Understanding your rights under Iowa farm workers’ compensation laws after sustaining injuries can be confusing. Unlike many other industries, agricultural operations are subject to unique rules and coverage limitations. That is why you need an experienced Iowa farm workers’ compensation attorney to help you fight for the right compensation.
At Wertz Law Firm, P.C., we serve farm workers in Cedar Rapids and the entire state of Iowa. Our attorneys bring over 60 years of combined legal experience to every workers’ compensation case we handle in Iowa. For over 35 years of his practice, attorney Thomas M. Wertz’s record before the Iowa Supreme Court has led to major legal changes in favor of farm workers.
Agricultural Coverage Exceptions & Small Farm Exemptions
Under Iowa Code § 85.1(6), you qualify for coverage if, as a nonexempt employee, your cash payroll exceeded $ 2,500 in the previous year. Even if you are a regular employee and your earnings exceed $2,500, you deserve the coverage. However, if you are an occasional worker, you may not be included.
Many agricultural workers in Iowa assume they are not covered, failing to pursue what they deserve. But even if you do not qualify for workers’ compensation, you may still have legal options, including third-party liability claims. That is why it is important to consult an experienced agricultural injury lawyer in Iowa.
What Are The Seasonal & Migrant Worker Rights In Iowa?
Seasonal agricultural workers, harvest crews and migrant laborers normally hesitate to file workers’ compensation claims due to misconceptions about eligibility. Also, language barriers limit them from understanding the claims process, and the fear of losing their jobs if they retaliate.
However, Iowa workers’ compensation operates under a no-fault system, and your immigration status does not affect your eligibility for benefits.
Chemical & Respiratory Exposures Unique to Agriculture
Common agricultural exposures in the state include:
- Anhydrous ammonia burns and respiratory issues from certain fertilizer applications
- Pesticide poisoning
- Long-term neurological effects from herbicides
- Grain dust leading to respiratory diseases such as farmer’s lung
- Silo gas exposure leading to permanent lung damage
Unfortunately, many of these conditions take time to show symptoms. Employers and the insurance may take advantage and try to deny or minimize your compensation, claiming you had preexisting health issues. Thankfully, our Iowa farm workers’ compensation attorney can help you file valid agricultural workers’ compensation claims.
Equipment Safety Violations & Third-Party Liability
Some Iowa farm injury cases may involve additional liability from third parties in equipment hazards, such as:
- Defective guards on machinery
- Power take-off (PTO) shield failures
- Grain bin ventilation system malfunctions
- Tractor stability and rollover issues
When the machinery causes injuries due to the manufacturer’s negligence, you may file a separate claim to recover additional damages on top of workers’ compensation benefits. Our Iowa farming injury attorney can help you identify all possible sources of compensation.
Frequently Asked Questions About Iowa Farm & Agricultural Workers’ Compensation
Over the years, farmworkers have come to us with the same concerns about their rights under Iowa law. Below, our farm workplace injury lawyer clearly answers some of these questions.
I was injured during harvest season, and my employer says I am just a seasonal contractor, not an employee. Can I still get workers’ compensation?
Possibly, you may still be eligible. Employers sometimes misclassify workers as independent contractors. If, during harvest, you worked regular hours and your cash payroll reaches the threshold, you can consult an experienced farm accident workers’ compensation attorney.
I was exposed to anhydrous ammonia and did not feel sick until a week later. Is this still covered by workers’ compensation?
Yes, as long as medical evidence links your condition to workplace exposure, your injury may still be compensable. However, you should notify the employer within 90 days of its occurrence. You have only two years to file the claim.
Can I get workers’ compensation for a farm injury if I was working alone when it happened?
Yes, you do not need witnesses to qualify for compensation. All you need to do is report the injury to the employer and seek medical care. The medical reports will give enough evidence of the injury to file a strong claim with the help of a farm workplace injury lawyer.
What if I got hurt on a farm, but I am paid in cash under the table?
Accepting secret pay may have several consequences. First, you may end up accepting an amount that is lower than your actual compensation. Additionally, it can hinder you from filing claims in the future when the conditions worsen. Always involve a lawyer and follow the legal process of filing the claim.
Can I collect unemployment benefits while receiving workers’ compensation benefits in Iowa?
No. In Iowa, you cannot receive unemployment and workers’ compensation benefits at the same time. However, you may receive unemployment if you are on permanent partial disability (PPD). It is best to consult an Iowa farming injury attorney to learn when you are eligible.
Speak to an Experienced Cedar Rapids Workers’ Compensation Attorney
Farm work injuries can have life-changing consequences, but our Iowa farm workers’ compensation lawyer is ready to provide you with strong legal support. At Wertz Law Firm, P.C., we serve all farm workers in the entire state of Iowa from our office in Cedar Rapids. Call 319-861-3001 or fill out our online contact form to schedule a free consultation.
