Case Study: Head Injury

We Will Help You Navigate the Workers' Compensation System

Following a work-related injury, you have only 90 days to report the injury to your employer. This is known as the statute of limitations. However, in some situations, the full scope of your injuries may not be known until after the 90 days have passed.

If you are in this position, your employer may try to deny you benefits based on the expiration of the statute of limitations. At the Iowa law firm of Lawyer, Dougherty, Palmer & Flansburg, P.L.C., we have successfully obtained awards for clients whose claims have been denied based on the expiration of the statute of limitations.

The following head injury case study demonstrates the importance of having a knowledgeable attorney on your side if the statute of limitations has expired in your case. To schedule a free consultation with one of our lawyers, call 888-416-6998.

Worker Obtains Award of 50 Percent Industrial Loss Following Head Injury

Tina Waterman was injured by an air hose which had come loose and struck her in the head. For several years after the incident, Tina did not believe she had suffered any sort of long-term injury. However, she started having headaches. By the time she was diagnosed with a permanent problem and her doctor informed her that the problems might be related to the air hose striking her in the head her statute of limitations had expired.

The employer, therefore defended the case based on the expiration of the statute of limitations. However, attorney John Dougherty argued that given the fact that Tina was unaware of the true extent of the injury from the air hose until being informed of the extent by the physician, the discovery rule was applicable and therefore her statute of limitations was saved by the discovery rule. Defendants continued to deny the claim and offered no money to settle. Nevertheless John Dougherty was successful at hearing and obtained an award for 50 percent industrial loss together with all medical bills and all future medical bills as required for the treatment of the condition.

Contact Our Des Moines Workers' Compensation Attorneys

Have you suffered a work-related injury? You have a right to collect workers' compensation. The attorneys of Lawyer, Dougherty, Palmer & Flansburg, P.L.C., are here to help you get the benefits you are entitled to receive. Contact us or call 888-416-6998 to schedule a free consultation.

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