Welding - On-The-Job Welding Injuries

Once again I’m asked a question I find an interesting one about worker’s compensation. In this instance it has to do with a worker from California that welded for a living, now is older and having medical problems. It’s a difficult question to ask because at this point in the man’s life I’m not sure any legal solution will be enough. Perhaps that is why this question needs to be considered; so that younger workers realize the dangers of breathing the fumes from your work as a welder. Question: Can working with welding rods cause strokes, brain damage or other work related medical conditions?

Question: Why do I need a doctor’s opinion, I know how I was hurt.

Answer: In Iowa every workers’ compensation case requires a medical opinion for causation, medical treatment, permanent impairment and restrictions. You know how you got hurt but you’re not qualified to express a medical opinion linking it up to the work environment or accident-mechanism of injury. Of course a single event causing injury, like falling down and breaking your leg is much easier to establish as a work injury than a repetitive injury type of case. In some cases the causing event is so obvious it goes unstated, but that doesn’t mean it’s not required. It’s injuries like carpal tunnel, cubital tunnel, lung injuries, brain damage, head injuries, spinal injuries involving ruptured discs all require a clearly and carefully worded medical opinion as to causation.

How to get paid when horseplay is a part of the history for a workers’ comp injury.

There is a news item out of the Business Insurance site discussing the “horseplay doctrine” in the context of a restaurant worker suffering a shoulder injury caused when he raised his arm for protection from ice being thrown by a co-employee. I actually disagree with the characterization that raising one’s arm can cause this injury. I suspect the waiter or server’s shoulder was injured from a wear and tear injury first caused by lifting heavy bus trays and the raising the arm simply put it over the edge of tearing completely or seriously. It should be noted the server did not win his case because of pre-existing shoulder conditions from previous shoulder dislocations.

What is the average settlement for a workers’ compensation case in Iowa?

This is a question I’m regularly requested to answer. It can’t be answered in fact the question indicates a clear misunderstanding of personal injury claims and the desire to avoid the process of law. Here is how I answered the question. An average settlement for a moderate work related injury is usually a moderate settlement. You can see I'm being intentionally vague. I don't know what you do for a living; how you were hurt and how serious the injury affected your ability to earn a living. That said allow me to use an example and demonstrate how the question is way too vague to answer. If you were a farmer and I asked how long it would take an average farmer with an average tractor to plow an average field the farmer would look at me and say, "Don't lose that day job."

Mill Workers Fall From Crane in Pella

Two men working from a crane on the feed mill last Friday fell from heights. The details are sketchy and only one news item was found. See Two men injured after fall at feed mill in Pella. In other news a South Dakota worker died on a job site in northwest Iowa. The Sioux County Sheriff’s office was noted to have reported the death of Andrew Lambert, 46 of McCook Lake, South Dakota after he became trapped in the auger of some drilling equipment. He died at the job site and worked for Certified Testing Services, Inc. of Sioux City. There is a Siouxland Certified Testing Services, Inc., a testing lab at 419 W 6th Street, Sioux City, Iowa 51103-4332 and phone 712-252-5132.

Playing lawyer - Not telling the doctor it's a work injury - Dah!

Frankly I don't care why you think it's important to not inform the doctor it's a work related injury, by holding back that piece of information you screw up your own case. Top five reasons why people don't tell the doctor: 1. Because then it might not be covered under the BCBS health insurance policy.

Denied Liver Transplant Authorization, Man Sues Insurer and Wins

Have you ever been denied authorization for surgery from your health insurance company? Well here is a story about a guy in California who was denied authorization for a liver trasplant, paid for it himself, then sued and won.