Manson Workers Compensation Attorneys

Thousands of Iowans drive vehicles as part of their job, and every year some of them are hurt in car and truck accidents while working. That situation raises questions about workers' compensation coverage, whether a third party might also be liable, and what kind of settlement the workers' comp insurance company might eventually offer. The Manson workers' compensation attorneys at Walker, Billingsley & Bair want local workers to understand all three.

Injured in a Car Accident Driving a Company Vehicle

If you are driving a company vehicle as part of your job when you are hurt, you have a workers' compensation claim. However, if you were not driving the vehicle as part of your work at the time of the crash, chances are you probably do not have a workers' compensation claim. For example, if you are allowed to drive your company car for personal errands and are in a crash on the way to run one of those errands, it likely will not be covered by workers' compensation, though if the other driver was at fault, you may still have a personal injury claim.

How Will Your Medical Bills Be Paid?

If you are under the workers' compensation system, your employer's workers' comp insurance should pay for your medical bills. Under Iowa law, they are also allowed to direct your medical care, meaning going to the doctors they want to send you to, 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 Will Pay 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 workers' compensation check. Another scenario is that you are given work restrictions but are unable to do your normal job and your employer pays you less. If this happens, you should receive temporary partial disability benefits, which represent two-thirds of the difference between the gross wages you made before you were injured and what you are making after your injury.

How Much Will Your Weekly Check Be?

This depends on your earnings before you were hurt, your marital status, and how many dependents you claim on your taxes. Generally, your weekly amount will be a little lower than your take-home, after-tax weekly wage. However, keep in mind that these workers' compensation benefits are not taxable, so you will not have to pay income or other taxes on them.

What If Another Driver Caused the Accident?

It is better for you if another driver caused the crash instead of you, since they also have what is called a third-party claim, a personal injury claim you have against the negligent driver. While this is good, it does create some legal obstacles. The workers' compensation insurance company has the right to get paid back from any money you recover against the negligent driver, and if you are not represented by an attorney, you will likely see little, if any, of the money that exchanges hands between the insurance companies.

Third-Party Claims After a Manson Work Accident

If you were injured in a work accident, you may be able to pursue a third-party claim in addition to workers' compensation. An attorney can evaluate your case to determine who was negligent in your work-related accident and whether it involved someone outside of your place of employment.

Overview of a Third-Party Claim

Employees cannot sue their employers for injuries that occur while at work if they accept payments from workers' compensation. Employers are protected from lawsuits when these benefits are paid, even if an employer was clearly negligent and was the direct cause of your injuries. However, in some cases your injuries may have been caused by another person or company who is not related to your place of employment, which may lead you to file a third-party claim. A third party may be negligent for part or all of your injuries, and a workers' compensation attorney can help make this determination based on the circumstances surrounding your accident.

Liability in a Third-Party Claim

Liability for a third-party claim depends on the specific circumstances surrounding your accident. For instance, if you were injured on the job because of a defective product, liability may be found with the manufacturer. If you were injured while on the job at another company's site, liability may be found with the property owner through a premises liability claim. If you were driving your company vehicle near Manson and another driver ran a red light and struck you, that driver may be held liable through a personal injury claim.

Workers' compensation benefits will cover your medical expenses and lost wages, but you cannot receive other types of damages such as pain and suffering, mental anguish, or punitive damages through that system alone. With a third-party claim, you may be able to recover damages that go above and beyond just medical expenses and lost wages, which is important in cases where injuries are severe, since there are limits on how much you can receive from workers' compensation alone.

What Will the Iowa Workers' Compensation Insurance Company Offer for Your Work Injury?

After a work injury near Manson, your workers' compensation insurance company may offer one of several types of settlements. Your settlement will depend on the unique circumstances of your work injury, and a workers' compensation attorney can explain these differences to you.

Types of Settlements You May Be Offered

An agreement for settlement is when all parties decide on an amount, and once approved, it serves to protect an employee's future rights and secure their compensation. A compromise settlement is used when there is a dispute about the benefits, and once it is filed and approved, the parties no longer have rights to any future benefits for the injury settlement. A contingent settlement is dependent upon a specific event, such as when Medicare has to approve the settlement as well, and if that event does not happen, the approval and settlement may be voided. A combination settlement establishes a claim with an agreement of settlement and eliminates the remaining balance of the claim with a compromise settlement. Lump sum payments, while not typical, are sometimes awarded, which may include a lump sum payment of all remaining future benefits or a partial lump sum payment covering part of the remaining future benefits.