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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How Are My Lost Wages Paid After a Car Accident?
Under Iowa law, if you or a loved one are involved in a car accident causing injuries that require you to be off work, then you will need to use your sick pay, short-term disability, accident and sickness, vacation time, AFLAC or some other form of disability pay. The insurance company for the other driver will not pay your lost wages as you incur them. They will only pay your lost wages as part of a total settlement of your case including medical bills, lost wages, loss of quality of life, pain, and suffering, etc. If you are still off work because of a car accident, it is way too early to be talking settlement with the insurance company. You need to wait and see how your medical treatment goes and if you make a full recovery or not before even considering a settlement offer.
It is important that you if you do not know if your employer has any such coverage that you contact the HR (human resources) department. If you do have short-term disability or another coverage that will provide you with benefits while you are not able to work, then you will be required to complete paperwork and your doctor will also have to fill out paperwork showing your disability. It is important that you complete this paperwork in a timely fashion because the longer you wait, the longer it will take before you start receiving checks for your time off work.
Also, you may have disability coverage on your mortgage, car or other loans. This can make your payments while you are disabled and not able to work. You should check with your bank or lender to find out if you purchased this type of coverage.
What if the above doesn't work?
If you, unfortunately, do not have any of the above available to you, then you may have to look for help from your family, friends, church, etc. If you were injured in a state that has PIP (personal injury protection) such as Minnesota then you may be able to recover your lost wages immediately under your own car insurance policy for no-fault insurance. For more information about Iowa car accidents, you should request of book that reveals 7 Secrets to Not Wreck Your Claim.
Who Should Pay my Medical Bills after my Car Accident in Iowa?
This is one of the most common questions we get and there is a lot of misinformation out there so listen up. First of all, the insurance adjuster for the other driver may tell you "send me all your medical bills". Yet, that does not mean they will actually pay your medical bills as you send them. You can try asking the insurance adjuster for something in writing that they will pay your medical bills. Although, chances are that the only way they will pay anything is if you agree to sign a release and close your claim forever. The insurance company would rather have your medical bills pile-up, have you sent to collection, have you start receiving nasty collection calls making threats against you such as garnishing your wages, etc.
Why would the insurance company want to do this? Because it puts pressure on you to settle your case for less than fair value. They want you to be so stressed out that you will take whatever they want to pay you so the medical bills will be paid and the collections calls will end. Well, there is some good news, you should not play by the rules set by the insurance company and instead should know the truth.
The truth is that rarely will the other driver's insurance company pay for your medical bills as they are incurred. So, the best source to pay your car accident related medical bills are:
1. Your health insurance that you have through your employer or that you obtained on your own.
You should make sure that the hospital and other medical providers have the information they need to submit the bills to your health insurance. They may say "we cannot do this because there is a third party responsible". This is hogwash. If you have health insurance then they are required to pay your medical bills regardless if it is a car accident or not;
2. Your medical payments under your own automobile insurance policy.
If there is insurance on the vehicle you were in at the time of the crash and/or if you have car insurance on your own, then chances are good that there is some medical payments coverage available. The amount can vary from $1,000 up to $100,000 in medical payments coverage. It is usually best to use your medical payments coverage to cover your co-pays and deductibles. But why should my insurance pay for this and won't this increase my insurance premiums? Well, this is coverage that you bought to protect yourself and if you are not at fault for the accident then it should not affect your insurance premiums. As stated above, the other driver's insurance is highly unlikely to pay for any of your medical bills, unless you sign a release letting them off the hook forever;
3. If You Don't Have Health Insurance
If you don't have health insurance and don't have any or enough medical payments coverage then you could contact the medical provider to see if they are willing to write-off all or part of the balance given your financial situation. Many hospitals are not-for-profit which requires them to write-off a portion of their medical bills each year to maintain the benefits they receive for being non-profit; and
4. None of the Above Work
Then you could seek assistance from a local church, charity, family or friends. Chances are if you are in this situation then your medical bills may be one of your last concerns as you are probably having problems paying for your other bills.
There are other potential ways of paying your medical bills that a qualified Iowa personal injury attorney may be able to help you with. If you would like more information about medical bills in car accident cases here in Iowa then request a copy of our book that we offer at no cost or risk to you. Our book also reveals 7 Secrets to Not Wreck Your Claim.
If you need immediate assistance or have more questions feel free to call our office at (641) 792-3595 and ask to speak with one of our car accident attorneys.
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.
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.
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.