Legal Question in Workers Comp in Iowa
Fell at work on an icy parking lot.
On December 28, 2007, I was walking into my place of employment. I slipped and fell on the snow/ice that had not been cleared from the parking lot. I did go to the emergencey room and had x-rays taken. I was told that I had a sprained knee. I am still have ing rpoblesm with this knee. I have since left that employer and have seen my personal doctor. He has told me that I will have to have surgery at some point. First, shoudl Workman's comp pay for this surgery? It will be hard for me to have any surgery because I have a new job now and no disability pay. In other words, I can'f afford to be off work. Should I expect some kind of payment from workmans comp for pain and suffering?
2 Answers from Attorneys
Re: Fell at work on an icy parking lot.
You present an interesting and perhaps a challenging problem that requires investigation before anyone can know whether this is covered under Iowa's workers' compensation law and/or premise liability law. If covered under work. comp. it's an easier claim to prove. If under premise liability your fault if any would be compared with the owners's duty to clear off snow and ice for customers and tenants.
So you do need to visit with an attorney and probably will require you to hire one. Most attorneys would take this case on a contingent fee basis and would advance the expenses. If covered under work. comp. you would receive weekly indemnity payments that take the place of short term disability insurance payments. That of course would solve your out-of-work-without-pay situation. But proving this up can be difficult if you don't have a medical opinion that relates your need for surgery to your fall. In other words don't get hurt doing anything else before then.
You need legal representation. I can do this or suggest someone. Call if you need to talk. I'm in trial right now so contact through my email through our law firm webisite may be better.
Hope this helps. Call with questions.
Re: Fell at work on an icy parking lot.
You present an interesting and perhaps a challenging problem that requires investigation before anyone can know whether this is covered under Iowa's workers' compensation law and/or premise liability law. If covered under work. comp. it's an easier claim to prove. If under premise liability your fault if any would be compared with the owners's duty to clear off snow and ice for customers and tenants.
So you do need to visit with an attorney and probably will require you to hire one. Most attorneys would take this case on a contingent fee basis and would advance the expenses. If covered under work. comp. you would receive weekly indemnity payments that take the place of short term disability insurance payments. That of course would solve your out-of-work-without-pay situation. But proving this up can be difficult if you don't have a medical opinion that relates your need for surgery to your fall. In other words don't get hurt doing anything else before then.
You need legal representation. I can do this or suggest someone. Call if you need to talk. I'm in trial right now so contact through my email through our law firm webisite may be better.
Hope this helps. Call with questions.
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