Sioux City, IA asked in Workers' Compensation and Employment Law for Iowa

Q: I've been terminated from the postal service on September 19th, 2016 because of my injury on the job.

I was injuried on July 11th, 2016 while delivering mail. I lost my footing & went to catch myself with my right hand and it slipped and my right arm/hand went above my head and I landed on my chest at the same time. I felt my right shoulder pop and I heard it pop when I landed on it. I'm on workmans compensation for medical. I was on leave from July 11th-September 7th. I went back to work on September 7th with alot of restrictions. On September 12th, I went back to the doctor and I was on 4 restrictions: no pulling or pushing, don't lifting over 30lbs for 4 hours, and no lifting anything over my right shoulder. The post office worked me over my restrictions. On September 19th, I was given a choice to either resign or be terminated. What can I do? Please help.

1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
Answered
  • Workers' Compensation Lawyer
  • West Des Moines, IA
  • Licensed in Iowa

A: I see no Iowa lawyer has answered your question. That's not surprising since federal law makes it very difficult for lawyers to get paid except on an hourly fee basis. Contingent fees are not allowed and all fees have to be approved, which from a time-management standpoint makes this unfeasible. We are not in business to lose money and that's too bad because it dissuades lawyers from getting involved, which is why no on has answered your question. Lawyers will not spend the time to learn what the area of the law allows when they are not allowed to get paid. After all, we do have overhead. Lawyers actually do believe in a free-market enterprise, which contingent fees are and make complete sense from a time-management standpoint. I know no Iowa lawyers who practice federal workers' compensation. Now that is a shame, because injured workers like you need help. Call your Congressperson to complain, who knows, maybe, they are a Democrat who will actually listen to you and provide more than just lip-service. Like I said, I know no Iowa lawyers willing to practice in this area.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.