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
  • 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.

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