BACK TO THE BASICS, THE INSURANCE RECORDED STATEMENT
QUESTION, Asked by a Potential Client: I was injured in June of this year. I was asked by the supervisor if this was a previous injury. I responded no. I went back to work on the line, shortly thereafter, but I was sent home by the company doctor. I was laid up in bed (a nerve in the lower lumbar area of my spine). I went to the Human Resources and told them what happened. I saw an independent doctor on the 26th of June. I was put on modified duty, but my job never called so I guess I am temporary disabled. For the month of July, there was pain from just standing up, even sitting and lying down. The worker's compensation case manager sent me letters. I did not receive a call until the end of July. This adjuster calls and only then takes a recorded statement. He then (concluded) that I sought medical attention before I went to HR (medical release proved that) and then said that I told them it was previous injury. I was then told to see the company doctor. I was given an MRI (L4/L5) and the doc saw two herniated disk. I’m not being paid workers compensation even though I believe it’s owed to me. I have no money, no mileage check, nothing. My back had never previously been injured and now I have pain running down my right leg. Why are they not paying and what can I do to get benefits started?
NOT TOO LATE, NOT YET ANYWAY
ANSWER: It appears to me that you have a serious medical condition and without question, you need legal representation. The conflict in the medical history needs to be correced. The longer the inaccurate history is allowed to remain incorrect, the harder it will be to convince the right people that it is a mistake. If you don't get it straightened out, it's going to lead to a whole lot of trouble down the road and could cause no insurance company to cover your medical expense. Work comp will deny the claim and your health insurer will deny coverage, claiming you say the injury was work related.
"If you believe this legal system is about fairness, then consider the following. I’ve never seen a case where the adjuster refused to settle because the worker wasn’t asking for enough, or had not asked for everything they were entitled to under the law. It is a for-profit system where only the bottom line matters to the insurance company and its employed adjusters. Your claim is the anti-thesis of an increased profit." Attorney Steve Lombardi, a lawyer who has listened to it all for over 36 years.
Before long you are between a rock and a hard place, with no where to go. So get help, get it now, before it is too late.
And so the short answer is to see a lawyer and if we can help you give us a call. 515-222-1110.
Many injured workers have been led to believe that workers compensation insurance is a level playing field and that all workers will be treated fairly. The adjuster and nurse case manger are not your friends, no matter how friendly they may be.
You think, "They care about me. They know I am different than the rest." Nothing could be further from the truth. If they told you the truth about how you are viewed, you would be shocked.
HERE ARE THE FACTS ABOUT IOWA WORKERS' COMPENSATION LAW
- Workers without legal advice run the risk of being led astray to deny their claim.
- There is no level playing field in workers’ compensation.
- The case managers are hired to mismanage the case.
- Frivolous claims are any claim they don’t want to pay.
- Injured workers are regularly cheated by the process.
- I’ve never seen a case where the adjuster refused to settle because the worker wasn’t asking for enough, or had not asked for everything they were entitled to under the law.
- Claims are regularly denied for no legitimate reason.
- Medical care is controlled by the company not the injure worker.
- Injured workers have to live with the consequences of medical decisions.
- Medical care is regularly denied by untrained and uneducated adjusters.
- Anyone with a brief training program can be a workers’ compensation adjuster.
- Insurance adjusters don’t have to give you a reason for denying medical treatment.
- It’s your body and your life, yet they control the decision that can destroy it.
- You don’t get to decide what medical treatment you will receive.