Lawyer, Lawyer, Dutton & Drake, L.L.P.Representing Only The Injured!
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October 2011 Archives


Don't forget about shift differential... We were recently working on a case for a client and the question came up as to whether or not they could claim a $2.75 shift differential for working at night. This is the pay you get for working odd hours, or late at night. The reason this is important is that shift differential pay increases the hourly rate of compensation for the worker. That hourly rate is critical to determining how much weekly workers compensation pay you receive. For many years a worker could not claim a shift differential increase in pay as part of their hourly pay. It was viewed more as a bonus, and even though it was earned for every hour worked, the system did not allow those dollars to be included in the calculation. This was changed a few years ago and now shift differential is an important part of making sure you are paid the correct amount. Determining the correct weekly rate of compensation for Iowa Workers' Compensation is a very important step in determining the value of your case. If there are mistakes in the hourly rate of pay, those mistakes will amplify the problem with the value of the case. This is why we work so carefully to make sure we understand how you were paid and how that pay affects your weekly rate of compensation.


Balancing medical care with the need to work... As we watch the "Occupy Wall Street" protest movement grows throughout the United States we see the faces of concerned citizens who protest for many reasons. One important issue that many people share in common is... Jobs.  Our country faces tremendous challenges as we transition away from the fossil fuel economy and move towards an alternative energy world. The fundamental question of needing to work, filters all the way down to the Iowa Work Comp level as well.  In our cases, clients struggle with the need to successfully rehabilitate injuries versus the need to put food on the table for their family.  Many clients are faced with hard choices such as:  do I continue to let the doctor keep me off work while I rehabilitate my injury or do I cut short my medical treatment in an effort to get a clean release so that I can go back to my old job or find new work? Wow!  This is a tough problem and one that should be carefully considered before making a definitive step either way.  Some clients cut short their needed medical care hoping that they will find a job.  But, when they terminate their medical care they find that jobs aren't there.  And once the insurance company stopped paying for injury-related medical care, it will almost never starts again.  These problems need to be carefully considered and fully discussed with your attorney.

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Lawyer, Lawyer, Dutton & Drake, L.L.P.

Lawyer, Lawyer, Dutton & Drake, L.L.P.
1415 Grand Ave.
West Des Moines, IA 50265

Phone: 515-421-8825
Fax: 515-223-4121
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