This is a question I’m regularly requested to answer. The trouble is it can’t be answered. In fact the question indicates a clear misunderstanding of personal injury claims and the desire to avoid the process of law. The process of law isn't like removing a bandaid; it can't be quickly done. It's more like a splinter, requiring fine attention to detail, and yes it's going to hurt, but like removing a splinter, once it's out it's over with. Here is how I answered the question.

Question: What is the average settlement for a workers' compensation case in Iowa?

An average settlement for a moderate work related injury is usually a moderate settlement. You can see I'm being intentionally vague. I don't know what you do for a living; how you were hurt and how serious the injury affected your ability to earn a living. That said allow me to use an example and demonstrate how the question is way too vague to answer. If you were a farmer and I asked how long it would take an average farmer with an average tractor to plow an average field the farmer would look at me and say, "Don't lose that day job."

The bottom line is without knowing the injury, the circumstances, the work you do for a living and how the injury has affected your ability to do the work you’re trained to do, I can’t answer it. Also have the medical bills been paid? If not who is going to pay them? If they are paid what company paid them and do they want to be paid back? For really serious injuries the complications grow expodentially. And to really make it complicated we now have to ask, is Medicare involved? If Medicare is involved get ready for a long drawn out and complicated transaction. In personal injury work, nothing is simple.

And even though fault has nothing to do with workers compensation benefits it can affect a persons’ willingness to move on and accept a settlement. So let’s talk first about things that can complicate a workers' compensation value.

1. The degree you can prove the injury was caused by the work,
2. the mechanism of injury,
3. the medical condition, the medical bills,
4. the wage loss,
5. if there is any expected reduced earning capacity,
6. what the medical records say about the level of impairment and likely to be suffered in the future
7. calculating the weekly compensation rate
8. previous surgery
9. previous disability,
10. how you described the mechanism of injury during the initial ER visit
11. how you described the injury in a recorded statement,
12. the permanent impairment ratings,
13. doctor imposed restrictions,
14. the willingness of the employer to take you back after the doctor releases you,
15. your attitude, to name a few.

It's not an easy question to answer. Anyone can settle a $10,000 case for $1,000. Even a non-lawyer can. In my experience even with paying a contingent fee 99% of the time you get more with a lawyer than without.

If you disagree you have the right to play lawyer and to settle your own case. But then again I won’t be plowing any farm fields anytime soon.