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Iowa Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Iowa on
Q: A previous employer still hasn't paid me, it's been 6 months. What can I do? I was told to seek a worker's comp lawyer.

I started working for a person as a dispatcher. It's been 6 months and she is now saying I was an "independent contractor" which was never discussed. She has yet to pay me what is still owed. She also has done this to another lady as well stating that the other lady is an "independent contractor".... Read more »

Erik Luthens
Erik Luthens answered on Nov 7, 2019

If you were working in Iowa or for an Iowa based company, you should immediately contact an Iowa attorney who handles workers’ compensation and employment law matters.

2 Answers | Asked in Workers' Compensation for Iowa on
Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?

I have been driving him everywhere but have to be out of town all weekend for work.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Mar 26, 2019

The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.

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1 Answer | Asked in Workers' Compensation for Iowa on
Q: I injured my elbow and shoulder at work as a drywall finisher ,they denied it simply because I was off on the exact date

I do have a lawyer and it was filed before july 2017 ,and had surgery on both elbow and shoulder ,with a very good chance I won't be able to continue drywalling im worried for me and my daughter ,,about what the chances of me not only losing case ,,but my job as well I'm 43 and don't know... Read more »

Erik Luthens
Erik Luthens answered on Sep 18, 2018

Since you already have an attorney, I suggest that you schedule a mutually convenient appointment with him / her (rather than randomly calling on the phone) to fully discuss all of the concerns you have with your claim. This will allow both you and your attorney to be prepared to have a meaningful... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: My husband had a workers comp lawsuit. It was settled out of court. Would there be a case number.
Erik Luthens
Erik Luthens answered on May 22, 2018

Yes. Contact: Iowa Workforce Development (Division of Worker's Compensation), 1000 E. Grand Avenue, Des Moines, IA 50319. Tel: (515) 725-4120

2 Answers | Asked in Workers' Compensation for Iowa on
Q: I broke my ankle at work..hit by a fork lift. The company okd my surgery..but now my claim is denied..how and why?

Im a new hire have been on the job approximately 6weeks. How can they ok the surgery then deny the claim?

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Apr 28, 2018

There are many ways or reasons why an employer's workers' compensation insurer can or will deny a claim. This forum is no place to discuss the issues, as you have no attorney-client privilege here. Call our office on Monday and we can discuss if you have a claim we would accept.

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2 Answers | Asked in Workers' Compensation, Constitutional Law and Federal Crimes for Iowa on
Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Apr 14, 2018

A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).

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1 Answer | Asked in Workers' Compensation for Iowa on
Q: injured my knee at work, fell down on ice taking trash to dumpster

I now have a Dr. that put me on light duty, I work in a body shop, Dr said light duty should be something that I could do sitting in a chair, Dr doesn't want me to stress my knee any more and if there is nothing that I can do then Dr said I need to go home and not to injure it more than it is,... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Mar 10, 2018

If you don’t follow your doctor’s advice the insurance company will argue your problems are from your own doings and therefore any disability is not something they should have to pay for. Meanwhile the employer is looking for a reason to fire you. This is what Iowa’s Republican controlled... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Workers comp. denied surgery, what are my options now?

I was injuried a year ago. Have done everything they have asked. Been to every appt. they even sent me for a 2nd opinion. Which he states was due to my job. They are still denying surgery.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Feb 6, 2018

No big surprise with them denying surgery. They are in control and control is what you want, but won't likely ever get unless you can produce another medical opinion that says you need surgery and that opinion is considered to be reasonable. It is obvious to me you need help and that means first... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Iowa on
Q: Injuried my knee at work and been having pain for the past two months. Filled out work comp forms on Oct 12 and release

medical form. I still have not received medical care approval. Is this a reasonable time to wait?

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Dec 17, 2017

No. It is not a reasonable time to wait. Changes were made to the workers' compensation laws effective on July 1st, 2017 and it will get harder and harder for injured workers to hire lawyers. Your claim is essentially been denied so you should not have a problem finding a lawyer. You need to turn... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
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... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Nov 21, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Can I have my nurse case manager replaced?

She has decided what doctor I will see, cancels my appointments to fit her schedule, and makes appointments without my knowledge. Has went so far as to give these doctors my personal information. What has happened to my rights as a human? Should I not be allowed to decide what doctor I will see and... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Nov 21, 2017

You can ask that she be replaced, but it is not likely to be done. She works for the insurance company, not you. She is paid by the insurance company. Her job is to get the doctors to pay you as little as possible. And, while she may be at times friendly, she is not your friend. The Iowa Republican... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: In Iowa can a lawyer take part of my weekly checks like 2 for me 1 for lawyer and so on
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 6, 2017

Yes. It sounds like you have a contingent fee agreement. One-third goes to the attorney. Unless you agreed to pay him/her by the hour. Did you?

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Iowa on
Q: Minor injured at work

My brother, a minor, was injured at work and had to receive stitches. No problem there, but the employers didn't inform any of his family and released him into the care of another minor (unrelated) rather than attempting to call us or EMS. Were they allowed to release a minor into the care of... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Oct 4, 2017

Hmmmm.... Interesting question. I would love to know in which industry he was working. Probably a restaurant. No matter. The kid has a workers' compensation claim; I think you know this. But your question goes to notice to the family and if there is a duty to the family, which was breached, and... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Can the employers insurance company end my permanent partial/ unscheduled injury payments without any indication

we have not gone before a commissioner on my case

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Apr 27, 2017

Did you receive the Auxier Letter advising thirty days before the termination your benefits would end? Did you return to work? Did the doctor indicate you've reached MMI? Were you released to return to work? Need more information, otherwise everyone is just guessing.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have a injury not work related and have restrictions, my employer wont honor them.Do they have to honor

Are they liable if something happens.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Nov 5, 2016

Well, we see this quite often and sometimes they do and sometimes they don't. It all depends on whether there are different opinions. Many times an injured worker has an injury to two different parts of their body with a different physician treating each. Those physicians can have opinions at... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: If I was hurt on the job but then changed jobs, can I still get workers' comp for my injury?
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Nov 5, 2016

I would say the answer to your question is "Yes". You may have to hire a lawyer but most will take your case based on a fee being paid contingent upon getting the benefits. Of course you should put the employer on notice of the injury, by telling them, preferably in writing, immediately. The law... Read more »

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