Ask a lawyer: Iowa Workers’ Compensation Claims

So you got hurt at work, did a little research on the Internet, talked to your buddy or BFF that had a claim and now you think you want to play lawyer.

The first question you have to ask yourself is would you do surgery on yourself just to save money? Probably not; at least I hope that is what your answer would be. Non lawyers think they are smart enough to handle their own case, that's true even though they've never done it. Would you rock climb without knowing how to use a harness, pitons and to belay? I think not. I hope not.

Well why not? Why not handle your own workers' compensation case?

Well, can you answer these questions?

• How do you calculate the correct weekly compensation rate?
• What is the healing period? How long is it and when does it begin and end?
• What's industrial disability and what's involved in determining the correct amount?
• Does the injured worker have to go to the doctor selected by the insurance company? You do.
• What's the penalty if you don't cooperate with medical directives?
• If you get cut off how do you turn the benefits spigot back on?
• Do you have to just accept what the insurance company offers?
• If not then how do you go about disputing it?
• And what about those case mis-managers they send along to hold your hand during medical visits?
• Can you trust the high priced spy they send along to interfere with the medical decisions? Oops sorry did I say that?
• What don't' I know that can screw up my chances of getting benefits?

All of this reminds me of a family I know that handled their own small claim car accident property damage case. "We don't need a lawyer." That's what my friend said to me after he presented his son's case, lost the case and ended up with a judgment against his son. Then he asked, "Well, can you straighten this out?" I said no because it was too late. Sam Clemens said, "A lawyer representing himself has a fool for a client." The same goes for non lawyers playing do-it-yourself-lawyers.