Healthcare workers filed a law suit against the University of Iowa Hospitals and Clinics, alleging they aren’t being paid on time for extra work. The plaintiffs hoped to have the case recognized as a class action, and say there are thousands of potential members who also not being paid in a timely fashion. Attorney Nate Willems represented the workers.

A unanimous Iowa Supreme Court recently gave an Eastern Iowa woman a victory over the Attorney General’s Office.  In Dee Delaney v. Second Injury Fund of Iowa, the Supreme Court overturned an agency decision and found Delaney is entitled to bring a claim for benefits.

Client sustained an injury to her knee based on cumulative or repetitive trauma. The Discovery Rule was used to toll the running of the statute of limitations and notice provisions.

Butz v. Frontier Natural Products. File No. 5024797 (March 25, 2010). The Iowa Court of Appeals affirmed the decision.

You have a right to file a formal claim for benefits. A contested case is a legal proceeding that leads to a hearing before a deputy workers’ compensation commissioner. There is no jury trial. Disputes are resolved by an administrative hearing held in front of a deputy or an assistant workers compensation commissioner.

The hearings are much less formal than a jury trial. At the hearing, you have the right to present evidence helpful to your case. The employer gets the same opportunity. After the hearing, the deputy issues a written ruling on if you are entitled to benefits and if so, how much.

The deputy’s ruling can be appealed to the workers’ compensation commissioner. The commissioner reviews the record and issues a “final agency” decision. Sometimes the final decision is challenged in the court system. This is called “judicial review.” Although it doesn’t happen very often, a case can be appealed all the way to the Iowa Supreme Court.

The amount paid to you weekly depends on how much you were making before you were injured. There are several different ways that can be used to calculate this payment. The amount paid weekly for total disability is called the “rate.” Rate is used to determine temporary and permanent disability payment amounts.

Any workers’ compensation benefits you receive are not taxable. That is one advantage workers’ compensation benefits have overpayments from a company disability policy or sickness plan.

The Iowa Supreme Court has declared any retaliation by an employer against a worker for making a work comp claim is against the law. If an ignorant employer does retaliate, it can be sued and held responsible for any damages you have suffered.

If you have a protected disability you may also have protection under federal and state laws including the Americans with Disabilities Act, Family and Medical Leave Act, and Iowa and federal civil rights laws.