proprietors and company partners are likewise ineligible.

Qualified for Work Comp:

  • unauthorized personnel
  • illegally hiring children
  • executives of companies
  • the people in the office
  • prisoners engaged in jail project work
  • Trainees
  • Former workers who resign yet are hurt when they visit the workplace.

Unqualified for Work Comp:

  • Independent contractors, 
  • including farmers and truck drivers,
  • lone entrepreneurs
  • Joint ventures with partners

If you are unsure if you qualify for workers’ compensation, proceed as you usually would and report any workplace injuries as quickly as possible. You pass the first and most typical roadblock to workers’ compensation by letting them know about your injuries.

LEAVE A REPLY

Please enter your comment!
Please enter your name here