Questions We Are Asked Each Week By Clients...
We are often asked questions like how much should the insurance company pay? How are my weekly benefits calculated?, etc. So we have put together some of the questions we here the most and the answers to them. We hope this helps you avoid making a mistake in your Iowa personal injury, car accident, dog bite, work injury or other injury matter.
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What If the At Fault Driver is Lying About My Car Accident in Iowa?
We live in a world where some people would rather avoid responsibility for their actions by lying. If you are on the scene of a car accident in Iowa and someone is lying, you should be sure to get names, addresses and phone numbers of witnesses who can tell the truth about what happened. Also, make sure good pictures are taken of the scene, location of the vehicles, skid marks, etc. If you are not able to do either of these because of your injuries, then call a family member or friend who can do this for you.
If you find out later on that the other at fault driver is lying about what happened you can:
1. Preferably before the accident or police report is finished and filed, talk to the police officer investigating the crash to make sure the truth is known;
2. If you have witness names and information provide it to the police officer so they can contact the independent parties to find out what really happened; and
3. Consider hiring a private investigator and/or a qualified injury attorney to try to obtain a recorded statement from the other driver. If they are lying, then chances are they will not be able to keep their lies straight and credibility is a big factor in Iowa personal injury cases.
If none of the above works and the police officer ends up finding you at fault and gives you a traffic ticket then consider the following:
1. Do not just mail the ticket in and pay the fine because this could be considered an admission of fault by pleading guilty;
2. If you are required to appear in court for your ticket, then appear and either pled not guilty and then a trial date will be set for your ticket. However, if you do not want to fight the ticket in court you could ask to be found guilty instead of pleading guilty which may not be considered an admission of fault; and
3. Hiring a criminal defense attorney to fight the traffic ticket in court. However, keep in mind that criminal defense attorneys will sometimes say they will do your personal injury car crash case also. No one can do everything well so be careful about hiring a criminal defense attorney for your car accident claim.
This is a condensed short list of some things to consider when the other driver is lying about what happened. For more information about Iowa Car Accidents Cases request a copy of our book that we offer at no cost or risk to you. If you would like to discuss your injury matter right away with one of our injury attorneys then call now 641-792-3595 for a no cost car accident evaluation.
I don’t like the workers’ compensation doctor or other medical provider. Can I choose a different one?
You always have the right to choose medical care on your own, but if you want the workers' compensation insurance company to pay for it, then you will generally need to see the medical providers that they choose. However, there is a process called alternative medical care which is discussed in detail in Chapter 4 of our book in which you may be able to obtain a different medical provider under certain circumstances. There are very specific requirements in attempting to change medical care so you should consult with an attorney should you decide this is what you want to do.
To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order a copy of my FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? I have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Iowans hurt at work are now beginning to realize that they should learn about Iowa's work injury laws. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation. So to learn how to avoid costly mistakes and your rights Call Now (800)-707-2552, ext. 511 (24 Hour Message) or click the link to request your copy. For immediate assistance or to schedule your NO COST Work Injury Case Evaluation, CALL 641-792-3595 and ask for Corey or Erik.
The doctor they sent me to wants me to have surgery, but the insurance company has not approved it. What can I do?
Unfortunately, it is common for insurance companies to ignore the treatment recommendations made by the doctors they choose. There is a procedure called "alternative medical care" which can be used to seek an order requiring the insurance company to pay for the recommended treatment. The first thing you are required to do is to send a letter to the insurance adjustor requesting that the care be approved. You should keep a copy of the letter as you have to prove you requested the care in writing.
This and other specific legal requirements regarding alternative medical care are explained in Chapter 4 of our Iowa work comp. book available at no cost to you.
I am a truck driver who lives in another state, but was hired by an Iowa trucking company. Where should I file my workers’ compensation claim?
Generally, if your employer has a written employment manual or policy stating that your claim will be handled under Iowa law, then Iowa should have jurisdiction over your claim. However, there are lots of variables in determining the appropriate jurisdiction. Keep in mind that time limitations can be quite short so you should promptly contact an Iowa attorney to discuss the proper state to file your claim in.
If you have questions about where to file your claim or would like a no cost workmans' comp case review, contact our office at 641-792-3595 and ask for Corey or Erik.
Can you ask your employer to do a different or another job if your doctor says you are unable to do your current job?
Yes, you can always ask, but keep in mind that in most circumstances your employer is under no obligation to either provide you with work within your restrictions (however, if they don't have work for you then you should receive a weekly workers compensation check) or provide you with work that you feel is more suitable. In most situations, you are an employee at will and if you reject work that is offered to you within your restrictions then you may be fired and also receive no weekly workers compensation benefits.
What Do I Need to Do to Return to Work after a Work Injury?
If your doctor releases you to return to work with or without restrictions then you should immediately contact your employer. You should request that your doctor provide you with a copy of the written return to work document. You should give your employer a copy, but also keep a copy for your own records. Failing to timely contact your employer after you have been released may result in termination of your employment and your workers' compensation benefits being stopped. It is important to keep your employer informed of changes in your doctor's orders regarding your ability to work so that it does not affect your benefits.
My son died in a work accident, was not married and has no dependents. What happens?
If a deceased worker is not married and has no dependents, then workers' compensation will only pay the related medical expenses and burial expenses up to 12 times the statewide average weekly wage. However, depending upon the circumstances there may be other claims to pursue so a family member should consult with an attorney to find out more information.
To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order a copy of my FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? I have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Iowans hurt at work are now beginning to realize that they should learn about Iowa's work injury laws. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation. So to learn how to avoid costly mistakes and your rights Call Now (800)-707-2552, ext. 511 (24 Hour Message) or go to www.IowaWorkInjury.com. For immediate assistance call 515-440-2852 and ask for Corey.
I’m employed by a staffing agency. Can I get workers’ compensation benefits if I’m injured at work?
Yes, depending upon the agreement between the staffing agency and where you were working, one of them should be responsible for your workers’ comp benefits if you were injured at one of your places of employment.
My employer put me on FMLA leave and I did not apply for it. Can my employer do this?
Yes, your employer can run your FMLA time (generally up to 12 weeks of leave if you qualify explained more in our Iowa Work Injury book) at the same time that you are off work due to a work injury.
Should I Receive Any Benefits from Workers Compensation?
If it is determined that you have sustained a work-related injury arising out of and in the course of your employment then yes, you should receive benefits in the form of medical care at no cost to you, weekly checks if you are not able to work and permanent compensation depending upon the nature and extent of your work injuries.
Who Pays the Benefits You are Owed
Most employers purchase an insurance policy that pays for your benefits which means that your employer is not paying anything out of pocket. Some employers are self-insured or have a large deductible meaning that in some cases despite there being an insurance company involved, your employer may be paying for your benefits. Either way, Iowa law requires all employers to provide workers compensation benefits to employees. In exchange for workers' compensation, employees are generally prohibited from suing their employers for negligence causing them to be injured.
Attorneys Help You Get Your Benefits Paid
As long as you have a work-related injury, worker's compensation should be paying you benefits while you are off work. If you are denied benefits or think you are receiving the wrong benefits, the work injury attorneys at Walker, Billingsley & Bair are here to help. Call 641-792-3595 or complete our online contact form to get help from one of our attorneys and find out your options for getting your benefits paid.