WHO CAN I TRUST IN AN IOWA WORKERS’ COMPENSATION CASE?
You have always been a good worker, but through no fault of your own, were injured at work. You received a letter from the Iowa Industrial Commissioner and perhaps the workers comp insurance company’s case manager. Then you began receiving workers’ compensation benefits, the doctor released you to return to work after surgery and then the case just ended. And you thought, now what?
Two options here. One, you went back to work, or two, you didn’t go back to work. It is a binary outcome.
The Lombardi Law Firm practices personal injury law and we represent nurses across the State of Iowa. If we can lend a hand to protect your rights, please give us a call in West Des Moines, Iowa.
I DIDN’T GO BACK TO WORK FOLLOWING SURGERY
Okay, the first question is why? Why didn’t you go back to work? Did the surgeon put restrictions on you and tell you to find different work? Or, did the employer not take you back or offer you a job? Or was it you who decided to find another job?
Not going back to work is a matter of either the doctor would not release you to return to your old job. Or, you just decided you didn’t want to return to the old job. Or, the employer gave you the axe.
You should never not to just not go back. That is the way the Iowa Republican-controlled legislature set up the law. The idea was to create as many roadblocks and speedbumps as is humanly possible. The purpose is to give the Industrial Commission more ways to deny you benefits than you can count. So, go back and at least try to do the work. If you don’t at least try, you are making it almost impossible to get additional benefits for permanency. That is what the employer and their high-priced spies, also known as the nurse case managers, want you to do. Those high-priced spies get paid to figure out how to deny your benefits. They don’t get bonuses when you stay employed. And that is because they want you gone.
I WENT BACK TO WORK AFTER SURGERY, CAN I REALLY TRUST THE COMPANY SURGEON?
No, not really. You can’t trust any doctor who does not view you as the customer. I’ll save that for another day.
Okay, let’s look at the other option, you went back to work. Here are more road bumps.
What job are you doing? What hours are you working? What pay are you receiving? Same job? Same hours? Same benefits? Same pay rate? All that makes a difference about whether or not you are going to receive additional benefits for permanent impairment or even industrial disability.
Chances are the company doctor, aka Iowa Ortho, did the surgery, then a miracle happened and the surgeon made you better than before you were injured! And then a second miracle takes place, the surgeon released you back to work with no restrictions!
And then you heard angels signing! Not really.
ARE THEY TRYING TO GET RID OF ME?
Yeah, kind of. They would love for you to make it easy for them, which is why in your head you are asking this question.
“Why does it feel like everyone is watching me? It’s making me self-conscious and I am making mistakes that I never made before.”
YOUR SUPERVISOR IS NOT YOUR FRIEND AND NEITHER IS THE COMPANY DOCTOR OR THE NCM
It’s because they want to get rid of you and the best way to not have to pay you additional workers’ compensation benefits is to create a non-injury-related reason as to why you were fired. Or better yet, to get you to quit. Quit and they win. Show up ever day, on time, doing what you were hired to do and sooner or later they will either pay you more in benefits to get you to leave or else they will fire you for no damn good reason and you win.
In the meantime, find yourself a good lawyer who practices in the area of Iowa Workers’ Compensation under Chapter 85 and Chapter 86. Here is a brochure the Commission puts out.
The Lombardi Law Firm follows the motor vehicle accidents all across Iowa. We have represented over a thousand accident victims in almost every county in Iowa. If you have a question about your personal injury accident, call Steve at 515-222-1110 or email him at sdlombardi@aol.com. Contact form
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