Legal Question in Workers Comp in Iowa
Insurance Company many excues to delay payment
My husband was hurt at work. There is no dispute into this matter. He was taken off the job 12/17/2001. Since this time he has not received any workers compensation payments. We have called the company several times and have been given different reasons each time. First it was that it was not mailed. Then it was that they fired several employees and his claim was still not assigned to a new representative. Then it was that it was mailed on 1/9/2001. On 1/14/2001, when payment was not recieved we called. We were then told that a stop payment would be made on that check and we are now having to wait 11 days until a new check can be prepared. We were however told that we could recieve week on 1/14/2001, and week of 1/20/2001 as an advance, but would not receive benefits for week of 1/20/2001. Well we had to do something since it is our only income and obvilusly have bills to pay. This has happened in the past when my husband was off for same injury. Causing us great finacial harm, with late payments and we still are unable to make our house payment not to mention the phone calls. Is there anything that we can do. To date his owed amount is over 2000.00.
1 Answer from Attorneys
Re: Insurance Company many excues to delay payment
Hi,
I've been practicing in the area of workers' compensation law for over twenty years and your story is not new, sad to say. There is a provision of the law allowing for penalty benefits of up to 50% of the benefits unreasonably withheld or delayed. You need an attorney to assist you before the matter gets much worse. My fee agreement calls for 1/3 contingent fee for disputed benefits and permanency benefits are considered to always be in dispute. In your case the attorney fees would be 1/3 of the amount of the back benefits and then 1/3 of those benefits for permanency.
Is the company paying for the medical expenses? They should be. You need to contact a lawyer immedicately. Insurance companies make money on the delay in payment.
Steve Lombardi
515-222-1110
1-800-383-0331
3737 Woodland Ave., Suite 130
West Des Moines, IA 50265
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