Question: Will worker's compensation give me what I will deserve for this injury or will I need an attorney to be treated right as an employee?
Question Detail: I am working for a company for seven years. I was hurt in September 2013 on the job with a torn rotator cuff. I was out of work for maybe six weeks. I couldn't afford to have surgery then because worker's compensation pay won't pay all my bills and I would lose everything I've worked hard for. I went back to work and suffered through more pain until I now can't take pain and will be going under the knife to correct the problem. I understand it is not easy to recover back to a 100%.
Answer: I will start with your premise of “getting what you deserve”, which in personal injury and workers’ compensation cases is a misnomer. No one gets what they deserve, but every gets exactly what they prove. The burden is upon the injured person to prove (legally) what the law will allow and seldom does someone get what they think they deserve. I would strongly suggest you change your thinking and dispel of the notion that somehow you are going to receive what you think you deserve; that is an incorrect way of thinking about personal injury cases in Iowa. Now let us discuss the insurance industry in Iowa and across the country.
An insurance company will never treat you as if you are a valuable asset to the company they insure, because frankly you are a liability to the insurance company and to their client (the insured) because when you filed a claim chances are their premiums will adjust to accommodate an increased risk. Insurance companies are driven by their bottom lines, not how well they treat injured people. To them you are an expense that lowers their bottom line. Insurance companies are corporations and they have no heart, no conscience or soul and dislike (hate) anything that takes away from increasing the profits. So what you might think about how they will treat you is without merit in a personal injury claim. As for going it alone, good luck with that one. Because without a lawyer you cannot force them to do anything; so being treated fairly is nothing more than a fairy tale. Again, good luck with that one. My Advice: Go hire a lawyer.