Legal Question in Workers Comp in Iowa

Re: Worksman Comp Claim

QUESTION:

I am an Over the road truck driver for a local company in Iowa. I injured myself while covering a load with a tarp causeing a tear to a tendon in my arm. The company did send me to a doctor and I did receive an MRI. Then I was sent to Therapy for 6 weeks, three times a week. At this time I was still able to work but because of having to go to therapy three times a week, I was sent on much shorter runs (less miles) with restriction as to what I could do because of the sorness from the injury Does the company owe me anything for the difference I would have been making had I been able to go on longer runs like I was normaly able to do? Should they have not settled up with me after the Physical Therapy? All I was asking for is the difference of what I would normaly had made had I not been injured. Thanks for your time.

ANSWER:

I would be happy to give you some advice but could you just clarify why you mentioned that this was an Iowa/Illinois case.

Illinois would be the proper jurisdiction if you were hired in Illinois, the accident happened in Illinois, you contract specified Iowa, etc.

Please let me know because my office represents truck drivers all over Illinois; but for an Iowa case, you would most likely need an Iowa lawyer.

Thanks,

Matt Belcher

Re: Worksman Comp Claim

Under Illinois Worker's Comp Law, you may be entitled to what is called a "wage differential" - the difference between what you were making before the accident and what you made when you were in PT. It is based on a mathematical calculation, and it would depend on how much you were making.

In addition, it sounds like your employer or the insurance company has not informed you that you are likely entitled to an additional amount for what is called "permanency". This is an amount for the injury itself.

If you would like, you can contact my office and I would be happy to discuss your situation in detail, at no cost to you.

Re: Worksman Comp Claim

Dear Sir: Your claim may be one in either Iowa or Illinois and if Iowa I would be happy to help you with it. The state in which you were injured may or may not be the deciding factor as to where the claim should be filed. Iowa normally has better benefits for injured workers. A shoulder is a non-scheduled injury and that has higher benefits than just an arm, which is a scheduled benefit injury. As you can tell this is somewhat complex in how the injury should be compensated. You need a lawyer. In my experience people without a lawyer's assistance are taken advantage of by the insurance industry and they end up with less money than if they paid a lawyer. You can phone my office to schedule an appointment. I blog about workers' compensation on a regular basis, so if you google my name you will locate blogs to read on this subject. If I don't hear from you good luck! Steve Lombardi