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There are thousands of Iowans who drive vehicles as part of their job, and each year hundreds are injured in car and truck accidents while working. Whether your Alta car accident happened while driving a company vehicle, left you with a traumatic brain injury, or caused a painful thoracic strain, understanding your legal options matters. Below, we answer some of the most common questions we hear about company vehicle accidents, what to watch for after a head injury, and how a thoracic strain injury claim works.
Injured in an Alta Car Accident While Driving a Company Vehicle?
If you were driving a company vehicle as part of your job at the time of your Alta car accident, you likely have a workers' compensation claim. However, if you were not driving the vehicle as part of your work duties at the time of the crash, you probably do not have a workers' compensation claim. For example, if you are allowed to drive your company car for personal errands and you are in a crash on the way to the grocery store, that will likely not be covered by workers' compensation. If the other driver was at fault in that situation, you would instead have a personal injury claim.
How Will Your Medical Bills Be Paid?
If you are under the workers' compensation system, your employer's workers' compensation insurance should pay for your medical bills. Under Iowa law, however, they are also allowed to direct your medical care, meaning you generally must go to the doctors they choose, subject to a few limited exceptions. You can ask to be seen by another doctor, but unless you can prove the necessary elements to successfully bring a petition for alternative medical care, they can refuse and send you to their medical providers of choice.
Who Pays Your Wages if You Cannot Work?
If you are covered under the workers' compensation system and the doctor you are sent to takes you off work, you should receive a weekly workers' compensation check. Likewise, if the doctor gives you work restrictions and your employer is not willing or able to provide work within those restrictions, you should receive a weekly check. If you are given work restrictions but are unable to do your normal job and your employer pays you less as a result, you should receive temporary partial disability benefits, which represent two-thirds of the difference between your gross wages before the injury and what you are making afterward. Your weekly check amount will depend on your earnings before you were hurt, your marital status, and how many dependents you claim on your taxes, and it will generally be a little lower than your take-home weekly wage, though these benefits are not taxable.
What if Another Driver Caused the Accident?
It is generally better for you if another driver caused the crash rather than you, since that driver may also be subject to what is called a third-party claim, which is a personal injury claim against the negligent driver. This creates a few legal obstacles worth knowing about. First is subrogation, where the workers' compensation insurance company has the right to be paid back from any money you recover against the negligent driver, and if you are not represented by an attorney, you may see little of that money. Second, the workers' compensation insurance company will sometimes notify you that it intends to pursue your case against the negligent driver on its own, taking over your case and leaving you with little control over what happens, since their goal is generally to recover only what they spent rather than to look out for your best interests. It is a good idea to consult with an experienced Iowa car accident attorney so you are not cut out by the insurance companies and can keep control of your case.
Traumatic Brain Injuries After an Alta Car Accident
What is often referred to as a head injury is really a traumatic brain injury. While you may have sustained cuts, abrasions, or even a skull fracture, what is inside your head, your brain, is much more important than your head itself. If you have been diagnosed with a concussion, this is also a form of brain injury. A significant brain injury that doctors can see on a CT scan or MRI, which may require surgery, means your brain will likely never be quite the same again. Thankfully, most concussions are mild in nature and heal within a few weeks, leaving no ongoing problems, though sometimes even a mild injury can have lifelong consequences.
Changes After a Brain Injury
It is well known that a person who sustained a brain injury often will not notice or understand that they have changed after the trauma. This is why another person who knew you before the car accident should look for signs of long-term problems. There are three things you, your family, and friends should look for after a head injury caused by a car accident. The first is changes in memory, the most obvious sign, which includes forgetfulness, losing your train of thought, and in severe cases, not recognizing a friend or family member. The second is changes in hygiene, which is not always as obvious, but if a loved one forgets to shower, brush their teeth, or comb their hair, or shows another significant change in hygiene habits, they may be experiencing the long-term effects of a brain injury. The third is changes in character. If your loved one used to be calm and is now easily angered, this is a significant warning sign. A spouse commonly notices this, though sometimes it is noticed more by friends or family. If someone tells you that you or your loved one has changed since the accident, it is best to get help.
Steps to Take After a Brain Injury
If you notice any of these warning signs, do not wait, and immediately seek specialized medical care from a concussion clinic. Your family doctor can diagnose a concussion, but concussion specialists are trained in detail about how a patient can make the best recovery possible. Concussion clinics can offer speech therapy, physical therapy, medications, counseling, and more to assist someone who sustained a head injury. If you are experiencing what is called post-concussive syndrome, you may be dealing with headaches, forgetfulness, memory loss, and more, and it is recommended that you seek the expertise of a concussion specialist to make the best possible recovery.
Thoracic Strain Injuries From an Alta Car Accident
Even minor car accidents can cause back injuries. In a car accident, the human body can be jarred, twisted, and impacted with significant force, even if the damage to the vehicle seems minor. In some cases, symptoms of back injuries do not appear for several days to weeks after the collision, which is why it is important to seek medical attention even if you do not feel hurt right away.
What Is a Thoracic Strain Injury?
Thoracic injuries affect the mid-back region of the body. Strains are injuries to muscles or tendons, which attach bones to muscles, so a thoracic strain is an injury to a muscle or tendon in the mid-back region. These injuries can range in severity from a muscle pull to a muscle or tendon rupture, in which the muscle or tendon actually tears.
Seeking Medical Treatment for a Thoracic Strain
Treatment for a thoracic strain generally includes rest to allow the damaged muscle or tendon to heal. It may take several weeks or months for a torn muscle or tendon to heal, while a pulled muscle might take about a week. A doctor will likely order an X-ray or other tests and perform an exam to diagnose the injury and its severity. In severe cases, surgery might be required to repair the muscle or tendon, but in most strain injury cases, the patient is instructed to rest and avoid certain activities, and physical therapy may be part of the recovery program. A doctor may also recommend an over-the-counter medication or prescribe one. Be sure to retain copies of all medical bills, prescription costs, and other important medical information you might need to support your claim.
Filing a Claim for a Thoracic Strain in Alta
Iowa is a fault state when it comes to auto insurance claims, meaning the person at fault for an accident is liable for bodily injury and property damage. If you were involved in an accident in which the other driver was at fault, you may file an insurance claim with that driver's insurer, allowing you to recover compensation for medical bills, lost wages, and pain and suffering related to an injury like a thoracic strain. If you are unsure how to proceed or have concerns about how fault is assigned in your Alta car accident, an attorney can help.
Seeking Legal Assistance in Alta
Seeking legal counsel from experienced Alta Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.