If an individual is injured while on the job, he or she is entitled to worker’s compensation to pay the medical expenses and help cover a percentage of lost pay from mandatory time off.  Although the process is relatively simple, getting the full value of your claim is a time-consuming and potentially complicated issue.

The Verdict

Motorcycle Accidents

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Construction Site Accidents

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Car and Tractor Trailer Accidents

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Groundskeeper and Maintenance Workers

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What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

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Large Damage and Major/Serious Injury Cases

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Workers' Compensation

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Injury Caused by Property Defects

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Deforming Civil Rights through Tort Reform

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General - Rants - Raves and Housekeeping

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Motorcycle Accidents

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Workplace Injuries

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Wrongful Death Cases

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Nerve, Brain and Spinal Cord Injuries

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Construction Site Accidents

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Unsafe Products

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Property-Injuiry Cases

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Trial Practice - Mostly for lawyers

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Trial Practice - Moslty for non-lawyers

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Client Toolbox

Workers' Compensation

Trial Practice

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FAQs

Motorcycle Accidents

If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages?

What are some of the things I’ll need to prove a car accident claim?

After a motorcycle crash what is the most important thing to do?

Construction Site Accidents

No one is using fall protection on the construction site. What should I do?

The fall protection equipment being supplied on the job site isn't what I want to use. What can I do?

Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

Car and Tractor Trailer Accidents

What are some of the things I'll need to prove a car accident claim?

My wife commutes from an Iowa office to a South Dakota satellite office. Several employees drive together in a company owned vehicle. The girls randomly take turns driving. I'm wondering what the liability is for the driver in the event of an accident. Not only pertaining to damage to the company car but also to the other passengers, other vehicles and or property.

Large Damage and Major/Serious Injury Cases

What bills and expenses can I include in my personal injury case?

How do I know if I’m being overcharged for medical charges?

I don’t think we need a lawyer at this point but we do need information about what to expect with my son’s brain injury. Where can I go for information?

Workers' Compensation

During a hip replacement surgery on my husband four years ago a metal band was placed on his lower femur that we were not informed of and this was discovered during a recent doctor's visit. My husband has experienced pain in this area since the surgery and the doctor believes this band is causing the pain. Should we have been informed by the surgeon that the band was placed there and the reason for it?

I retained a lawyer for a workers comp injury-was receiving benefits before he was hired-now all of a sudden he wants me to give him a perecntage of my weekly benefits. I have not signed any form giving him permission to do so but he has also had the check made out in his name and mine and sent to him. How ethical and legal is this practice? Our contract at first was for a third of the settlement.

Why would my attorney have my workers' compensation checks sent to the lawfirm? Why can't the weekly checks just come directly to me?

Injury Caused by Property Defects

I fell on ice at someone’s property along the sidewalk. They hadn’t kept it shoveled and a drain caused the melting snow to go across the sidewalk, then it turned to ice when the sun went down. How long do I have to bring a claim?

I had a friend staying with me and things went sour. She moved out and left her things. She wants to get her stuff but I would rather pack for her so nothing of mine is stolen. She said she is bringing the police. Is it legal for her to enter my home without my permission if her things are inside?

MOTORCYCLES, TRUCKS AND AUTO WRECKS

After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that?

WORKPLACE INJURIES

If after returning to work I reinjure myself will I be entitled to additional workers' compensation benefits?

Why is it important to tell my supervisor about being injured?

If I'm hurt at work what benefits am I entitled to receive?

WHAT IS FAULT AND NEGLIGENCE?

What do the lawyers mean when they talk about negligence? They also use the word "fault" and I'm not sure what that has to do with how much I'm going to recover.

If while driving under the speed limit, I rear-end someone in a rain storm will they consider me at fault for the accident? I've seen two PI lawyers who say the driver was at fault. What should I do?

School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

PROPERTY CASES

There was an ice storm that hit my area of Iowa and a limb from my tree hit my neighbors garage. it only put a small hole in the overhead garage door and dented the rain gutter. to what extent am I liable for that damage? is it my responsibility to pay for repairs or is that her insurances responsibilty? Is this an act of God?

TRIAL PRACTICE

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

How can I make my civil trial practice more effeciient during the initial interview process?

What does it mean to be a trial lawyer?

DEFAMATION - LIBEL AND SLANDER

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

What do I need to prove?  What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue. What are the main elements of a defamation actiion?

BEING A CLIENT

I'm on long term disability (LTD) and am being told benefits are going to stop because my diagnosis has changed. The insurance company refuses to tell me why. Am I entitled to know why? Is there something wrong with me asking for an explanation?


What is the best way to communicate with my lawyer?

What if my lawyer doesn’t return my phone calls or email questions?

General

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Workers' Compensation

When you are injured and need a lawyer to represent your interests consider that Lombardi Law Firm has been serious about this business since 1981. We pride ourselves on telling you what you need to hear, not what you may want to hear. We focus on protecting your rights so you can focus on getting better.

Worker injuries are complicated and are becoming more complex. The wreck or accident that caused your injury usually requires an investigation to determine if and when additional lawsuits and claims need to be pursued. These types of claims can include lawsuits against a negligent third-party, a negligent doctor, a defective product manufacturer, a property related claim, a drug company, a claim against co-workers for gross negligence, a Social Security Disability claim, an underinsured or uninsured motorist claim, one for wrongful death, a brain injury, loss of a limb, hearing or sight, or even a legal malpractice claim for not doing it right. Remember you have only one chance to do it right.

What have we done for others?

  • An Iowa resident who drives a semi-truck for a living is in upper Wisconsin when he is involved in a head on collision that kills him. His widow immediately contacts a lawyer in this firm. The next day I am standing in a gas station in northern Wisconsin examining tires, taking photographs and interviewing witnesses. The witness statements indicate an insurance company’s claim of a blown tire being the cause is incorrect and that the adjuster has the wrong tire for making such a claim. The witness statements taken that day later substantiate what really caused the head-on collision. The real cause is a second semi truck driver that fell asleep at the wheel. The widow wasn’t aware she must assert both a workers’ compensation and a wrongful death claim. Her case is settled for over $600,000.00.
  • A worker welding inside a grain dryer is crushed by the unexpected spinning of the drum in which he is lying. The widow contacts this firm. It is later determined the co-workers have covered up evidence to cover-up the true cause of her husband’s death. Both a workers’ compensation claim and a lawsuit for wrongful death based on gross negligence are filed. The workers compensation and the civil claim for gross negligence are settled for more than $650,000.00.
  • A truck driver delivering product suffers a severe spine injury when he falls from the ladder aside the liquid tank being towed. The year he is injured is 1997. He hires Lombardi Law Firm to assist him. We evaluate a potential medical malpractice claim and pursue his workers’ compensation claim. He later receives Social Security Disability benefits, which must be taken into consideration when his workers’ compensation claim is settled. As of 2008 we continue to represent him and his total settlement package adds up to over $660,000.00 including paying for future medical. We don’t give up – even if it takes more than eleven years.
  • An iron worker’s leg is crushed by a falling slab of hollow core prestressed concrete resulting in the loss of his leg. His case is settled for just under $1 million.
  • A concrete worker driving between jobs is cut off by another car, causing him to strike a utility pole head-on. He develops a serious spinal condition rendering him unemployable. His case is settled against the underinsurance carrier for $1 million. Ten years later he continues to receive life time weekly workers’ compensation benefits.
  • In 1989 Lombardi Law Firm opened a second injury fund claim for a drywaller that inured his only good knee. His bad knee was injured many years previous to the work related injury, but in a non-work related accident. He is proven to be permanently totally disabled and we take great pride in having proven his case for life time benefits of over $400.00 per week.
These are a few of the work injury cases Steve Lombardi has handled.

Injuries include any health impairment that is in some way caused by the job you do. They can be obvious injuries like a broken leg, or cumulative injuries that take years to manifest, like rotator cuff tears or ruptured discs. In addition to back sprains, broken bones, and dismemberment, this includes loss of a sense, such as vision or hearing, or contraction of illness.  The primary component is that the injury must have occurred during employment activities or as a result of employment-related exposure.

All workers’ compensation benefits are dependent on credible medical opinions. Like your cars engine, the workers’ compensation benefits engine doesn’t start up without gas in the tank. A credible medical report relating the injury to the work is the gas that get’s the benefits engine turning over. Just because the company doctor doesn’t relate your injury to the work doesn’t mean you are not entitled to benefits. A different doctor may have a more credible opinion about causation. Keep in mind who hired the company doctor and how many referrals come from the employer. The doctor may be prejudiced against workers or may not have sufficient information about what you actually do in your job to have given an opinion that is credible. 

Someone who is injured while on the job is entitled to fair compensation and “benefits” according to Workers’ Compensation law, which pays all reasonable and necessary medical bills and can help an employee who loses wages, either because he or she can’t immediately return to work or because the injury makes it impossible to earn the same wage.  In the state of Iowa, worker’s comp covers all regular employees, people hired under contract in Iowa, and anyone whose employment is principally located in Iowa.  Sole proprietors, partners, and limited liability company members are not considered employees but may purchase a valid workers’ compensation insurance policy.  Certain individuals—such as a person working in his/her own home or a person employed for less than $1,500 a year—are not covered by worker’s comp.

Workers’ compensation is designed to work smoothly:  you, the employee, are injured, report the injury (often including follow-up reports), file a claim, and receive appropriate compensation.  The theory sounds nice but reality can be very different for the worker. However, there are certain stipulations:  for instance, if your initial injury (or exposure) is not documented with your employer, your claim may be denied.  If you do not file your claim within two years of the incident, your claim may be denied.  If weekly benefits are paid, you have a three year limitation period and must file for these additional benefits within three years of receiving your weekly benefits—or your claim may be denied.

Keep in mind the employer, the human resources department, the insurance adjuster, the case manager, the treating doctors and other medical professionals, the case nurse and the workers’ compensation agency staff DO NOT represent you. The only person who will be looking out for your interests is the lawyer you hire. PERIOD!  The sooner the better.

While workers’ compensation is supposed to pay for all reasonable and necessary medical care to treat the injury, questions may arise about whether an employee is entitled to disability benefits and what type of benefit (temporary disability, permanent temporary disability, permanent total disability, temporary total disability, etc.) you’re entitled to.  Getting additional benefits, such as benefits for the Healing Period or from the Secondary Injury Fund or for industrial disability (permanent injury) may be difficult for a typical employee to get.  Given the stress of being injured, getting better, following advice about what to do to with conflicting medical opinions, trying to pay bills with less money, worrying about relationships with family and friends, etc. the answers may not be obvious.   Additionally, because insurance providers work to find a way to deny the claim or to pay you less someone needs to know how to start and then to drive the benefits engine.  Have they voluntarily paid you mileage to the doctor? Is your weekly compensation rate correct?   When should you get a second medical opinion and from what doctor? How long will you likely to be out of work and should your spouse get a job? When are you required to take a job offer? Is the company doctor treating your claim fairly? Is a friend’s advice about what his claim settled for important to what your case is worth? Do you have to allow the case manager in when the doctor is examining you? Your questions are all normal for the process. Answers are what you need.

When faced with a worker’s compensation claim, don’t wait and assume that the insurance provider and your employer are working hard with your best interests in mind.  After all, they’re both part of another organization with priorities beyond your claim.  If you want to be certain that your best interests are being protected and that you will receive the most that you are entitled to as a result of an injury sustained at the workplace, hire a lawyer. Since 1981 Steve Lombardi of the Lombardi Law Firm in Des Moines, Iowa has been representing people just like you.  Mr. Lombardi has experience in the Iowa court system and has handled more than 1,000 cases for as many clients recovering more than $15,000,000.00 for personal injury. He takes special pride in representing people with real problems needing real solutions. When the insurance companies see you as a cost and your employer is too busy to pursue your claim, know that a lawyer will fight for your case.  Tenacity is what you need. Call 515.222.1110 for a free consultation.


Library for Workers' Compensation:

  • Revisiting the Going and Coming Rule in Iowa [PDF]   
    Description: When an employee is required to provide their own transportation for use during the work hours they are covered for workers' compensation benefits while driving to and from work. In this outline Steve Lombardi discussed the situations in Iowa that have made for cases under Iowa's going and coming rule.

Frequent Questions for Workers' Compensation:


Web Resources for Workers' Compensation:

  • Iowa work place injuries

    Description: Discussions about most anything of a personal injury nature including news about work place injuries and the causes.

  • Iowa Workers' Compensation

    Description: Search the Workers' Compensation website for decisions, laws, agency rules, staff information and more.

  • Safety Lex

    Description: Every wonder what news is out there concerning safety in your workplace, or with the toy your child has in it's mouth or on construction sites? Look no further to see safety news from around the world.

  • Workers' Comp Insider

    Description: It's been said to keep your friends close and your enemies closer. Want to know what the other side is thinking? They call it cost control or cost containment. It's Lynch Ryan's weblog about workers' compensation from the defense perspective.

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Lombardi Law Firm
Three Fountains Office Park
4200 Corporate Drive, Suite 112
West Des Moines, IA 50266

Toll Free: 800-383-0331
Phone: 515-222-1110

News

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Resources

Motorcycle Accidents

Construction Site Accidents

Car and Tractor Trailer Accidents

Large Damage and Major/Serious Injury Cases

Workers' Compensation

Blawgs and Blogs

Toolbox for Clients

Toolbox for Law Students

Government Sources

Toolbox for Trial Lawyers

Law Firms Outside of Iowa

News Sources

Other

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Videos

Motorcycle Accidents:

Graphic Motorcycle accident....wear your helmet!

What can occur when you're not riding responsibly.

Construction Site Accidents:

New York City Iron Workers

Ironworkers - What does it takes to be an ironworker?

Ironworkers - Danny on the Trump Tower in Chicago

Car and Tractor Trailer Accidents:

Tractor-Trailer Accidents - Overview

SEMI TRUCK ACCIDENT- PICK UP TRUCK CRUSHED

SEMI-ROLLOVER WITH 2 CARS UNDER IT- UCAN MEDEVAC HELICOPTER

Groundskeeper and Maintenance Workers:

Blowing snow with ASV Posi-Track and Unimog

Snowblowing in the Old Port of Montreal

Clearing Snow

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?:

Wrong-Site Surgery Staff Training Video Kit

Wrong-Site Surgery - A medical student's perspective.

Large Damage and Major/Serious Injury Cases:

Brain & Spinal Cord Injury - Overview

Spinal Cord Damage Testimony

Spinal Cord Injury

Deforming Civil Rights through Tort Reform:

Mr. Fancy Pants

FOX News Whistle blowers. UNBELIEVABLE!!!

Practice Tips:

The Law Offices of Christopher Keane - Foster Web 2

Law Marketing Firm | 6 Power Tips for Creating a Law Firm Marketing Plan: Part 1

Law Firm Marketing | 4 Myths that Keep Attorneys from Building a Referral Based Practice

Tort News:

FDA News - Recall of Sprint Fidelis Cardiac Leads

Heart device recall by Guidant and Medtronic

Medtronic Recalls Certain Defibrillators (April 2005)

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