My Dad tore his Bicep muscle on work. He got an operation, but he still can't lift anything heavy with his arm.

Asked about 1 year ago - Des Moines, IA

My Dad works for a foundry and hurt his bicep muscle on work. He had an operation for that, but his arm is still sore and he can't lift anything heavy with his right arm anymore. At foundry my dad lifts up heavy stuff all the time, but now he is scared that he wont be able to go back to his normal work routine and his employer is going to fire him eventually. My dad is 54 and he still got 16 more years to retire.

My dad's employer is just offering him some $20,000 for settlement. but I am afraid that's not enough for him if he can't use his arm ever and he gets fired from the job

Can My Dad file a lawsuit against his employer

Attorney answers (3)

  1. Christopher Coppola

    Contributor Level 12

    4

    Lawyers agree

    Answered . Your dad has many rights under Iowa was Worker's Compensation laws. My extensive experience in Worker's Compensation and Iowa indicates that the settlement offer seems very low. There are several things about work comp benefits that the employer and insurance carrier failed to inform employees that are injured.

    I would act by hiring a work comp attorney sooner rather than later. It is almost always worth the investment.

  2. Peter Leehey

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . It will make a big difference whether this is considered an injury "only" to your dad's arm, or if it affects his body as a whole. If it is properly categorized as an arm injury, the compensation available will be far less than if it is treated as a body as a whole injury.

    Insurance adjusters handle workers' compensation cases all day long, every day. They have an enormous informational advantage over nearly every worker. The best way to level the playing field and make sure your dad receives fair compensation is to have your dad hire an experienced workers' compensation lawyer.

  3. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . He cannot sue his employer. He definitely has a Workers' Compensation claim and it would be foolish to settle without consulting an attorney. In most states, an attorney cannot charge a fee on any amount offered, in writing, before the attorney is hired. It is also something that your dad can negotiate. He may need more medical care or he may be entitled to a wage differential. These and other options MUST be discussed BEFORE your dad can make any decision.

    Your dad can find an attorney though the "Find a Lawyer" tab at the top of this page . However you do it help your dad find an attorney ASAP. Good luck.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more

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