Iowa Worker's Compensation - Help For Injured Iowa Workers

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  1. #1
    Join Date
    Jul 2007
    Posts
    6

    Default My Attorney Wont Settle, Now What?

    They offererd to close my future medical and offer me like 40,000 but minus 30 some percent for attorney. He said no way. We just went through the hearing now what? I guess our case is really good. He said I will recieve weekly checks for a number of years and his 30 some percent will be taken out of each weekly checks. I am hurting money wise and I don't want to settle as I do have two different diabilities that will need furture medical but what is going on I am totaly lost. Is he doing the right thing and will I ever get a settlement? I cant even do any kind of labor work ever again. I need to go to school to learn something else like a desk job. I am not understanding what is going on? help me please.
    Wondering In Iowa

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: My Attorney Wont Settle, Now What?

    periodic impairment payments and open medical is a settlement- just not all at once.
    if you don't trust your atty you can switch at any time.

  3. #3
    Join Date
    Jul 2007
    Posts
    6

    Default Re: My Attorney Wont Settle, Now What?

    Do you feel this is a smart choice on the part of my attorney? Thank you for your response.
    Wondering In Iowa

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: My Attorney Wont Settle, Now What?

    I am hurting money wise and I don't want to settle as I do have two different diabilities that will need furture medical ...

    ...will I ever get a settlement?
    It's not real clear what you're looking for here... you say the attorney ''won't settle'', but then ''I don't want to settle'..."

    You can't force the ER/IC to offer or accept a C&R/lump sum settlement to your claim.
    The have the option of paying the PD indemnity over time as SH said...you continue to receive the medical benefits as ''medically necessary'', and 'reasonable' for your injury/illness...

    IF you were to lump sum/cash out this claim...you would be releasing the ER/IC from ALL liability for this injury.
    That would mean all additional treatment would come out of your pocket..no other IC, nor Medicare would pay for treatment...and you could be expected to prove all of the settlement money were exhausted on treatment before Medicare would beging to provide benefits when you do become eligible...

    I need to go to school to learn something else like a desk job. I am not understanding what is going on?
    Here is some information on VR benefits in IA...http://www.legis.state.ia.us/IACODE/...ENT/85/70.html

    And here is the IA WC statutes...read through these provisions and you should get a pretty good idea of what WC has to offer and how the laws govern the provision of benefits...http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/85/

    Appears your AA is looking out for your best interests here... knowing you will never receive enough money to cover your future medical needs...

  5. #5
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: My Attorney Wont Settle, Now What?

    only someone who knows the details of your case better would be in a position to comment on your attys strategy.
    It comes down to trust. Your atty's best interest is not always yours. lawyering is a business and the fee is based on the size of the settlement. If you and your atty disagree on how to proceed with your claim you should find another, even if they pursue the same strategy.

    In the alternative you should discuss your unease with the atty. write down your questions beforehand and don't be put off; tell them why you feel that way. If they can't convince you that it's on the right course now;after it's finished you'll really be second guessing yourself.

  6. #6
    Join Date
    Jul 2007
    Posts
    6

    Default Re: My Attorney Wont Settle, Now What?

    Thanks for the great responses. I understand now after reading. I can't believe all the stuff I have had to learn when it comes to workmans comp. I will talk to my attorney and discuss my feelings with him. Thank you all again! all of the responses did help me.
    Wondering In Iowa

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