Legal Question in Workers Comp in Iowa

Settlement

I was injured on the job, in Iowa, which is not disputed. I currently live in Minnesota. I ruptured my Achilles' tendon. I had surgery to repair it. Was returned to work too early and suffered a partial re-tear of the initial injury. Now have severe atrophy (3 cm) along with a prominent limp which is permanenet, permanent work restrictions and an impairment rating of 15% whole person. (The doctor assessed my gait: I have weakened push off and therefore, I tend to walk with my knee in more extension) as stated in my final evaluation letter from my orthopedic doctor. I am experiencing some lower back pain due to my limp and gait problems. The insurance company confirmed they received my fianal evaluation letter along with my impairment rating in mid December 2003. To date, I have heard nothing from the insurance company. Aren't I supposed to begin receiving weekly payments based on my percentage of impairment and what my TTD payments were? Is there a certain time frame that this needs to be done in in order to protect my rights? I would like to begin receiving the weekly benefit checks that I am entitled to! I do not have an attorney, as of yet. Please advise.


Asked on 2/02/04, 10:17 am

2 Answers from Attorneys
Peter Soble Peter M. Soble, P.C., Attorney

Re: Settlement

You have an excellent case, not just for the leg injury, but for a 'whole man' injury if you noted your low back pain with the doctor. Under Iowa law, you must commence a case within 2 years of date of injury, or 3 years of date of last payments of weekly benefits, whichever is later. The only way to enforce your rights (and you may be entitled to 50% more money by way of penalties to boot) is to commence an action immediately. Please phone me; we can interview by phone and do this with forms signed by mail. I do these on a contingent fee, so that if you do not make money from my efforts, I make none. Please phone me: Peter Soble, (309) 794- 1468. I look forward to hearing from you.

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Answered on 2/02/04, 4:21 pm
J. Chris Carpenter Harvey and Carpenter

Re: Settlement

I do not handle Iowa law. If you reinjured the injury or if the injury caused the back injury and you are working at a Minnesota employer, I would be able to help.

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Answered on 2/02/04, 5:10 pm


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