Legal Question in Workers Comp in Iowa

settlement

the workmens comp insurance contacted to settle my claim. I had a herniated disk and had surgery to correct that wc paid. Apparently the dr gave me a 10% loss of whole body rating and they are offering me $11,000 to settle. 500 wks @ 10%..disability payments were 190.00...I was in extreme pain for quite a while and I don't think this amount is fair. Please advise...thank you


Asked on 6/10/03, 9:20 am

2 Answers from Attorneys

James Harris Harris Kuhn Law Firm, LLP

Re: settlement

The 10% rating is an impairment rating of loss of physical fucntion. Your settlement should be based on your industrial disability. Industrial disability takes into account your impairment rating as one factor. Other factors include your age, education, qualifications, transferable skills, etc. Basically what needs to be done is to analyze how your injuries affect your ability to get, hold and do another job. Most of the time we employ a vocational rehabilitation consultant to provide expert opinions on this issue. The effect on your settlement can be very substantial. Hope that answers your question. If you need further explantion, please do not hesitate to call me at 402-397-1200.

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Answered on 6/10/03, 11:41 am
Stephen Lombardi Lombardi Law Firm

Re: settlement

THe insurance company is trying to settle your claim very cheap. You need an attorney. Don't hesitate to contact one who practices in this area. We handle over one hundred cases a year but lately we're getting more selective. You case would be such a case that we would take. Give us a call if you want. Talk to Talia first and then I'll call to finish the interview. Good luck.

Steve Lombardi

515/222/1110

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Answered on 6/11/03, 11:40 pm


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