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Workers' Compensation

5/16/2009
Steve Lombardi
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How long does it take to settle a workers’ compensation case?

It takes as long as it takes. It should take long enough to do it right. Okay, so what is it in months? Well, probably about 18 months on average; or a little longer. Why, you ask?

Well because the hold up is your medical condition and the treatment it takes to get you to a point of maximum medical improvement. It’s all about doctor’s opinions. The sooner the doctor lets you go back to work or finish up with your treatment the lawyers can do the rest of their work to settle or try your care. 

Think of doctor opinions like you do gasoline in a car’s fuel tank. If there is no gas in the tank, then the car won’t start up. Same goes for the workers’ compensation benefits engine. If you don’t have a doctor’s opinion the work comp benefits engine won’t start. So doctor opinions are the fuel of the workers’ compensation benefits engine. Simply stated your work injury must be related to your work.

Now what kind of gas do you need? You need a positive doctor opinion that relates your injury and need for treatment to what you do at work.

Then you’ll need a medical opinion that says because of that injury or the need for medical treatment you need to be off of work. That’s a doctor’s work excuse.

And then you’ll need a doctor’s opinion saying you can go back to work. That’s a work release.

After you go back to work and you’re finished with treatment the doctor will decide if he thinks you have permanent impairment or activity restrictions.

All this takes time and has to be done in sequence. Nothing can be rushed or done sloppy.

So be patient; don’t worry it will get done, but in time.

Call us if you have questions. 1-515-222-1110 We even take email. sdlombardi@aol.com





After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer.  Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois.  Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney




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What can I do if I was hurt at work and my employer has not helped me yet? I got hurt at work over a month ago and I am in need to get a MRI and the company keeps putting it off. They did not turn it in to workman's compensation and I need to see what's wrong. I am having a lot of pain. What can I do?

What can I do if worker's compensation won't communicate with my attorney? I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job won’t let my come back unless I am free from restrictions and free from doctors’ care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost. and yes i do have a lawyer but it seems as if he can’t do anything either. workers comp wont communicate with him or email back they won’t correct my amount or back pay me so I'm like what do I have a lawyer for again?

Can I sue my employer if I was injured at work after several months?  I got hurt while working at a company. They treated me for tendinitis and kept me working under lifting restrictions. Seven months later they found an almost 2 inch tear in my rotater cuff. I had surgery then physical therapy for 5 months. After about 3 months of progress at PT I started having severe pain. I returned to the doctor and was put on an anti-inflammatory. I am still currently taking them. A few months prior to having or even knowing about the surgery, I had plans to move closer to family. I had asked my job if my injury would affect my transfer, I was told 'no not at all' they even helped me put in the transfer request. I recently made the move from Pennsylvania to Nebraska. I am now being told that I am non-transferable. I have been with this company for over 3 years, had an excellent annual evaluation, and did everything they asked up until the move. Due to the continuous inflammation and pain, I'm unable to do previous jobs or personal tasks. Do I have a case? Could I sue for continued medical care or a settlement?

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