Workers Compensation FAQ

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Worker's Compensation FAQ

Who is responsible for providing me with medical care?

Your employer if your claim is accepted as a compensable work injury. Iowa Code § 85.27 provides that your employer must provide you with medical care reasonably suited to treat your injury or injuries. If you are unsatisfied with the medical care, we may be able to file a Petition for Alternate Care under certain circumstances. If your employer disputes the claim and does not accept liability for the claimed work injury, you are free to obtain whatever medical care you deem fit and reasonable.

Who is responsible for my disability benefits?

Your employer if we can prove this is a compensable work injury. The law in Iowa is such that your employer has an affirmative duty to issue prompt payment of benefits owed to you. Having said that, employers often do not issue prompt payment and dispute the amount of benefits you are owed.

If my health insurance or my car insurance make payments on my medical bills, will they get paid back out of any settlement or verdict?

It depends. Likely, your health insurance or car insurance will get paid back on what is called a subrogation or lien claim.

Do I need to take photographs of (1) the accident scene, (2) the vehicles, or (3) my injuries?

YES. Photographs are extremely important pieces of evidence. Photographs of your injuries will help us prove damages. We often provide photographs of injuries to IME doctors for review.

Can I talk about my work injury on my Facebook or Twitter account?

If you have any sort of social media account, we strongly encourage you to eliminate all information concerning your accident, your injuries, and your treatment. We have seen too many people torn apart by defense lawyers based on information distributed through these sites. In fact, we encourage you to get rid of your social media websites during your case. At a minimum, please make sure that your settings are such that your information is intended to remain private. For those people closest to you who you may want to update on your condition, please do so through phone communication. Remember: your employer, the insurance company, the defense lawyers, and everyone else can gain access to your social media accounts.

Should I talk to the insurance company representatives?

NO. After you hire us, it is our job to have all communication with the insurance company representatives and lawyers.

Do I need to notify you if I intend to file for social security disability while my case is pending?

YES, filing for social security affects your claim. I need to know PRIOR TO your filing if you intend to make a claim for social security disability benefits.

Do I need to notify you if I intend to file for bankruptcy while my case is pending or if I am already in bankruptcy?

YES, bankruptcy affects who controls the legal claim. It is extremely important that you discuss with us PRIOR TO filing for bankruptcy.

How much is my case worth?

It depends. Each case is different. Each case is unique. It is impossible to answer this question until we are able to fully evaluate your case. We will look at issues such as (1) Scheduled Member vs. Unscheduled Member, (2) Functional Impairment, (3) Loss of Earning Capacity, (4) Rate, (5) Future Medical, and (6) all other factors discussed throughout. If we are in a position in the future to discuss settlement, there are different settlements that can entered into. These include: (1) Full Commutation, (2) Partial Commutation, (3) Agreement for Settlement, and (4) Compromise Settlement.