Hiring a Workers' Compensation Lawyer in Iowa
The limits on workers' comp lawyer fees in Iowa, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Iowa: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
|---|---|
| If you disagree with a lawyer's bill | The Iowa Attorney Disciplinary Board does not resolve fee disputes. The Iowa Judicial Branch says fee disputes go to the Iowa State Bar Association for arbitration, and that fee arbitration may be available through your local bar association. |
| If a lawyer takes your money | Iowa's Client Security Trust Fund, administered by the Client Security Commission, covers losses from dishonest conduct by an Iowa-licensed lawyer acting as attorney or fiduciary in the practice of law, when no other source can cover the loss; negligence and employer-employee disputes are not covered. The maximum any one client may recover is set by Iowa Supreme Court rules, and the Commission also weighs available funds and hardship. Claims are generally due within one year after you discover the loss (extendable for good cause). There is no fee and no lawyer is needed. Client Security Commission, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319; (515) 348-4670. |
Iowa rules to know first
| Lawyer fee limits | In Iowa all fees for legal services in workers' comp cases are subject to the approval of the workers' compensation commissioner (or a district court judge for services in the courts). An attorney may not take a fee based on compensation the employer voluntarily paid or agreed to pay, and may recover a fee only on compensation the attorney shows would not have been paid but for the attorney's efforts; disputes are resolved by the commissioner. |
|---|---|
| Deadline to file a claim | If no weekly disability benefits have been paid, the worker must file a petition with the Workers' Compensation Division within two years of the date of injury (the date the worker knew or should have known it was work-related). If weekly benefits have been paid, the worker has three years from the last weekly payment to seek additional benefits. |
| Deadline to challenge a denial | A party aggrieved by a deputy workers' compensation commissioner's decision may appeal to the workers' compensation commissioner in the time and manner set by agency rule, and the commissioner's decision is final agency action. Judicial review is sought in district court under the Iowa Administrative Procedure Act: the petition must be filed within thirty days after the agency's final decision, or within thirty days after a rehearing application is denied or deemed denied. The prior intra-agency appeal rule (Iowa Admin. The deadline to file the original petition is in workcomp/claim_deadline. |
| Can you sue your employer? | Generally no: workers' comp rights are the exclusive and only remedies of the worker and family against the employer for a covered injury, occupational disease or hearing loss. A suit is allowed against a co-employee only if the injury was caused by the co-employee's gross negligence amounting to wanton neglect for the safety of another. Separately, an employer that failed to insure as required can be sued for damages. Source: Iowa Code §§ 85.20, 87.21 |
| Suing someone other than your employer | Yes. A worker may claim comp from the employer and also sue a third party (not the employer or a protected co-employee) whose legal liability caused the injury, and must serve a copy of the original notice on the employer at least ten days before trial. The employer or insurer that paid comp is reimbursed from the recovery with interest (less the worker's allowed attorney fees) and has a lien, which it must preserve by filing notice of the lien with the court clerk within 30 days after receiving notice of the suit. If the worker does not sue within 90 days after written notice from the employer or insurer (30 days if the third party is a city), the employer or insurer may sue; settlements need the other side's written consent or the commissioner's approval. Source: Iowa Code § 85.22(1)-(3) |
| Filing a claim online | In Iowa, employers file a First Report of Injury with the Workers' Compensation Division (Department of Inspections, Appeals, and Licensing) within four days after notice or knowledge of an alleged injury that causes temporary disability longer than three days, permanent disability or death; reports are filed online through EDI, and filing does not admit liability. Workers' Compensation Division: 515-725-4120 or toll-free 800-645-4583. |
Find and check a lawyer
| Lawyer referral service | The Iowa State Bar Association's Iowa Find-A-Lawyer is a free, voluntary web-based referral program that matches the public with Iowa attorneys; the ISBA refers all phone calls from people looking for a lawyer to this website. "Attorneys listed in this directory charge $25 or less for up to 30 minutes of initial consultation"; when you contact a lawyer, say you found them through the program and ask what they charge. ISBA phone (general): (515) 243-3179. Ways to get legal help: https://www.iowabar.org/?pg=Waystogetlegalhelp |
|---|---|
| Check that the lawyer is licensed | The Iowa Supreme Court's commissions maintain an online "Search Iowa Attorneys" database of lawyers licensed by the Supreme Court of Iowa. Search by name, business county, city or state, good-standing status and license status (such as active, inactive, suspended, revoked, emeritus or deceased). It covers lawyers in good standing, inactive, suspended, revoked, deceased and in-house registrants; home addresses and phone numbers are not released. |
| Check discipline history or file a complaint | Ethics complaints about Iowa lawyers go to the Iowa Supreme Court Attorney Disciplinary Board, which receives and investigates them. Use the court-approved complaint form (online, or downloadable PDF to mail), one per attorney, with copies (not originals) of supporting documents and the case name and number if any. There is no charge; the system is funded by assessments on Iowa lawyers. The Board cannot resolve fee disputes, which are generally contract matters for district court, though charging a clearly excessive fee is an ethics issue. Lawyers with prior public discipline are listed on the Iowa court commissions site. Phone: 515-348-4680. Complaint instructions: https://www.iowacourts.gov/opr/attorneys/attorney-discipline/complaint-against-a-lawyer/ |
Free legal help
| Free legal aid | Iowa Legal Aid, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Iowans; toll-free (800) 532-1275, iowalegalaid.org. Other free options listed by the federal court for Iowa include the University of Iowa Clinical Law Program ((319) 335-9030, toll-free (866) 251-5491) and the Drake University Legal Clinic ((515) 271-3851). Iowa Free Legal Answers (iowa.freelegalanswers.org) lets qualifying users post civil legal questions at no cost. Phone numbers from https://www.iand.uscourts.gov/content/how-can-i-find-attorney |
|---|
All legal help in Iowa · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.