Category Archives: Iowa Workers’ Compensation

Time to Hire an Attorney?

July 19, 2014

Time to hire an attorney?

If you have been involved in a work place accident – you may wonder if you need an attorney – you may already be receiving weekly benefits. I would advise you to talk with an attorney. Why? Often, I see employees being shorted on their weekly benefit payments – employers not including bonuses, overtime, or other cash benefits in their calculations of your weekly benefit.

If you are already receiving temporary weekly benefit payments – I will not take a fee on those payments. However, I will ensure that your employer is paying you the correct amount.

As your healing progresses it becomes more important to seek legal advice. As you get closer to maximum medical improvement, the insurance carrier will want to close your case. They will often want you to settle for a lump sum with closure of your future medical benefits. The insurance carrier may make an offer that does not properly value the full extent of your injury and its effects on your future earnings and need for future medical treatment.

A recent example – an injured employee came into my office right before he was about to be placed at maximum medical improvement. His wrist had been crushed and he developed complex regional pain syndrome, which is a debilitating nerve injury that produces excruciating pain that can radiate through your body. Treatment options usually provide little relief and the pain remains for your life. He was offered under $10,000 for closure of his case. I took his case and procured a lump sum in excess of $450,000. He also retained his right to future medical treatment.

I will fight for you and ensure that you receive the workers’ compensation benefits provided for under the law. If you have a workers’ compensation case in Southwest Iowa, including Pottawattamie County, or Eastern Nebraska, including Sarpy and Douglas Counties call me.

Iowa Workers’ Compensation

April 02, 2014

Medical Care and Treatment

If injured in the course of employment, the employer must furnish reasonable medical care to the injured employee.  The medical care must be offered promptly and without undue inconvenience to the employee.  An employer’s right to select the provider of medical treatment to an injured worker does not include the right to determine how an injured worker should be diagnosed, evaluated, treated or other matters of professional judgment.  An employer’s failure to follow recommendations of an authorized treating physician in matters of treatment is commonly a failure to provide reasonable treatment.

If the employer refuses to provide reasonable care, the employee can file a petition for alternate medical care.