Serving Cedar Rapids and beyond
Work Injury Lawyer Cedar Rapids
Work injuries can disrupt your life, impact your income, and affect your ability to perform daily activities. At Pothitakis Law Firm, we understand the physical, emotional, and financial toll these injuries can take. A workplace injury attorney at our firm can help you navigate the complexities of your work injury claim to seek the benefits you rightfully deserve. Whether your workplace injury is the result of an accident, repetitive motion, or workplace conditions, Pothitakis Law Firm is here to help you through the claims process and advocate for your rights to recovery and compensation.
To find out how a work injury lawyer can make a difference in your case and your future, call Pothitakis Law Firm at (319) 318-0450.
Cedar Rapids Work Injuries Call for More Information Today!319-318-0450
Mr. Pothitakis' law firm did a great job for me and my family during and after my injuries.
Charles Shuman
D"Excellent Communication, Knowledgeable Attorney, and Professional Staff!"
Niko knows his business and his results speak for itself!
Dale Venaas
K"I would highly recommend Niko and his staff."
I would highly recommend Niko and his staff. They are very helpful and friendly.
KayMarie Buttke
P"I had an excellent experience with Niko."
Niko was professional, compassionate, and always kept me informed. Thanks to his hard work and expertise, I received a fair settlement.
Paige Worrell
P"An excellent experience with Nike"
Niko was professional, compassionate, and always kept me informed.
Paige Worrell
S"Niko will go to bat for you"
Niko will go to bat for you and get a fair settlement—in fact, he got me a lot more than I anticipated.
Steven Mathies
S"Niko Will Go to Bat for You"
Niko will go to bat for you and get a fair settlement.
Steven Mathies
A"They have great communication and an amazing team"
They have great communication and an amazing team who will help you achieve your goals.
Andrew I
A"Quick Response to My Case"
Thank you, Niko, and the Pothitakis Law Firm for their quick response to my workers' compensation case.
Andrew I
K"Highly recommend Niko and his staff"
I would highly recommend Niko and his staff. They are very helpful and friendly.
KayMarie Buttke
j"Great group of lawyers"
If you are needing your company's workers' comp to get you back on your feet, they are the ones to call!
jason martin
j"Great group of lawyers"
If you are needing your company's workers comp, they are the ones to call!
jason martin
A"Don't give up!"
Not everyone is 'lying or faking.' Pothitakis Law Firm works with the doctors' records and helps you fight your case.
Alexandra Elizabeth
A"Grateful for Niko and His Team"
Niko and his team stuck by and fought for me.
Amy Lovell
C"She was very friendly and knowledgeable."
She was very friendly and knowledgeable. Would recommend.
Collin Hennigar
C"Friendly and Knowledgeable"
She was very friendly and knowledgeable. Would recommend.
Collin Hennigar
b"I would give ten stars if I could."
They are knowledgeable, friendly, always prepared, and care about their clients. They go far beyond the basics.
barbara laughlin
b"Great office to work with!"
They are knowledgeable, friendly, always prepared and care about their clients.
barbara laughlin
S"Very professional and extremely knowledgeable"
Mr. Pothitakis and his team are very professional and extremely knowledgeable on workman comp cases.
Stephanie Schutte
K"The professionals are empathetic, smart, and experienced."
The professionals that work there are empathetic, smart, and experienced.
Kayla Meersman
S"Very Professional Team"
Mr. Pothitakis and his team are very professional and extremely knowledgeable on workers' comp cases.
Stephanie Schutte
K"Great Firm"
Professionals are empathetic, smart, and experienced.
Kayla Meersman
M"The staff was extremely friendly and helpful."
The staff was extremely friendly and helpful for my personal situation.
Melissa Selby
J"Very Helpful and Easy to Work With"
Niko and his staff were very helpful and so easy to work with.
Julia Leza Gardner
c"Nico is a very caring and generous person"
Nico is a very caring and generous person as well as he has great staff.
cody warth
S"Very friendly and professional"
I have heard wonderful things about this law firm and the staff. Very friendly and professional.
Sylvia Hamilton
M"Friendly and Helpful Staff"
The staff was extremely friendly and helpful.
Melissa Selby
J"Very Helpful and Easy to Work With"
Niko and his staff were very helpful and easy to work with.
Julia Leza Gardner
c"Caring and Generous Person"
Nico is a very caring and generous person.
cody warth
S"Wonderful Law Firm and Staff"
Very friendly and professional. If I ever need legal advice, I know who I'm contacting first.
Sylvia Hamilton
Mr. Pothitakis' Law Firm Did a Great Job
Mr. Pothitakis' law firm did a great job for me and my family during and after my injuries. Very happy. All I can say: let Niko take care of any injuries or questions. Again, thank you.
Charles Shuman
Excellent Communication, Knowledgeable Attorney, and Professional Staff!
Excellent communication, knowledgeable attorney, and professional staff! Niko knows his business and his results speak for itself! Thank you again for all your hard work in resolving this case! Dale S.
Dale Venaas
I would highly recommend Niko and his staff.
I would highly recommend Niko and his staff. They are very helpful and friendly. They were able to help me with the problem I was having. Thank you for everything!!
KayMarie Buttke
I had an excellent experience with Niko.
I had an excellent experience with Niko. From the very beginning, he was responsive, knowledgeable, and genuinely concerned about my well-being. Navigating a workers’ compensation claim can be overwhelming, but he made the process clear and manageable every step of the way. Niko was professional, compassionate, and always kept me informed. Thanks to his hard work and expertise, I received a fair settlement that helped me move forward. I highly recommend Niko at Pothitakis Law Firm to anyone dealing with a work-related injury.
Paige Worrell
An excellent experience with Nike
I had an excellent experience with Nike. From the very beginning, he was responsive, knowledgeable, and genuinely concerned about my well-being. Navigating a workers’ compensation claim can be overwhelming, but he made the process clear and manageable every step of the way. Niko was professional, compassionate, and always kept me informed. Thanks to his hard work and expertise, I received a fair settlement that helped me move forward. I highly recommend Niko at Pothitakis Law Firm to anyone dealing with a work-related injury.
Paige Worrell
Niko will go to bat for you
If you find yourself in need of a work comp/personal injury attorney, I would highly recommend Pothitakis Law Firm. Niko and his staff are great people to have on your side. You are never left out of the loop, and if you have questions, they are promptly answered. Niko will go to bat for you and get a fair settlement—in fact, he got me a lot more than I anticipated. Give them a call before you talk to anybody. You won’t be disappointed.
Steven Mathies
Niko Will Go to Bat for You
If you find yourself in need of a work comp/personal injury attorney, I would highly recommend Pothitakis Law Firm. Niko and his staff are great people to have on your side. You are never left out of the loop, and if you have questions, they are promptly answered. Niko will go to bat for you and get a fair settlement; in fact, he got me a lot more than I anticipated. Give them a call before you talk to anybody. You won't be disappointed.
Steven Mathies
They have great communication and an amazing team
Thank you, Niko, and the Pothitakis Law Firm for their quick response to my workers' compensation case. If you are ever struggling with insurance companies and not receiving the treatment you deserve, contact the Pothitakis Law Firm. They have great communication and an amazing team who will help you achieve your goals.
Andrew I
Quick Response to My Case
Thank you, Niko, and the Pothitakis Law Firm for their quick response to my workers' compensation case. If you are ever struggling with insurance companies and not receiving the treatment you deserve, contact the Pothitakis Law Firm. They have great communication and an amazing team who will help you achieve your goals.
Andrew I
Highly recommend Niko and his staff
I would highly recommend Niko and his staff. They are very helpful and friendly. They were able to help me with the problem I was having. Thank you for everything!
KayMarie Buttke
Great group of lawyers
Great group of lawyers... If you are needing your company's workers' comp to get you back on your feet, they are the ones to call!
jason martin
Great group of lawyers
Great group of lawyers... If you are needing your company's workers' comp to get you back on your feet, they are the ones to call!
jason martin
Don't give up!
If you are injured in Iowa (or from work like me) and you are reading this...call Niko Pothitakis right now! I don’t have enough words to describe how amazing Niko and his staff are. I was injured badly at work and my company was blowing me off. I contacted the State of Iowa at first because I didn’t know how the law works. I needed legal representation, and with a quick search, I found Niko. After our consult, he went to work for me right away! He has decades of experience and knowledge of the laws. When the company I worked for tried to play games, Niko had all my info and records and kept on them. The Pothitakis Law Firm staff was always in communication with me. I never had to guess what was going on. I asked a ton of questions, and they never made me feel like I was dumb or a bother. This team is put together of folks putting in decades of dedicated work to help regular people. I’m just a regular person who worked her butt off and got hurt at work. I learned so much in this process too. Not everyone is 'lying or faking,' and Pothitakis Law Firm works with the doctors' records and helps you fight your case. It wasn’t a quick fix, but you have to hang in there. All cases are different, but for me, it took months of fighting at first because that is what some of these corporations and companies do. They want you to give up. DON'T GIVE UP! Niko never gave up and kept on them. Most importantly, we had to fight to get the therapy I needed to get better. So based on those results, once it was all said and done, I got the money that was owed to me and then some! If you or anyone you know gets injured in any way, especially at work, you need to call Niko Pothitakis. He is the real deal and will let you know your rights and fight for them. Thank you, Niko and staff! Forever grateful!
Alexandra Elizabeth
Grateful for Niko and His Team
When I first got injured, I tried to deal with work comp directly, but when they wanted to stop helping me, I reached out to Niko. When I first contacted him, he went over every detail of my case and where I was at that point. He informed me I didn't need him at that time. For about a year, he helped me with his advice and he and his staff talked with me to help me. Finally, I had come to a roadblock with my work comp, and Niko said it was time to get him assigned to the case! He and his staff were very helpful even though my process took a long time (because work comp loves to drag out every process). They stuck with it and fought for what I deserved. From the date I was injured till the end was approximately 7 and a half years and approximately 13 surgeries, Niko and his team stuck by and fought for me. I am extremely grateful for them and very happy with the settlement I received. If it was not for this law firm and what they did for me, I would be so much worse and probably still fighting! Thank you to the entire staff and a huge thank you to Niko for everything you did for me. I am absolutely grateful for you and what you do for everyone!
Amy Lovell
She was very friendly and knowledgeable.
Spoke to Molly Markey. She was very friendly and knowledgeable. Would recommend.
Collin Hennigar
Friendly and Knowledgeable
Spoke to Molly. She was very friendly and knowledgeable. Would recommend.
Collin Hennigar
I would give ten stars if I could.
Great office to work with! They are knowledgeable, friendly, always prepared, and care about their clients. They pay attention to small details and go far beyond the basics. I would give ten stars if I could.
barbara laughlin
Great office to work with!
Great office to work with! They are knowledgeable, friendly, always prepared and care about their clients. They pay attention to small details and go far beyond the basics. I would give ten stars if I could.
barbara laughlin
Very professional and extremely knowledgeable
Mr. Pothitakis and his team are very professional and extremely knowledgeable on workman comp cases. It's always a pleasure working with his team!
Stephanie Schutte
The professionals are empathetic, smart, and experienced.
Great firm. The professionals that work there are empathetic, smart, and experienced. Five stars!
Kayla Meersman
Very Professional Team
Mr. Pothitakis and his team are very professional and extremely knowledgeable on workers' comp cases. It's always a pleasure working with his team!
Stephanie Schutte
Great Firm
Great Firm. The professionals that work there are empathetic, smart, and experienced. Five stars!
Kayla Meersman
The staff was extremely friendly and helpful.
The staff was extremely friendly and helpful for my personal situation.
Melissa Selby
Very Helpful and Easy to Work With
Niko and his staff were very helpful and so easy to work with.
Julia Leza Gardner
Nico is a very caring and generous person
Nico is a very caring and generous person as well as he has great staff.
cody warth
Very friendly and professional
I have heard wonderful things about this law firm and the staff. Very friendly and professional. Last year I received a box of assorted chocolate covered nuts around the holidays and it was amazing! If I ever need legal advice, I know who I’m contacting first.
Sylvia Hamilton
Friendly and Helpful Staff
The staff was extremely friendly and helpful for my personal situation.
Melissa Selby
Very Helpful and Easy to Work With
Niko and his staff were very helpful and so easy to work with.
Julia Leza Gardner
Caring and Generous Person
Niko is a very caring and generous person as well as he has great staff.
cody warth
Wonderful Law Firm and Staff
I have heard wonderful things about this law firm and the staff. Very friendly and professional. Last year I received a box of assorted chocolate-covered nuts around the holidays, and it was amazing! If I ever need legal advice, I know who I’m contacting first.
After hearing, the Deputy Workers’ Compensation Commissioner entered an award fully in favor of the Claimant finding him permanently and totally disabled. The Decision resulted in an award with the present value of in excess of $1 million. In addition, the Defendants were ordered to pay the Claimant’s medical expenses for the remainder of his life.
$300,000 Settlement For Injured Worker
The Pothitakis Law firm was instrumental in maintaining weekly benefits for the claimant up until the time of settlement. The initial offer of settlement was a small and unreasonable offer. The Pothitakis Law Firm took and extremely firm position as it related to the case and was able to successfully resolve the matter for a payment of $300,000.
$400,000 Amazing Results For Worker With Lower Back Injury
In September, injured employee H.L.E. hired Pothitakis Law Firm to assist him with respect to a work injury. H.L.E. had been employed by a local manufacturing plant and had sustained an injury to his low back. The employer disputed that the condition was work-related and refused to pay benefits on the claim.
$450,000 Partial Commutation
In 2013, our client was a truck driver who was fatally injured in a tragic auto accident. He was married at the time and as a result his wife was entitled to Workers’ Compensation benefits. Those benefits would end upon her death or shortly after she were to remarry. The surviving spouse was finding it difficult to live on the weekly Workers’ Compensation benefits and for other reasons wanted to have the money paid in a lump sum.
$450,000 Partial Commutation
In 2013, our client was a truck driver who was fatally injured in a tragic auto accident. He was married at the time and as a result his wife was entitled to Workers’ Compensation benefits. Those benefits would end upon her death or shortly after she were to remarry. The surviving spouse was finding it difficult to live on the weekly Workers’ Compensation benefits and for other reasons wanted to have the money paid in a lump sum.
$600,000 Amazing Result In Iowa Workers Compensation Case Awards
Pothitakis Law Firm represents L.R., a gentleman who sustained an injury while working for a national building supply chain. L.R. sustained an injury to his leg. The Defendant Workers’ Compensation insurance carrier and Defendant Employer argued that the injury was only to the leg and did not extend beyond the leg. L.R.’s doctors indicated that the injury was beyond the leg and included Complex Regional Pain Syndrome.
$1 Million Workers Slip and Fall
The Pothitakis Law Firm was hired by D.D. who sustained an injury to his neck when he slipped and fell while leaving work. He ultimately underwent neck surgery as a result of the injury and was unfortunately left with chronic pain. As a result of the chronic pain, the Claimant also began suffering from significant anxiety and depression. The Claimant was taking pain medications as well as medications for his mental health condition to try and obtain some relief.
Prior to hearing, the Defendants made an offer of settlement that was rejected based upon the recommendation of Pothitakis Law Firm. The Defendants sought to pay a lump sum and close out the Claimant’s entitlement to weekly benefits as well as to close out his medical care. Given the cost of the Claimant’s medications, the Claimant was unwilling to close out the claim for the amount offered. The parties proceeded to hearing and presented extensive evidence concerning the Claimant’s injury and how that injury affected his ability to be able to return to the labor force. Pothitakis Law Firm argued that the Claimant was unemployable and was permanently and totally disabled. The defendants argued that the Claimant had been in a sales position and, therefore, his physical limitations and physical pain did not prevent him from returning to that type of work.
After hearing, the Deputy Workers’ Compensation Commissioner entered an award fully in favor of the Claimant finding him permanently and totally disabled. The Decision resulted in an award with the present value of in excess of $1 million. In addition, the Defendants were ordered to pay the Claimant’s medical expenses for the remainder of his life.
The case is now on appeal and Pothitakis Law Firm hopes to be successful in defending the appeal.
$300,000 Settlement For Injured Worker
The claimant was working as a union laborer for a major construction project in Iowa. While performing his work activities, the claimant felt a pop in his right shoulder and right arm. He reported it to the nurse that same day and ultimately we referred to the occupational doctors. They determined that an MRI was needed of AD’s right shoulder. The claimant was right handed so this injury had a significant effect on his home and work activities. It was determined that surgery was needed to repair a rotator cuff tear and the surgery was scheduled and undertaken a few months after the injury. Although the surgery provided some relief to AD as it relates to pain, it did not improve his strength. Pothitakis Law Firm helped to obtain authorization for medical care with a more specialized doctor as it related to the shoulder injury. The claimant was seen by a doctor and the University of Iowa Hospitals and Clinics.
It was determined that the best course of action was not an additional surgery, but additional injections. Those were undertaken, which provided the claimant some relief. The claimant was ultimately determined to be limited in terms of his work activities and any attempt to return as a union laborer for major construction projects would be prohibited. A functional capacity evaluation was secured, which was testing that determines what AD could undertake physically in a safe manner and without resulting in re-injury. This functional capacity evaluation determined that AD would be limited to 5-10 pounds with his dominate right arm and right shoulder.
The Pothitakis Law Firm wanted to make sure AD received maximum compensation for the fact that he could no longer work as a union laborer. The Pothitakis Law Firm and Nicholas Pothitakis, a top Iowa Workers’ Compensation lawyer, filed a petition with the Iowa Workers’ Compensation commissioner seeking benefits based upon the extent of the injury to AD and for benefits relating to how this would impact his ability to perform work in the future. The Pothitakis Law Firm assisted by obtaining a second opinion for AD to detail the extent of the injuries as well as the permanency and impairment rating associated with injury. Further, the Firm obtained the services of a vocational rehabilitation expert, who provided testimony concerning limits that the claimant would have in seeking further employment. With a 5 pound lifting restriction, an 8th grade education, and past work all being construction the Pothitakis Law Firm took the position that AD would not be able to find work without extensive re-training, and given his lack of education, that that re-training would be difficult at best.
The Pothitakis Law Firm also had the claimant educationally tested to show the limitations with respect to reading and math and how those would also effect AD’s ability to perform a non-physical employment position. The Pothitakis Law firm was instrumental in maintaining weekly benefits for the claimant up until the time of settlement. The initial offer of settlement was a small and unreasonable offer. The Pothitakis Law Firm took and extremely firm position as it related to the case and was able to successfully resolve the matter for a payment of $300,000.
$400,000 Amazing Results For Worker With Lower Back Injury
In September, injured employee H.L.E. hired Pothitakis Law Firm to assist him with respect to a work injury. H.L.E. had been employed by a local manufacturing plant and had sustained an injury to his low back. The employer disputed that the condition was work-related and refused to pay benefits on the claim. After several months of exchanging information including depositions and reports from medical providers, the case was set for hearing.
The night before the hearing, the defendant Workers’ Compensation insurance carrier contacted Pothitakis Law Firm and indicated that they had an interest in trying to resolve the case. The Workers’ Compensation insurance carrier again reiterated that their position that they did not believe that the back injury was related to H.L.E.’s work activities and they suspected that they would win if they went to trial. They indicated that they would pay somewhere between $25,000 to $30,000 to resolve the claim. After discussing the matter with H.L.E., Mr. Pothitakis and the client decided that it was not sufficient to resolve the claim, and they proceeded to hearing. The hearing took place in the summer four years later, and a decision was issued shortly thereafter.
The Deputy Workers’ Compensation Commissioner who decided the case set forth a Decision denying H.L.E. any benefits whatsoever. Mr. Pothitakis discussed the matter with H.L.E. and informed H.L.E. that he did not believe the Decision was a good decision based on the evidence and that an appeal should be filed immediately. An Appeal was filed and briefs were submitted to the Workers’ Compensation Commissioner. The Workers’ Compensation Commissioner agreed with Pothitakis Law Firm that the Deputy Workers’ Compensation Commissioner’s initial Decision was not correct and overturned the same. The Workers’ Compensation Commissioner awarded H.L.E. benefits for his low back injury and concluded that he had suffered a 25% industrial disability benefit entitling him to 125 weeks of benefits.
After receiving this new Decision, the Workers’ Compensation insurance carrier decided that it wanted to appeal the Decision to the Des Moines County District Court, and it filed what is called a “Petition for Judicial Review” to appeal the Decision which awarded H.L.E. benefits. This Petition was filed a year later.
That spring, the Iowa District Court in and for Des Moines County entered a Decision agreeing with the Iowa Workers’ Compensation Commissioner’s Decision awarding H.L.E. a 25% industrial disability. Based upon this Decision, H.L.E. was awarded benefits of approximately $55,000 for this injury.
Over the next few years, H.L.E.’s condition continued to deteriorate resulting in more limitations in his ability to perform work. Based upon this deterioration, Pothitakis Law Firm filed a review reopening Petition two years later. The review reopening petition was a request for benefits above the 25% loss previously awarded contending that H.L.E.’s condition had changed resulting in a great loss to H.L.E.
Again, the Workers’ Compensation carrier disputed that there was any change or any entitlement to additional funds. They defended the claim and indicated that they were not willing to provide any additional benefits to H.L.E. for his claim. The case was set for hearing in the summer of the following year. During the week before the hearing, the Defendants contacted Pothitakis Law Firm and indicated that they had an interest in trying to resolve the claim. At this time, the Defendants indicated they would pay $20,000 to settle the claim. H.L.E. and Pothitakis Law Firm determined that this again was insufficient to resolve the claim and proceeded to hearing.
A Decision was entered on the review reopening claim finding the Claimant to be permanently and totally disabled. This was a finding that given the Claimant’s age, education, injury, and restrictions that he was unemployable entitling him to lifetime benefits. The present value of the permanent total award was in excess of $400,000 in new money, plus medical associated with the claim. This again was appealed by the Workers’ Compensation insurance carrier to the Workers’ Compensation Commissioner.
While on Appeal, the Workers’ Compensation carrier contacted Pothitakis Law Firm to inquire about a settlement. Ultimately, the case was settled for a confidential amount along with provisions for the payment of the client’s future medical expenses.
Based upon the willingness of H.L.E. to stand his ground and remain confident in the pursuit of his benefits by Pothitakis Law firm, H.L.E. was able to turn down offers in the $20,000 to $25,000 range and receive an award that was worth approximately $400,000.
The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.
$450,000 Partial Commutation
On March 2, 2016, Pothitakis Law Firm received a Decision in a partial commutation case. The Decision resulted in an award to the client of $450,000.
In 2013, our client was a truck driver who was fatally injured in a tragic auto accident. He was married at the time and as a result his wife was entitled to Workers’ Compensation benefits. Those benefits would end upon her death or shortly after she were to remarry. The surviving spouse was finding it difficult to live on the weekly Workers’ Compensation benefits and for other reasons wanted to have the money paid in a lump sum.
Under the Iowa Workers’ Compensation laws, benefits are always awarded on a weekly basis. There are a few situations where the benefits can be awarded in a lump sum and one of those is when one seeks a partial commutation. A partial commutation is a request to have all benefits paid in a lump sum after reducing them to present value.
In this case, the surviving spouse had a life expectancy of an additional 29 years. Reducing the payments over her lifetime after reducing to present value would total $450,000. In order to obtain a partial commutation, the spouse was required to show that it would be in her best interests to obtain the funds in a lump sum as opposed to receiving around $400 a week. The question of whether it is in the best interest of the spouse is based upon the balance between the benefits to the spouse in comparison to the detriments to the spouse.
The Defendants argued that she would waste the money and that she would be better off having the money on a weekly basis for the remainder of her life.
The arguments that we make for the spouse included the following:
Interest rates are at an all-time low and therefore the interest rate used to reduce the amount to present value resulted in a significantly higher lump sum at this time as opposed to other times in history. The spouse wanted to make sure to have something left for her children if she were to die. If she was paid weekly, the benefits would end upon her death. If they were paid in a lump sum, as we requested in the petition for commutation, she would have an estate to leave to her children. The spouse wanted to buy a home so that she no longer had to rent. The spouse intended to purchase an annuity that would pay her a monthly income. In support of the application for commutation, Pothitakis Law Firm hired an expert to give an opinion and options for the surviving spouse on how the money could be used. This expert was a Certified Public Accountant and he provided an opinion that it would be in her best interest to obtain the funds in a lump sum at this time. The Defendants hired their own expert, an economist, who said that she was better off receiving the money on a weekly basis.
A hearing was held in January 2016. A Decision was received recently which found in favor of the Pothitakis Law Firm client and awarded the Defendants to pay the Claimant the benefits in a lump sum for an approximate total of $450,000.
Pothitakis Law Firm is very happy with the Decision as was the spouse. Still grieving from the death of her husband, the surviving spouse was happy to be able to secure for her and her family based upon the Decision.
The Defendants do have an opportunity to appeal the Decision and it’s unclear whether an appeal will be filed.
$450,000 Partial Commutation
On March 2, 2016, Pothitakis Law Firm received a Decision in a partial commutation case. The Decision resulted in an award to the client of $450,000.
In 2013, our client was a truck driver who was fatally injured in a tragic auto accident. He was married at the time and as a result his wife was entitled to Workers’ Compensation benefits. Those benefits would end upon her death or shortly after she were to remarry. The surviving spouse was finding it difficult to live on the weekly Workers’ Compensation benefits and for other reasons wanted to have the money paid in a lump sum.
Under the Iowa Workers’ Compensation laws, benefits are always awarded on a weekly basis. There are a few situations where the benefits can be awarded in a lump sum and one of those is when one seeks a partial commutation. A partial commutation is a request to have all benefits paid in a lump sum after reducing them to present value.
In this case, the surviving spouse had a life expectancy of an additional 29 years. Reducing the payments over her lifetime after reducing to present value would total $450,000. In order to obtain a partial commutation, the spouse was required to show that it would be in her best interests to obtain the funds in a lump sum as opposed to receiving around $400 a week. The question of whether it is in the best interest of the spouse is based upon the balance between the benefits to the spouse in comparison to the detriments to the spouse.
The Defendants argued that she would waste the money and that she would be better off having the money on a weekly basis for the remainder of her life.
The arguments that we make for the spouse included the following:
Interest rates are at an all-time low and therefore the interest rate used to reduce the amount to present value resulted in a significantly higher lump sum at this time as opposed to other times in history. The spouse wanted to make sure to have something left for her children if she were to die. If she was paid weekly, the benefits would end upon her death. If they were paid in a lump sum, as we requested in the petition for commutation, she would have an estate to leave to her children. The spouse wanted to buy a home so that she no longer had to rent. The spouse intended to purchase an annuity that would pay her a monthly income. In support of the application for commutation, Pothitakis Law Firm hired an expert to give an opinion and options for the surviving spouse on how the money could be used. This expert was a Certified Public Accountant and he provided an opinion that it would be in her best interest to obtain the funds in a lump sum at this time. The Defendants hired their own expert, an economist, who said that she was better off receiving the money on a weekly basis.
A hearing was held in January 2016. A Decision was received recently which found in favor of the Pothitakis Law Firm client and awarded the Defendants to pay the Claimant the benefits in a lump sum for an approximate total of $450,000.
Pothitakis Law Firm is very happy with the Decision as was the spouse. Still grieving from the death of her husband, the surviving spouse was happy to be able to secure for her and her family based upon the Decision.
The Defendants do have an opportunity to appeal the Decision and it’s unclear whether an appeal will be filed.
$600,000 Amazing Result In Iowa Workers Compensation Case Awards
Pothitakis Law Firm represents L.R., a gentleman who sustained an injury while working for a national building supply chain. L.R. sustained an injury to his leg. The Defendant Workers’ Compensation insurance carrier and Defendant Employer argued that the injury was only to the leg and did not extend beyond the leg. L.R.’s doctors indicated that the injury was beyond the leg and included Complex Regional Pain Syndrome. Complex Regional Pain Syndrome is a condition that results in excruciating pain and discomfort that emanates from the nervous system.
Whether the injury was just to the leg or included Complex Regional Pain Syndrome was extremely important in determining the value of the award. If the injury was solely to the leg, L.R. would be entitled to benefits based upon the loss of use of the leg or impairment rating associated with the leg. For example, if L.R. had a 10% impairment to his leg, he would be entitled to 10% of 220 weeks (the legislature’s placed value on the entire leg) or 22 weeks of Workers’ Compensation benefits. In this example and in L.R.’s case, it would amount to approximately $10,000. If the injury were beyond the leg and included the body as a whole as a result of the Complex Regional Pain Syndrome, L.R. would be entitled to benefits based upon how the injury affected L.R.’s ability to work. As a result of the injury, L.R. had limitations that affected the length of time he could stand and walk. Further, he had some limitations in terms of lifting. Despite these limitations, L.R. was able to maintain his employment based upon accommodations or modifications to his job made by the employer. At the hearing, Pothitakis Law Firm argued that L.R. was 100% disabled and that the only reason he was able to work anywhere was because the employer made some significant changes to a regular job to keep him working. The Defendants contended that L.R. had a limited loss as he was still working making a significant salary despite his work-related injury.
At the hearing, the Deputy Workers’ Compensation Commissioner found in favor of L.R. The Deputy found that L.R. had sustained an injury beyond his leg and to his body as a whole. Further, the Deputy found that L.R. had sustained a 100% loss of his ability to earn money despite the fact that he was still working. This resulted in L.R. being awarded a permanent total disability. The award entitles L.R. to lifetime weekly benefits. Based upon L.R.’s age of 49 years old, L.R. has a life expectancy of almost 32 years. The value of the award on a present value basis to L.R. is approximately $600,000. Pothitakis Law Firm anticipates an appeal and will vigorously defend the case as far as necessary so that L.R. can receive his award. This case illustrates that injuries to extremities are not always minor injuries and not always limited to small amounts of compensation. It is important to always have claims evaluated by competent Iowa Workers’ Compensation attorneys as there are complexities of the law that result in significant awards to injured workers.
The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.
Why Choose Pothitakis Law Firm
At Pothitakis Law Firm, we specialize in workers' compensation and personal injury cases throughout Iowa. Led by Niko Pothitakis, our firm is dedicated to providing personalized, results-driven legal support. With over 20 years of experience, we empower clients to focus on recovery while advocating for their rights.
Why Choose Us:
Expertise in Iowa workers' compensation law
Free educational e-book for client empowerment
Active participation in legal community advancements
Comprehensive support from claim to resolution
Proven track record in securing fair compensation
Results-Driven Advocacy
Dedicated to fair compensation for injuries.
Personalized Client Support
Focused on your needs for optimal recovery.
Free Workers' Comp E-Book
Empower yourself with our free guide.
Experienced Workers' Comp Lawyer
Over 20 years helping injured Iowans.
Meet the Committed Team at Pothitakis Law Firm
At Pothitakis Law Firm, we are wholeheartedly dedicated to serving the needs of injured workers across Iowa, championing their rights in workers' compensation and personal injury cases. Led by the experienced attorney Niko Pothitakis, our firm leverages over two decades of specialized legal expertise to ensure fair compensation for our clients. Our personalized approach and comprehensive support guarantee that each client receives unwavering advocacy, allowing them to focus on recovery. With a unique emphasis on simplifying the legal process through free educational resources, we empower clients to understand their rights. Whether navigating straightforward or complex scenarios, we are committed to providing exceptional legal representation throughout Iowa, including areas like Des Moines and Fort Madison.
This depends on your state's regulations and your employer's workers' compensation insurance plan. Some plans require you to see a network provider initially. If you wish to see your own doctor, make sure to verify this with your employer or workers' compensation insurer.
Who is eligible for workers' compensation?
Most employees injured on the job are eligible for workers' compensation benefits. Eligibility typically depends on whether you are classified as an employee, your injury occurred during the course of your employment, and it complies with state-specific workers' compensation laws.
What benefits are available through workers' compensation?
Workers' compensation typically covers medical treatment related to the injury, wage replacement during recovery, disability compensation if you can't return to work, and vocational rehabilitation if you need help transitioning to a new role or job function.
What if my workers' compensation claim is denied?
If your claim is denied, you have the right to appeal the decision. Carefully review the denial letter to understand the reasons, and gather any additional evidence or documentation that supports your claim. It might be beneficial to consult with a workers' compensation attorney for guidance.
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