Legal Question in Employment Law in Iowa

Re: sister sustained head injury during employment evident brain damage

From the heading of this question, it appears that your sister was injured while working. It also appears that the injury in question was a serious one, involving brain damage.

In Iowa, workplace injuries are covered by the workers' compensation laws. An attorney can assist you in making a claim with the employer for workers' compensation, and evaluating the client's medical records and condition in order to determine an adequate and appropriate money figure for compensation for permanent injury.

If, as your sister's case seems to indicate, the client has suffered permanent brain damage and a loss of work abilities, there would be substantial loss of earning potential as well as what is called 'industrial disability' or a measure of the worker's future access to jobs or working. You should seek an attorney's advice in cases where there is a serious injury and where industrial disability is to be measured in order that the injured worker's rights are protected.

My office handles numerous workers' compensation cases under the laws of the State of Iowa. I am a contributing author to the Iowa Trial Lawyers' Association's Workers' Compensation Manual, published for other attorneys to learn how to handle workers' compensation cases. I would be happy to discuss your sister's case further with you, and give you some recommendations regarding her rights under Iowa law. Please feel free to give my office a call at (515) 633-9210 or (888) 700-9941.

Joel E. Fenton, Attorney at Law