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Accidents can happen anywhere in Kalona, whether on the job, on the road, or while riding a bike. When they do, injured Kalona residents are often left dealing with pain, medical bills, missed work, and a confusing claims process. Understanding how third party claims work after a work accident, what insurance companies do not want you to know, and what to do after a head injury from a bike accident can help Kalona residents protect their rights and their claim. Here is what Kalona residents should know after suffering an injury.
When a Third Party Contributes to a Kalona Work Accident
If you were injured in a Kalona work accident, you may be able to pursue a third party claim in addition to your workers' compensation benefits. A workers' compensation attorney can evaluate your case to determine who was negligent in your accident, and whether someone outside of your place of employment played a role.
Any employee injured while on the job in Kalona is entitled to workers' compensation benefits. However, the situation becomes more complicated when another party, someone other than the employer or a coworker, contributed to the accident. This is why it is important to seek legal help after a Kalona work accident.
Overview of a Third Party Claim
Employees generally cannot sue their employer for injuries that occur on the job if they accept workers' compensation payments. Employers are protected from lawsuits once these benefits are paid, even if the employer was clearly negligent and directly caused the injury.
However, in some cases, an injury may have been caused by another person or company unrelated to the Kalona worker's place of employment. This can lead to filing what is known as a third party claim. A third party may be negligent for part or all of the injuries suffered, and an experienced attorney can help determine whether this applies to your specific circumstances.
Liability in a Third Party Claim
Liability in a third party claim depends on the specific circumstances of the accident. For instance, if a Kalona worker was injured on the job because of a defective product, liability may fall on the manufacturer. If the injury occurred while working at another company's site, liability may rest with the property owner, which could mean filing a premises liability claim. If a Kalona worker was driving a company vehicle and another driver ran a red light and caused a collision, that driver may be held liable through a personal injury claim. These situations can become complicated and time consuming, which is why having an attorney who handles both workers' compensation and personal injury cases is so valuable.
Compensation Available in a Third Party Claim
Workers' compensation benefits will cover medical expenses and lost wages, but they do not include other types of damages such as pain and suffering or mental anguish, and they do not include punitive damages. With a third party claim, a Kalona resident may be able to recover damages beyond medical expenses and lost wages. This becomes especially important in cases involving severe injuries, since workers' compensation alone may not be enough to cover all the losses involved. Pursuing both claims can take time, and a third party claim may delay resolution further, but it can be worthwhile when injuries are serious and additional compensation is available outside of the workers' compensation system.
What Insurance Companies Don't Want Kalona Residents to Know
Insurance companies are some of the largest and most powerful corporations in the country, and their interest is in paying out as little as possible on claims. Based on experience handling injury cases, there are several things insurance companies generally prefer that injured Kalona residents not know.
The Insurance Company Has No Obligation to Be Honest With You
There is no law requiring the insurance company on the other side of your claim to tell you the truth or act in your best interest. Adjusters sometimes act friendly and try to build trust, especially when injuries are serious, but their job is to pay out as little as possible. They are not going to explain your rights or the best way to proceed with your claim. It is best to assume that anything the other side's insurance company tells you is not designed to help you.
You Are Not Required to Give a Recorded Statement
An adjuster may claim a recorded statement is required to evaluate your claim, but in reality, you have no obligation to provide one. The purpose of a recorded statement is often to ask questions in a way that can later be used against you. Your credibility matters a great deal in an injury case, which is why protecting it from the start is so important. If your claim is still being investigated, it is best to consult with a qualified injury attorney before giving any statement.
A "Final Offer" Usually Is Not the Best Offer
During negotiations, an insurance company will often claim that an offer is final. In reality, this is rarely their best offer. There is little to lose by proposing a different settlement amount, and sometimes pursuing a claim further, including through a lawsuit, is necessary to get a fair result.
Insurance Adjusters May Try to Frustrate You
When a friendly approach does not work, some adjusters intentionally make a low initial offer hoping frustration will lead an injured person to accept it just to be done with the process. An experienced injury attorney knows these tactics and can deal with the insurance company directly, allowing Kalona residents to focus on healing rather than negotiating.
Your Medical Bills May Not Be Paid as You Incur Them
An adjuster may ask that medical bills be sent directly to them, but this does not guarantee the bills will actually be paid. This tactic can pressure injured residents into settling cheaply once collection calls start coming in from creditors and medical providers. In car accident and personal injury cases, it is often better to have medical bills paid through health insurance or medical payments coverage under an auto policy while the claim is being resolved.
Filing a Claim for a Head Injury from a Bike Accident in Kalona
Bicyclists, especially those who do not wear helmets, face a serious risk of sustaining a head injury in an accident with a motor vehicle. Victims and their loved ones may feel overwhelmed by the process of filing an injury claim after this type of injury. Here is what Kalona cyclists should know about the claims process, the damages they may be entitled to, and the next steps to take.
Who Is Liable for the Injuries?
The first step in the claims process is determining who is responsible for the damage. In Iowa, the party at fault for the injury is the one liable for it. In a bike accident, the motor vehicle driver involved is often to blame, meaning the driver's insurance is typically responsible for paying damages.
How to Prove Liability
The at-fault driver may try to avoid responsibility by claiming the cyclist contributed to the crash. Liability can be substantiated with police reports, physical evidence from the scene such as broken bicycle parts, and witness testimony. It is also necessary to prove that the head injury was a direct result of the accident rather than something unrelated to it.
How Much Compensation Is Available?
The insurance adjuster overseeing the claim determines how much compensation is offered, and the amount depends on the extent of the damages suffered. Factors considered include the extent of the injuries, the amount of medical bills, whether time was lost from work or the ability to work was affected, and whether the bicycle needs to be replaced. If a Kalona cyclist was partially at fault for the accident, the damage amount may be reduced. For example, since rear bicycle lights are becoming mandatory in Iowa, riding at night without them could be used to argue that the cyclist contributed to the crash through negligence.
When a Settlement Offer Is Not Enough
If a Kalona cyclist is offered a settlement that is not sufficient, there is no obligation to accept it. There is a right to negotiate for a higher amount, and if necessary, to file a claim against the at-fault driver in civil court. Any such claim must be filed within two years, under Iowa Code section 614.1. Because brain injuries often result in significant damages, a civil suit may be necessary to recover full compensation.
How an Attorney Can Help
A Kalona resident who has suffered a head injury in a bike accident may be limited by physical or mental challenges that make it difficult to handle a claim alone. Many people also simply do not know how to file a claim or what steps are needed to recover full damages. An experienced attorney can help ensure the claims process moves as smoothly and fairly as possible.