Refresher on Statute Limitations for Iowa Workers’ Compensation Claims

Occasionally, we will field questions regarding how long a Claimant has to file a claim for Iowa Workers’ Compensation benefits. Keep in mind that the requirement for providing notice of an accident is different than the timeframe that a Claimant has to file a workers’ compensation action before the Iowa Workers’ Compensation Commission. There are two distinct circumstances when the statute of limitations may differ.

First, if no weekly indemnity benefits have been paid to the injured worker, the Claimant has two years from the date of the injury to file a workers’ compensation claim. ICA § 85.26. However, note that the two year period in which to file a claim will not begin until the employee discovers, or with diligence, should have discovered the injury and was aware of the probable compensable nature of the same.

If weekly benefits have been paid, ICA § 85.26 notes that the injured worker has three yearsfrom the date of last payment to file a claim. Understand that payment of medical benefits does not count as weekly benefits for purposes of ICA § 85.26. Reasonable related medical benefits, if previously paid, are not subject to the statute of limitations requirement as ICA § 85.26.

For any questions regarding the statute of limitations under Iowa Workers’ Compensation law, please don’t hesitate to contact Iowa Workers’ Compensation Attorney Paul Barta at pbarta@baylorevnen.com.