I can’t begin to explain how sick I am of workers’ compensation insurance companies that jack people around. I just talked to a gentleman this morning who has been trying to handle his claim on his own. It came time for his second medical opinion, which by law, the insurance company must “reimburse” him for. Yes, technically, the insurance company can force this man to pay for the second opinion, and then reimburse him the cost. That is exactly what this insurance company is insisting on. How foolish is that?

It’s foolish, because this man may have never contacted me or any other lawyer if the company would just pay for the second opinion directly. Now, I’m involved (I’ll front the damn money), and this insurance company is going to pay the fair value of the claim when it’s all said and done, instead of paying pennies on the dollar like they thought they could do with this guy. The whole scheme tumbled down because the insurance company refused to pay for the second opinion outright, but instead insisted on reimbursing the worker.

Another scenario I was presented with this morning: Injured worker gets approval to go to the doctor after her work injury. The insurance company then refuses to pay the $37.00 radiology bill that was a part of the appointment. All this lady wanted was to get her medical bills paid. If the insurance company had paid the $37.00 bill, this lady probably never contacts me. I am quite confident that this insurance company will now pay that medical bill, plus several thousand dollars in weekly benefits that they otherwise would have cheated this poor woman out of.

If workers’ compensation companies would quit playing games with people, if they would treat injured workers’ with some small degree of respect, I wouldn’t get nearly as many calls. I guess I should thank these insurance companies for keeping me jacked up over the stupid things they do to injured workers. The biggest abusers of the workers’ compensation system, far and away, are the insurance companies. I’m honored to take these out-of-control insurance companies on in the name of good, hard-working Iowans.

I’ve been meaning to write this post for almost five months now. I previously devoted a portion of a post to helmet use. As an ABATE member, I believe in the right of every biker to choose whether to wear a helmet. I just so happen to be a biker that chooses to wear a helmet, and I’m damn glad I had my lid on April 25.

You see, I was riding in town, probably a little too fast. It had been raining, and the sand debris from winter had not been completely cleaned up yet. I’m not sure what happened, but something caused my back tire to slide. I tried to correct the slide, but I was in a curve and couldn’t recover in time to avoid going over the curbed center island. The last thing I remember is going over the curb directly at a street sign on an iron post thinking ‘oh sh*t!’

When I came to I was strapped to a straight board about to be placed in an ambulance. My brains were scrambled, but my skull was intact. In an earlier post I touted my Head Trip helmet, and referred to the testimonials on that site. Well I tell you what, that helmet either saved my life, or at a minimum, saved me from a serious head injury. The helmet had a crush mark three inches in diameter at the point that otherwise would have been the back of my skull. The hard inner shell of the helmet was cracked from the base of the helmet all the way up to the top of my head. Without that helmet, I’m pretty sure I’m dead.

So … while I don’t want the government telling me I have to wear a helmet, I’m thankful I had mine on that day. I’ve been wearing my helmet every time I ride since before I last posted on this subject, and I can assure you I will never ride without it again. Oh yeah, I bought myself another Head Trip helmet. If you ride, I hope you’ll think about wearing a helmet. My wife and children are glad I did.

I’ve found myself devoting much of my work time to filing literally every claim I am currently handling. This is not a good development.

Years ago, I was able to resolve many claims promptly and reasonably with insurance adjusters. It was prudent practice to wait on filing cases until the case was fully ready for settlement. In most cases, this would completely avoid litigation, and the need for the insurance company to hire a lawyer. The result was that cases were concluded about a year faster, and with less expense for all involved. That is no longer the situation.

Now, it seems that to get an insurance company to talk seriously (as in reasonably) about settlement, you have to file the case, go through paper discovery and depositions, and have a trial date looming ominously. Then, “on the courthouse steps” the insurance adjusters finally want to talk settlement. So, insurance industry, when you find yourselves asking “why are you filing your cases right away?” the answer is to avoid the absurd delays caused by the complete inattention of most of the insurance industry.

I file my clients’ cases right away, because if I wait untll the cases are settlement-ready, and then wait several more weeks until I figure out that the insurance adjuster isn’t going to be reasonable and timely talk settlement, I end up wasting months toward the ultimate conclusion of the case. So, I file right away. The insurance industry hires their lawyers right away. The defense lawyers educate the insurance adjusters why they should consider prompt settlement.

The insurance adjusters nonetheless ignore their lawyers until the last minute, when there is a trial date on the immediate horizon. Then guess what? The insurance adjusters get reasonable, pay attention to the case, and get it settled on reasonable terms. The same settlement could have been reached months earlier and without the expenditure of thousands of dollars, but the insurance industry has forced my hand. So, I file right away. I do a better job for my clients, because I force the insurance adjusters to pay attention to their files. The case gets concluded faster.

You, insurance industry, have brought about this situation. It is unfortunate, but it is on your doorstep. You’re not doing your jobs. You’re causing needless litigation. When the insurance industry predictably cries about all the lawsuits, don’t listen. Do the same thing the insurance industry does when lawyers try to reach early resolution of cases: Ignore them.

The snow is finally in the rearview mirror, and serious riding season is fully upon us. If you enjoy participating in organized rides, there are plenty of them out there. One resource I rely upon to find rides is my local Harley store, Metro Harley-Davidson. For example, Metro sponsored a pancake breakfast followed by a 100 mile ride this past Saturday. Perhaps it was because it was a corporate-sponsored ride, but there were no scheduled “watering hole” stops as is the custom for most organized rides.

Speaking of watering holes, I came across a couple excellent spots thanks to an ad I saw in my April 2007 ABATE of Iowa Free Way Flyer. I had already planned a quick weekend getaway to Galena, IL with my wife, my Fat Boy being the chosen mode of transportation. Thanks to my Free Way Flyer, I checked out two great biker bars in Savannah, IL - Poopy’s and the Iron Horse Social Club.

Both places are must-stops if you’re biking along the Mississippi River in Iowa or Illinois. My recommendation is that you swing by the Iron Horse first, check out the antique bikes, catch some great tunes, and toss back a couple beverages of choice. Stop number two should be Poopy’s, which has recently relocated to the highway 84 viaduct in Savannah. Poopy’s has a large restaurant, a store for buying gear or one of their souvenier t-shirts, a shop to service and repair your bike, a tattoo parlor, outdoor stage and covered seating area, and perhaps the highlight: free tent camping. I don’t mean to be a salesman for Poopy’s, but I loved that place. Definitely a destination for future rides.

Oh yeah, back to rides. The ABATE of Iowa Freedom Flyer is chock-full of organized riding opportunities (look under Events). The ABATE Freedom Rally near Algona, IA (June 29, 30, and July 1) promises to be an event worth attending. If you can’t wait that long for an ABATE rally, try ABATE of Wisonsin’s Summer Hummer (official state rally) June 15 - 17. Of course, if you’re really serious about your biker rallies, you have to consider the 67th Annual Sturgis Motorcycle Rally, August 6 - 12.

You can find organized rides in Iowa or any other state at Weasel’s Sringfield. The nation-wide listings ensure that you can find a ride wherever you may roam. Another great source of ride information is your local biker bar. In Cedar Rapids, we’re fortunate to have two, the Chrome Horse Saloon & Slop House, and the Fifth Gear, and both regularly have postings of upcoming rides. Bottom line: You should be able to find an organized ride close to home any weekend of riding season.

Enough for today. Hope to see you out there.

The Iowa Bar Association Young Lawyers Division recently published a brochure titled “On Your Own” Your Legal Rights and Responsabilities as an Adult. The brochure gives summaries of important legal issues which commonly effect everyday people.

The “Employment” section provides an excellent overview of Iowa’s workers’ compensation system and some basic things every worker needs to be aware of. For your convenience I have pasted the overview on workers’ compensation below. If you have had a work injury or would like more information on Iowa’s workers’ compensation system, do not hesitate to contact the Pete Leehey Law Firm.

If you are injured in the course of your employment, you are entitled to compensation and protections provided under Iowa’s Worker’s Compensation law. A compensable injury is one that interferes with a bodily function, or impairs bodily health, and that grew out of or occurred in the course of your employment. Some injuries occur over time from the accumulation of small and/or repeated actions. Others occur because of a single acute and traumatic event.All employers, no matter how small, are covered by worker’s compensation law. There are many types of benefits provided under the worker’s compensation law, including payment of medical expenses, paid leave for work time lost due to the injury and/or treatment for it, rehabilitation benefits, death benefits, industrial disability benefits, and disability benefits.

If you are injured in the course of your employment, you should immediately notify your employer of the injury and how it occurred—but do not wait more than 90 days after the discovery of your injury to report it to your employer.