Lawyer, Lawyer, Dutton, Drake & Conklin, L.L.P. Blog | West Des Moines, IA

Can I Afford a Workers' Compensation Attorney in Ankeny or throughout Iowa?

Tue, 21 Apr 2026 17:48:06 GMT

Can I Afford a Workers' Compensation Attorney in Ankeny or throughout Iowa?

Injured workers often worry that they can’t afford legal help—especially when dealing with lost income and rising medical bills. One common question we hear is:

“What does it cost to hire a workers’ compensation attorney?”

Your first step should be to call a qualified workers' comp attorney for an initial consultation. In most cases, this conversation is completely free and can often be done over the phone.

During the consultation, the attorney will:

Ask about the details of your injury and job
Review your background and medical issues
Help you understand your basic legal rights

After this discussion, you can decide whether hiring the attorney is right for you.

Most Work Comp Cases Use Contingency Fees

The good news is that most workers’ compensation attorneys in Iowa work on a “contingency fee” basis. That means:

You don’t pay upfront
You only pay if your attorney recovers money for you
The attorney’s fee comes from a portion of your settlement, not your pocket

If you’re worried about monthly legal bills—don’t be. Most injured workers choose contingency fee arrangements for this exact reason.

What Should You Ask?

When you first call a law office, be sure to ask:

Do you offer a free consultation?
Do you handle cases on a contingency fee basis?

Most attorneys who handle Iowa work comp claims will say “yes” to both.

Don’t go it alone if you’re unsure about your rights.

A free consultation could make all the difference—and cost you nothing upfront. Contact LLDDC Law, your work injury attorneys near Ankney, today to find out how we can help.

Helping injured Iowans throughout Iowa since 1979.

Should I Talk to an Attorney Before Speaking to the Insurance Adjuster About an Accident in Ankeny, IA?

Mon, 06 Apr 2026 13:14:43 GMT

Should I Talk to an Attorney Before Speaking to the Insurance Adjuster?

After an accident, it often feels like the insurance company is trying to help. The adjuster may sound friendly, concerned, and eager to “get your side of the story.”

That leads many injured Iowans to ask:

“What happens if I talk to the insurance company without a lawyer?”

The truth is — what you say early on can directly affect how much compensation you receive, or whether you receive any at all.

________________________________________

Why Insurance Adjusters Call So Quickly

Insurance adjusters are trained professionals whose job is to protect the insurance company, not you. They often reach out within hours or days of an accident to:

Get recorded statements
Lock in details before injuries fully develop
Identify ways to reduce or deny liability
Minimize the value of your claim early

Even casual conversations can be used later to challenge your injuries or credibility.

________________________________________

What Can Go Wrong If You Talk First

When injured people speak to adjusters without legal guidance, we often see:

Statements taken out of context
Admissions of partial fault (even unintentionally)
Injuries minimized because symptoms worsen later
Pressure to accept quick, low settlements
Recorded statements used against them months later

Once something is said on record, it cannot be taken back.

________________________________________

Do You Have to Talk to the Insurance Company?

No — you are not required to give a recorded statement to the other party’s insurance company.

In many cases, the safest response is:

“I’m seeking legal advice and will follow up.”

That simple sentence protects your rights.

________________________________________

How Personal Injury Lawyers Help Early On

Speaking with a personal injury lawyer before talking to the insurance company allows you to:

Understand what information should — and should not — be shared
Avoid damaging statements
Ensure evidence is preserved
Let your attorney handle all communication
Focus on medical treatment and recovery

At LLDDC Law, we step in immediately so insurance companies deal with us — not you.

________________________________________

Serving Ankeny and Surrounding Iowa Communities

If you were injured in Ankeny or nearby Iowa communities and the insurance company is calling, don’t feel pressured to respond right away.

Free consultation

No fee unless we win

The right conversation at the right time can protect your case.

Can I Get Fired After Filing a Workers’ Comp Claim in Iowa?

Wed, 25 Mar 2026 12:31:54 GMT

Can I Get Fired After Filing a Workers’ Comp Claim in Iowa?

After a work injury, many employees hesitate to file a workers’ compensation claim because they’re afraid of losing their job.

It’s one of the most common questions we hear:

“Can my employer fire me for getting hurt at work?”

The short answer in Iowa is no — not legally.

But the full answer deserves some explanation.

________________________________________

Iowa Law Protects Injured Workers

Under Iowa law, it is illegal for an employer to retaliate against an employee for filing a valid workers’ compensation claim. Retaliation can include:

• Firing

• Demotion

• Reduced hours

• Unfair discipline

• Harassment after reporting an injury

If an employer takes negative action because you filed a claim, that may be grounds for a separate legal claim in addition to workers’ compensation benefits.

________________________________________

Why Workers Still Get Fired After Filing Claims

Even though retaliation is illegal, some employers try to justify termination by claiming:

• “Performance issues”

• “Company restructuring”

• “Attendance problems”

• “Violation of company policy”

That’s why timing and documentation matter. When termination happens shortly after an injury or claim, it raises serious legal red flags.

________________________________________

Can an Employer Ever Fire an Injured Worker?

Yes — but not because of the claim itself.

An employer may legally terminate an employee if:

• The business is closing or downsizing

• The worker violates clear company policy

• The employee cannot perform essential job duties after reaching maximum medical improvement and no reasonable accommodation exists

However, firing someone because they filed a workers’ comp claim is unlawful.

________________________________________

What You Should Do If You’re Injured at Work

If you’ve been hurt on the job in Des Moines or anywhere in Iowa:

1. Report the injury immediately

2. Get medical treatment

3. Document everything

4. Avoid quitting or resigning without legal advice

5. Speak with a workers’ compensation attorney before making decisions

Quitting or being terminated can significantly affect your benefits — and your rights.

________________________________________

Talk to Workers’ Compensation Attorneys Who Protect the Injured

At LLDDC Law, we represent only injured workers — never employers or insurance companies.

If you’re worried about your job after a work injury, we can help you understand:

• Your workers’ compensation benefits

• Your employment protections

• Whether retaliation may be occurring

Des Moines, IA

Free consultation

No fee unless we win

You don’t have to choose between your health and your livelihood.

Why You Should Always Report a Personal Injury Right Away in Iowa

Mon, 09 Mar 2026 12:50:37 GMT

Why You Should Always Report a Personal Injury Right Away in Des Moines or Anywhere in Iowa?

After a fall—whether on a cracked sidewalk or in a store with no one around—it can be tempting to brush it off and move on. But if you’re hurt, one of the most important steps you can take is this:

Report the injury immediately.

Why Early Notice Matters in a Personal Injury Case

Notifying the property owner or business right away protects your legal rights and strengthens your potential case. Here’s why:

Preserves evidence: Conditions like ice, spills, or broken flooring can be quickly cleaned up or repaired. Taking action early allows the other party to document the scene before it changes.
Allows investigation: Property owners can take witness statements, review video footage, and possibly uncover facts that show their own responsibility.
Supports your credibility: Prompt reporting helps establish that the injury actually occurred where and when you say it did.

Even if there are no witnesses, early notice gives everyone a fair opportunity to understand what happened—and may help prove fault.

Don’t Wait to Speak Up

Waiting days or weeks to report a fall can lead to skepticism, lost evidence, or even denial of your claim. If you’re injured, report it immediately—even if you’re not sure how serious the injury is.

Then, consider speaking with a personal injury attorney to learn more about your rights.

Injured in a fall in Des Moines or somewhere in Iowa?

We’re here to help you navigate what comes next. Contact LLDDC Law today for a free consultation.

What Happens When Two Doctors Disagree About Your Work Restrictions?

Mon, 23 Feb 2026 22:20:56 GMT

What Happens When Two Doctors Disagree About Your Work Restrictions?

A common problem injured workers face is when two doctors offer conflicting opinions about whether they can return to work. For example:

An orthopedic specialist says you should stay off work for a month, but on the same day, the company doctor clears you to return.

So which opinion should you follow?

Start by Talking to Both Doctors

It’s possible the doctors aren’t aware of each other’s recommendations or don’t have the full picture. Make sure:

Both doctors understand your job duties
Both doctors know about the other’s opinion

Miscommunication can often be resolved by making sure everyone is on the same page.

Whose Opinion Matters More?

In most cases, especially with serious injuries like back trauma, the opinion of a treating orthopedic specialist will carry more weight than that of a general company physician. The Iowa Workers’ Compensation Commissioner often gives more credibility to specialists with focused expertise.

What If the Disagreement Continues?

If the dispute isn’t resolved after clarification:

Notify the work comp insurance company immediately
Document your symptoms and limitations
Consider speaking with a qualified work comp attorney

Sometimes company doctors are pressured to return employees to work too soon. In these cases, your health and legal rights may be best protected by relying on the specialist’s opinion.

Don’t risk worsening your injury.

If you're facing conflicting medical advice after a work injury, we can help you understand your options and advocate for your health. Contact LLDDC Law of Urbandale, IA today for a free consultation.

Do I Have a Case If the Accident Was Partly My Fault in West Des Moines or Anywhere in Iowa?

Mon, 09 Feb 2026 16:57:53 GMT

Do I Have a Case If the Accident Was Partly My Fault in West Des Moines or Anywhere in Iowa?

After an accident, many injured people hesitate to call a lawyer because they believe they were “partly to blame.” It’s one of the most common questions we hear:

“Can I still get compensation if the accident was my fault in Iowa?”

The short answer: Yes — you may still have a case.

And in many situations, injured Iowans recover significant compensation even when they share some responsibility.

Iowa Uses Comparative Fault — Not an All-or-Nothing Rule

Iowa follows a legal rule called comparative fault. This means fault can be shared between multiple parties, including you.

Under Iowa law:

You can recover compensation as long as you are 50% or less at fault
Your compensation is reduced by your percentage of fault
If you are more than 50% at fault, you cannot recover damages

Example:

If your case is worth $100,000 and you are found 20% at fault, you could still recover $80,000.

Common Situations Where Fault Is Shared

Many injury cases are not black and white. Fault is often divided in situations like:

Rear-end collisions involving sudden stops
Intersection crashes where both drivers made mistakes
Slips and falls where a hazard existed but footwear or distractions are questioned
Multi-vehicle crashes on Iowa highways
Workplace injuries involving unsafe conditions and employee actions

Insurance companies love these situations — because shared fault gives them a reason to reduce or deny claims.

Why You Should Never Assume You’re “At Fault”

Insurance adjusters may quickly suggest that you caused the accident or share significant blame. That’s not accidental — it’s strategic.

What matters is:

Police reports
Witness statements
Video footage
Medical records
Accident reconstruction
Iowa case law

What you say immediately after an accident can be used against you later. Even saying “I’m sorry” can be twisted into an admission of fault.

How Injury Attorneys Protect Your Right to Compensation

Experienced injury attorneys know how to:

Push back against exaggerated fault claims
Preserve and analyze evidence early
Challenge insurance company assumptions
Ensure fault is assigned fairly under Iowa law

At LLDDC Law, we represent only the injured — never insurance companies. Our role is to protect your credibility and fight for every dollar you’re entitled to under the law.

Talk to West Des Moines Injury Attorneys Before Deciding You Don’t Have a Case

If you were injured and believe you may be partly at fault, don’t disqualify yourself before getting answers.

Fault in Iowa is rarely as simple as insurance companies claim. LLDDC Law offers a free consolation and no fee unless we win, contact us today!

Are Personal Injury or Workers’ Comp Settlements Taxable? | LLDDC Law | Urbandale, Iowa

Tue, 20 Jan 2026 21:01:47 GMT

Is a Personal Injury or Workers’ Compensation Settlement Taxable?

Q: If a worker injures an arm or leg, are they entitled to benefits for losing their job?

If you’ve been injured and received a settlement, you may be wondering:

“Will I have to pay taxes on the money I received?”

The General Rule: Settlements Are Not Taxable

I n most cases, personal injury and workers’ compensation settlements are not considered taxable income under federal law. That means you typically won’t owe income tax on money received for:

Medical bills
Pain and suffering
Lost wages (if part of a personal injury claim)
Permanent disability or impairment

The reasoning is simple: these payments are not “earned” like wages. The payment is meant to compensate you for harm, not to provide income .

When to Be Cautious

While most of your settlement is likely non-taxable, there are exceptions:

Interest on the settlement may be taxable.
Punitive damages (rare in Iowa injury cases) are usually taxable.

Always Get Professional Advice

Everyone’s situation is different. You should consult with:

A qualified tax professional or accountant
The Internal Revenue Service (IRS) directly
Or, speak to your attorney to help clarify what portion (if any) of your settlement might be taxable

Injured and unsure about your legal or tax rights?

We can help you understand the full picture. Contact LLDDC Law , your experienced personal injury and workers' compensation attorneys in Urbandale, for a free consultation.

The Iowa Second Injury Fund – Can You Get Extra Benefits If You’ve Lost Your Job After an Arm or Leg Injury?

Mon, 05 Jan 2026 19:02:55 GMT

The Iowa Second Injury Fund – Can You Get Extra Benefits If You’ve Lost Your Job After an Arm or Leg Injury?

Q: If a worker injures an arm or leg, are they entitled to benefits for losing their job?

A: Yes. In Iowa, if a worker suffers an injury to their arms or legs and it significantly impacts their ability to keep a job or find new work, they may be entitled to additional compensation under the Iowa Second Injury Fund Act—on top of regular workers’ compensation benefits.

What Is the Second Injury Fund?

The Second Injury Fund was created to help workers who have multiple injuries to different parts of their hand, foot and eye. If those combined injuries make it hard—or impossible—for them to stay in the workforce, the Fund provides extra benefits to help make up for that loss.

Here’s the catch: it only applies if the worker had prior injuries to different limbs before the most recent work injury. The purpose of the Fund is to recognize the combined impact of multiple injuries on a worker’s ability to earn a living.

What Should You Do?

If you’ve had injuries to more than one arm or leg—and your ability to work has taken a serious hit—it’s important to talk to a workers’ compensation attorney right away. The rules around the Second Injury Fund are complex, and the recent legislative changes may affect your eligibility.

Final Thought

Don’t assume that a scheduled member injury (like to an arm or leg) in a workers' compensation case limits your options. If previous injuries or a new disability are keeping you out of work, the Second Injury Fund might offer a lifeline. Call LLDDC Law for legal advice to protect your rights.

Personal Injury: Dealing with Insurance Company Surveillance in Des Moines, IA and Surrounding Areas

Mon, 22 Dec 2025 15:03:17 GMT

Personal Injury: Dealing with Insurance Company Surveillance in Des Moines and Throughout Iowa

After a serious injury, you might be surprised—and understandably frustrated—to find that the insurance company involved in your case has hired a private investigator to monitor your activities. Many people in personal injury and workers' compensation cases face this type of surveillance, which is generally permissible under current laws and practices. While this might feel invasive, understanding what’s happening and how to respond can make a big difference in protecting your case.

Why Do Insurance Companies Use Surveillance?

Insurance companies typically have two main goals when they conduct surveillance:

1. Documenting Your Level of Activity

Insurance companies hope to catch you doing something that might seem inconsistent with your claimed injuries. For instance, if you’re recovering from a serious back injury, but are observed lifting heavy items, they may question the extent of your limitations.

2. Challenging Your Credibility

Another tactic involves using recorded evidence to contradict your statements. For example, if they obtain footage of you shoveling snow and you later testify that you can’t do such activities, this discrepancy can be used to challenge your credibility.

What Can You Do?

Unfortunately, there’s little you can do to prevent surveillance. However, knowing it may happen is a valuable advantage, as it allows you to take a straightforward, proactive approach.

1. One of the most common fears is that admitting you can perform certain activities—even with limitations—will hurt your case. But the opposite is often true. If you deny doing something they’ve captured on camera, it may seriously harm your credibility, which can reduce the value of your claim.

In the end, the best defense against surveillance is honesty. The most valuable asset in any injury case is your credibility. By staying truthful and not overstating limitations, you protect the integrity of your claim and help ensure that you’re treated fairly. Give LLDDC Law, your Des Moines' injury attorneys, a call. The call is 100% free and there is no cost to you until we take your case and win.

Can the Workers’ Compensation Insurance Company Switch My Doctor in Iowa?

Mon, 08 Dec 2025 15:42:29 GMT

Can the Workers’ Compensation Insurance Company Switch My Doctor in Iowa?

If you’ve been injured at work, one of the most important parts of your recovery is having a doctor you trust. So when the workers’ compensation insurance company switches your doctor, it can be confusing and upsetting.

Can they do that?

In Iowa, yes—but there are limits.

Who Chooses Your Doctor?

Under Iowa law, if the employer or insurance company accepts responsibility for your injury, they have the right to choose your treating physician. But that care must be:

Appropriate for your injury,
Provided in a timely manner, and
Within a reasonable distance if similar care is available locally.

When Is a Doctor Switch Allowed?

While the insurance company can change doctors, they must have a valid reason—such as the original doctor no longer being available. Cost savings or convenience alone aren’t good enough.

If you’ve been receiving effective treatment and the insurer tries to make a change without explanation, you have the right to challenge it.

What You Can Do

1. Ask for an explanation.

Request a clear reason for the switch.

2. Speak up.

Let the adjuster know if the current doctor is helping your recovery.

3. Document everything.

Keep notes on appointments, communications, and changes in care.

4. File a Petition.

You can ask the Iowa Workers’ Compensation Commissioner to review the change.

Why It Matters

Changing doctors can disrupt your care and affect your recovery. A consistent provider knows your history, tracks your progress, and builds trust—key to healing.

Talk to an Attorney

If your care has been changed unfairly, a workers’ compensation attorney can help protect your rights and ensure you get the treatment you need.

Is the Insurance Company Trying to Change Your Doctor?

You don’t have to go through it alone. At LLDDC Law, we help injured workers stand up for their right to quality care.

Holiday Travel & Iowa Roadways: What Injured Drivers Need to Know Before the Season Begins

Sat, 22 Nov 2025 22:32:44 GMT

Holiday Travel & Iowa Roadways: What Injured Drivers Need to Know Before the Season Begins

Holiday travel brings family, celebration… and a serious spike in Iowa car accidents. With more vehicles on the road and winter weather on the way, crash risks increase dramatically from November through New Year’s Day.

Understanding these dangers—and your legal rights—can protect your family and your financial future. And if the worst happens, LLDDC’s experienced injury team is here to help. We work ONLY for the injured, never the insurance companies.

Heavy Holiday Traffic Creates Dangerous Conditions

When Congestion Causes Multi-Vehicle Crashes

Holiday traffic in Iowa can surge more than 30%, especially around Des Moines, Cedar Rapids, and major interstates like I-35 and I-80. These crowded highways often result in:

Chain-reaction pileups
Rear-end collisions
Multi-car crashes on icy bridges
High-speed injuries from sudden slowdowns

When traffic is heavy, even one careless driver can cause life-changing injuries. Victims often end up with major medical bills, missed work, and long-term rehabilitation needs.

LLDDC has more than 161 years of combined experience proving fault in multi-vehicle crashes and holding negligent drivers accountable.

How Holiday Stress Leads to Dangerous Driving

With tight schedules, gift shopping, and family pressures, holiday stress increases aggressive driving behaviors such as:

Road rage
Unsafe lane changes
Following too closely
Speeding during heavy traffic

These behaviors create clear negligence. If a stressed or frustrated driver caused your injuries, you have the right to pursue full compensation for medical care, lost wages, and pain and suffering.

High-Risk Travel Times During the Holiday Season

Iowa consistently sees accident spikes on:

Wednesday before Thanksgiving (busiest travel day of the year)
Sunday after Thanksgiving
December 23rd & Christmas Eve
New Year’s Eve & New Year’s Day
Friday afternoons in December
Highway routes to airports and shopping districts

If you’re traveling during these windows, extra caution is essential.

Winter Weather Accidents: Liability Still Applies

Ice & Snow Do NOT Excuse Negligence

Winter weather contributes to a significant increase in crashes—but many of those accidents still involve negligence. Drivers may be liable if they:

Fail to slow down
Don’t keep a safe following distance
Drive with bald tires or poor brakes
Ignore roadway warnings

LLDDC’s injury attorneys know how to prove negligence in winter conditions by analyzing speed, skid marks, vehicle maintenance, and eyewitness evidence.

Poor Vehicle Maintenance Increases Risk

Drivers who don’t winterize their vehicles can cause completely preventable crashes. Failing to maintain:

Tires
Brakes
Windshield wipers
Defrosters

…can establish clear negligence.

Holiday Drunk Driving Crashes: A Serious Iowa Problem

DUI crashes spike sharply from Thanksgiving through New Year’s Day and often lead to catastrophic injuries including:

Traumatic brain injuries
Spinal cord injuries
Internal injuries
Multiple fractures
Fatalities

LLDDC aggressively pursues full compensation in drunk driving cases and examines whether alcohol providers may share responsibility under Iowa law. These cases often qualify for punitive damages because of the extreme negligence involved.

Distracted Driving During the Holidays

Holiday distractions—from phone calls to coordinating travel plans—cause thousands of preventable crashes. Common holiday distractions include:

Texting and driving
Checking GPS or travel updates
Taking photos or videos
Passengers, especially children
Looking at holiday lights or decorations

Phone records, witness statements, and vehicle data can prove distraction, giving victims a strong case for compensation.

Long-Distance Holiday Travel & Driver Fatigue

Drowsy Driving Is as Dangerous as Drunk Driving

Long drives from one Iowa town to another—or across state lines—often cause fatigue-related crashes. Fatigue can result in:

Drifting into oncoming traffic
Rollovers
Rear-end crashes
Delayed reaction times

Commercial drivers are held to even stricter standards, and fatigue violations often create substantial liability.

LLDDC’s team investigates rest breaks, driver logs, travel history, and electronic data to prove negligence.

Injured in a Holiday Crash? LLDDC Is on Your Side.

Holiday accidents can change your life in seconds—but you don’t have to face the insurance companies alone.

Lawyer Lawyer Dutton Drake & Conklin offers:

No Fee If You Don’t Win
Free consultations
Over 161 years of combined legal experience
Millions recovered for injured Iowans
A team that works ONLY for the injured—never insurance companies

We fight for the compensation you deserve so you can focus on healing.

Call 515-224-4400

Visit www.lldd.net

It’s free to chat—get answers today.

Am I Getting the Right Weekly Workers’ Compensation Benefits in Iowa?

Mon, 17 Nov 2025 00:33:08 GMT

Am I Getting the Right Weekly Workers’ Compensation Benefits in Iowa?

After a work injury, many employees wonder:

“Is the insurance company paying me the correct weekly amount?”

It’s a critical question. Iowa law entitles injured workers to weekly compensation if they miss more than three days of work. But how that payment is calculated isn’t always clear.

How Weekly Workers’ Compensation Rates Are Calculated

Your weekly check is based on your gross average weekly wage from the 13 weeks before your injury. This includes:

Your hourly rate

The average number of hours worked, including overtime (at straight time)

Certain bonuses or shift differentials

Example:

If you earned $10.50/hour and averaged 43 hours per week (including 3 overtime hours), your gross weekly wage would be:

$10.50 × 43 = $451.50

If you’re married with three children, your workers’ comp rate would be around $304.46.

Why It’s Important to Double-Check

No two cases are the same. Hours, dependents, second jobs, or bonuses can all affect the calculation. Insurance companies sometimes make mistakes—or leave out important details.

What You Can Do

Ask the insurance company for a written breakdown of how they calculated your rate.
Contact the Iowa Workers’ Compensation Commissioner to confirm the accuracy.
Talk to a qualified attorney to ensure you’re getting paid fairly.

We Can Help

If you’re unsure about your workers’ compensation rate, we’re here to help. Contact LLDDC Law for a free consultation to review your case and protect your rights.

Personal Injury: Health Insurance Right to Repayment in Des Moines & throughout Iowa

Thu, 23 Oct 2025 13:19:10 GMT

Personal Injury: Health Insurance Right to Repayment in Des Moines and Throughout Iowa

Question 1. Usually after an automobile accident the medical bills are initially paid by the victim's health insurance. A letter then comes from the health insurance company stating that there are subrogation rights under the policy. Clients often ask whether they have to repay the health insurance company out of the settlement they receive from the negligent person's insurance company.

Answer: M ost health insurance policies have provisions which require repayment of any medical benefits paid as the result of an accident if there is a recovery from a negligent party or that party's insurance company. Without this provision the health insurance carrier has no right to be repaid out of the proceeds of any recovery from a negligent party. The rationale for allowing reimbursement to the health insurance carrier, if there is a policy provision requiring this, is to avoid a double recovery on the part of the injured victim. Since, in most cases, part of the recovery by the victim will be for medical bills incurred, that portion of the recovery should be repaid to the entity that originally paid those bills.

Where there is a health insurance provision allowing reimbursement, full repayment is rarely allowed under the law. This is true irrespective of what the policy says. The reason for this lies in fairness principles which have been made law in Iowa.

For example, if the injured victim does not make full recovery of their damages due to a reduction for comparative fault or if there is inadequate insurance to cover the full damages, then the recovery by the health insurance company should be reduced. Additionally, costs incurred in making the recovery in the form of attorney fees and case preparation costs can also reduce the recovery by the health insurance carrier.

There are numerous factors which determine the amount that the health insurance carrier should be reimbursed out of any settlement, the amount is usually negotiated between your injury attorney and the health insurance carrier. If they cannot agree then the court will determine the amount. Give the top injury attorneys in Des Moines, LLDDC Law a call today. The call is 100% free and there is no cost to you until we take your case and win.

Workers' Compensation: Getting a Second Opinion in Waukee and Throughout Iowa

Mon, 13 Oct 2025 12:49:57 GMT

Workers' Compensation: Getting a Second Opinion in Waukee and Throughout Iowa

If you’ve received a disability rating from a company doctor but believe the rating is inaccurate or too low, you may wonder if you have options for a second opinion. The good news is that Iowa workers' compensation law provides a pathway for injured workers to seek an independent medical examination (IME).

Your Right to a Second Opinion

Under Iowa Code § 85.39, an injured worker can request an independent medical examination if certain conditions are met:

1. Work-related injury: The injury must be accepted as work-related.

2. Existing disability rating: You must already have received a disability rating from the company doctor.

3. Reasonable belief of error: You must have a reasonable belief that the company doctor’s rating is inadequate or too low.

If these criteria are met, you have the right to an IME with a doctor of your choosing.

How to Get a Second Opinion

The process for obtaining an IME is generally straightforward. Once the above conditions are satisfied, you can contact the workers’ compensation insurance company to request the second opinion. In many cases, a phone call is enough to initiate the process. Here’s what to expect:

Choose your doctor: The insurance company will work with you to arrange an appointment with the doctor you select.
Payment arrangements: The insurance company is responsible for covering the cost of the IME.

Important Considerations

It’s essential to understand that obtaining a second opinion does not mean you can switch to a new doctor for ongoing treatment. In most cases, the company doctor will remain responsible for your medical care.

If you encounter resistance from the insurance company or need assistance navigating the process, you can:

Contact an attorney: A workers’ compensation attorney near Waukee at LLDDC Law can advocate for your rights and help ensure you receive the second opinion you’re entitled to.
Reach out to the Iowa Industrial Commissioner: They can provide guidance on enforcing your right to an IME.

Final Thoughts

A disability rating can significantly impact your workers' compensation benefits, so it’s important to ensure that the rating is accurate and fair. If you believe your rating is incorrect, don’t hesitate to seek a second opinion. By understanding your rights and seeking professional guidance, you can protect your interests and receive the benefits you deserve.

Why You Should Always Report a Personal Injury Right Away in West Des Moines and throughout Iowa

Thu, 02 Oct 2025 13:02:52 GMT

Why You Should Always Report a Personal Injury Right Away in West Des Moines and Throughout the state of Iowa

Report the injury immediately.

Why Early Notice Matters in a Personal Injury Case

Notifying the property owner or business right away protects your legal rights and strengthens your potential case. Here’s why:'

Preserves evidence: Conditions like ice, spills, or broken flooring can be quickly cleaned up or repaired. Taking action early allows the other party to document the scene before it changes.
Supports your credibility: Prompt reporting helps establish that the injury actually occurred where and when you say it did.
Allows investigation: Property owners can take witness statements, review video footage, and possibly uncover facts that show their own responsibility.

Even if there are no witnesses, early notice gives everyone a fair opportunity to understand what happened—and may help prove fault.

Don’t Wait to Speak Up

Then, consider speaking with a personal injury attorney to learn more about your rights.

Injured in a fall?

We’re here to help you navigate what comes next. Contact LLDDC Law in West Des Moines today for a free consultation.

Can Injured Workers Be Reimbursed for Mileage and Expenses in Ankeny, IA?

Mon, 01 Sep 2025 18:06:54 GMT

Can Injured Workers Be Reimbursed for Mileage and Expenses in Ankeny and throughout Iowa?

After a work injury, many workers face extra costs—especially for travel to medical appointments. The good news? Iowa workers’ compensation law allows reimbursement for many of these expenses.

Mileage Reimbursement for Medical Care

Injured workers are generally entitled to round-trip mileage reimbursement for medical appointments, including:

• Doctor and specialist visits

• Surgeries and therapy sessions

• Trips to the pharmacy

Be sure to track your trips and submit them for payment.

What About Job Search Mileage?

Mileage for job hunting isn’t required by law, but some insurers may reimburse it to help injured workers return to work—so it’s worth asking your adjuster.

Other Reimbursable Costs

You may also be reimbursed for:

• Braces, crutches, or medical equipment

• Home modifications needed for recovery

Always check with the insurance company and save receipts.

If Reimbursement Is Denied

If the insurance company delays or refuses payment, speak with a work injury attorney at LLDDC Law. You have the right to be reimbursed for legitimate expenses.

Bottom line: Track your mileage, save receipts, and don’t hesitate to ask questions. You shouldn’t have to bear extra costs alone after a work injury.

Why You Should Always Report a Personal Injury Right Away in Des Moines and throughout Iowa

Mon, 01 Sep 2025 17:50:04 GMT

Why You Should Always Report a Personal Injury Right Away in Des Moines and Throughout Iowa

After a fall—whether on a cracked sidewalk or in a store with no one around in Des Moines, IA—it can be tempting to brush it off and move on. But if you’re hurt, one of the most important steps you can take is this:

Report the injury immediately.

Why Early Notice Matters in a Personal Injury Case

Notifying the property owner or business right away protects your legal rights and strengthens your potential case. Here’s why:

• Preserves evidence: Conditions like ice, spills, or broken flooring can be quickly cleaned up or repaired. Taking action early allows the other party to document the scene before it changes.

• Supports your credibility: Prompt reporting helps establish that the injury actually occurred where and when you say it did.

• Allows investigation: Property owners can take witness statements, review video footage, and possibly uncover facts that show their own responsibility.

Even if there are no witnesses, early notice gives everyone a fair opportunity to understand what happened—and may help prove fault.

Don’t Wait to Speak Up

Then, consider speaking with a personal injury attorney to learn more about your rights.

Injured in a fall?

We’re here to help you navigate what comes next. Contact LLDDC Law, Iowa's trusted personal injury attorneys, today for a free consultation.

What to Do If Your Repetitive Motion Work Injury Claim Is Denied in Ankeny and surrounding areas

Sun, 17 Aug 2025 21:25:46 GMT

Repetitive work injuries are real — and you don’t have to accept “No” as the final answer.

In this quick video, Workers’ Comp Attorney John Lawyer explains how these claims

work and what to do if your case was denied.

Whether you're typing at a desk, lifting heavy items in a warehouse, or doing the same

motion all day on a factory floor, these repeated tasks can wear your body down over

time. Unfortunately, injuries like carpal tunnel, tendonitis, rotator cuff damage, or

chronic back pain are often denied by workers’ compensation insurance carriers

— even when they’re legitimate and compensable.

Why Are Repetitive Motion Claims Denied So Often?

Insurance companies tend to doubt overuse or cumulative trauma injuries because

they happen slowly, not from a single accident. Common excuses for denial include:

There’s no specific date of injury.
You didn’t report it soon enough.
You had a pre-existing condition.
There’s not enough medical proof.

But don’t let these reasons stop you. Iowa law recognizes repetitive motion

injuries—and with the right documentation and support, you may be entitled to:

Medical treatment coverage
Lost wages
Mileage reimbursement for appointments
Permanent partial disability compensation

How to Strengthen Your Repetitive Motion Injury Claim

If you’ve been denied or haven’t filed yet, here’s how to protect your rights:

1. Get a Medical Diagnosis

Make sure your doctor documents the connection between your job and the injury.

Medical evidence is key.

2. Report the Injury

Even if it developed slowly, let your employer know as soon as possible and explain

how your work duties caused the condition.

3. Keep Records

Save copies of all medical visits, work restrictions, job duties, and communications with

your employer or the insurance company.

4. Consult a Workers’ Comp Attorney

Navigating a denied claim on your own is tough. Our team at LLDDC Law has decades

of experience fighting back against insurance companies — and we don’t charge a

fee unless we win your case.

Why Choose LLDDC Law?

At Lawyer, Lawyer, Dutton, Drake & Conklin, we’re not afraid to take on tough cases.

In fact, we’ve helped hundreds of injured Iowans recover benefits after being denied

for:

Repetitive lifting injuries
Typing/clerical injuries (carpal tunnel, tendinitis)
Factory overuse strain
Back and shoulder wear from construction work

We know the law. We know the system. And we’re on your side.

Serving Workers Across Iowa — Including Des Moines, Waukee, Ankeny, and

Beyond

If you or a loved one is struggling with a repetitive motion injury at work, don’t wait.

Call 515-224-4400 today for a free consultation

No fee unless we win your case

Can a Truck Driver Receive Workers’ Compensation After a Crash—Even If It Was Their Fault?

Wed, 06 Aug 2025 00:01:41 GMT

Can a Truck Driver Receive Workers’ Compensation After a Crash—Even If It Was Their Fault?

When a truck driver is injured in a traffic accident while on the job, a natural question arises: Can they receive workers’ compensation benefits—even if they caused the accident? Another common concern is what happens if the employer fires the driver afterward. These questions often come up after serious injuries, and the good news is that Iowa workers’ compensation law provides clear protections for injured workers—even those who may have made a mistake behind the wheel.

Workers’ Compensation Is a No-Fault System

One of the most important things to understand about workers’ compensation in Iowa is that it is a no-fault system. That means a worker who is injured in the course and scope of their employment is generally entitled to benefits regardless of who was at fault in causing the accident.

If a truck driver is injured in a crash while working, even if the accident was their fault, they are still eligible to receive workers' compensation benefits. These benefits can include:

Medical care for injuries related to the accident
Weekly compensation checks for time missed from work
Permanent disability benefits, if applicable
Vocational rehabilitation in some cases

The key is whether the injury occurred while the employee was performing job duties—not whether they were driving perfectly.

Getting Fired Doesn’t Cancel Workers’ Compensation Benefits

Sometimes employers terminate employees after a crash, especially if the accident was serious or caused significant damage. While that may be a separate employment issue, it does not cancel the worker’s right to receive workers’ compensation benefits.

Even if the employer had valid reasons to fire the worker—such as violating safety policies or company procedures—the firing does not destroy a valid workers’ compensation claim. In the eyes of Iowa law, the injury happened during the course of employment, and that’s what matters.

Fault Does Not Equal Forfeiture of Benefits

Let’s be clear: the fact that a truck driver was at fault in causing a motor vehicle accident does not disqualify them from receiving workers' compensation benefits. Many workers mistakenly believe that because they caused the accident, they don’t have a right to make a claim. That’s simply not true under Iowa law.

An injured worker might feel guilt or embarrassment if they made a mistake that led to a crash, but from a legal standpoint, their eligibility for benefits remains intact. Fault is irrelevant to whether benefits are owed.

The Importance of Seeking Legal Help

When injuries are serious, the consequences can be life-changing. Medical expenses, lost income, and the inability to return to work can put tremendous strain on a family. Unfortunately, some employers and insurance companies may try to discourage workers from pursuing their claims or suggest that they don’t qualify because of their own negligence.

That’s why it’s crucial for injured truck drivers to speak with an attorney familiar with Iowa workers’ compensation law. An experienced attorney can help ensure that the worker receives the medical care and income benefits they are legally entitled to and push back if the employer or insurance company tries to deny or minimize the claim.

Don’t Assume You Have No Case

Truck drivers play a vital role in our economy, and their work often puts them at greater risk of injury. If you or a loved one has been injured in a trucking accident while on the job—even if you believe you were at fault—don’t assume you have no right to benefits. Iowa law protects you, and you have the right to receive the compensation needed to recover and rebuild.

If you’ve been hurt in a work-related accident, contact LLDDC Law specializing in Iowa workers’ compensation claims to discuss your options and protect your rights.

Navigating the Complexities of Multi-Vehicle Pileups on the Interstates in Iowa

Mon, 21 Jul 2025 17:45:50 GMT

Navigating the Complexities of Multi-Vehicle Pileups on Iowa Interstates

Multi-vehicle pileups on the interstate are, unfortunately, common in severe car and truck accidents. With multiple vehicles involved, determining fault and securing compensation can become highly complex, especially when serious injuries occur. In these situations, victims often face uncertainty about who will be responsible for covering their damages.

Determining Fault in a Multi-Vehicle Accident

In pileups involving several drivers, it’s common for more than one party to share the blame. This can make it difficult to identify who is primarily at fault. However, under the law, if someone is more than 50% responsible for the accident, they can be held liable for 100% of your damages.

For example, in a collision involving three cars and a truck on Interstate 80 in West Des Moines, IA, if it’s determined that the truck driver is 60% at fault, the truck driver’s insurance company would be responsible for covering all of your damages, even if the other drivers share 40% of the fault. After compensating you, the truck driver's insurance company can then pursue the other drivers for their share of the blame.

This approach ensures that victims are fully compensated, even when fault is shared. It's based on a strong social policy to prioritize the recovery of victims from those primarily responsible for the accident.

Challenges with Insurance Coverage

In multi-vehicle pileups, inadequate insurance coverage is often a concern. When multiple people are injured, the insurance policy limits of those at fault may not be enough to cover all damages. In these cases, identifying the primary at-fault party becomes even more crucial. Securing compensation from one party who is largely at fault can provide victims with the financial recovery they need while allowing the responsible party's insurer to seek reimbursement from other at-fault drivers.

The Importance of Immediate Investigation

Determining fault in a pileup requires a thorough investigation. The longer you wait, the more difficult it becomes to gather the evidence needed to prove your case. Witness statements, accident scene details, and other critical pieces of information can be lost if not captured promptly.

That’s why our auto accident law firm prioritizes early investigation after a crash. We work with skilled investigators who have specialized experience in accident reconstruction. This ensures that we can build a strong case on your behalf, even in challenging multi-vehicle situations.

Why a Lawyer Can’t Investigate Alone

It’s important to note that while your accident attorney plays a vital role in guiding your case, they cannot act as both a witness and your legal representative. This is why we rely on professional investigators to gather the facts. Their work allows us to represent you effectively in court, using the solid evidence they’ve collected.

Conclusion: Protecting Your Rights After a Pileup

In summary, multi-vehicle pileups on Iowa interstates present unique challenges in determining fault and securing full compensation. By acting quickly and engaging an experienced auto injury attorney and investigator, you can ensure that your rights are protected and that you receive the compensation you deserve.

If you or a loved one has been involved in a complex freeway accident, don’t wait to seek help. Our Des Moines injury law firm is ready to investigate your case and fight for your recovery. The call is 100% free and there is no cost to you until we take your case and win.

Workers’ Compensation: Are You Being Short-Changed on Your Wage Rate in Iowa?

Mon, 07 Jul 2025 17:47:55 GMT

Workers’ Compensation: Are You Being Short-Changed on Your Wage Rate in Waukee or throughout Iowa?

One of the most common questions we hear from injured workers is whether time missed for vacation, illness, or holidays should count in calculating their workers’ compensation rate. The short answer? Not always — and including those weeks can cost you.

How Workers’ Comp Rates Are Calculated in Waukee and throughout the state of Iowa

For hourly workers, the compensation rate is typically based on the average weekly wage over the 13 weeks before the injury. But here’s the problem: many workers don’t work their “normal” schedule every week. Time off for illness, holidays, or vacation — even if paid — can significantly reduce the average.

This is especially true for workers who regularly put in overtime hours. If the insurance company includes a week where the worker was off for a few days — and only paid for 8 hours per day — that week may not reflect the true earnings. And overtime only counts at the straight-time rate, not time-and-a-half.

Why It Matters

If you’re not paid for time off, the shortfall in your rate can be severe. And since workers’ comp only pays 80% of your net wage, being short-changed on the base rate can create a serious financial burden.

For workers recovering from significant injuries like back, neck, or shoulder damage — especially where there’s permanent loss of earning capacity — that shortfall can add up to thousands of dollars over time.

Protect Yourself and Your Family

Don’t assume the insurance company is calculating your rate correctly. If your wage history includes missed time, or if you regularly work overtime, it’s worth having LLDDC Law, your trusted workers' comp attorneys, review your compensation rate.

Your benefits should reflect your true earning capacity — not a few short weeks that don’t tell the whole story.

Why Acting Fast After a Boating Accident Matters in Des Moines & Throughout Iowa

Wed, 25 Jun 2025 21:29:53 GMT

Why Acting Fast After a Boating Accident Matters: Evidence Can Disappear — and How One Call Can Save Your Case

-hint: Make The call. It’s Free-

When a boating accident happens, the aftermath can be devastating—and sometimes deadly. Two recent deaths on Iowa waterways are heartbreaking reminders that even the simplest oversights, like an obstructed warning sign, can change lives forever. In these cases, fast-moving water, and unseen low-head dam, and overgrown vegetation hid a crucial safety notice. The victims never saw the danger coming.

In tragic situations like these, the key to justice often lies in how quickly an investigation begins.

________________________________________

Evidence on the Water Fades Fast

Unlike car crashes, boating accidents happen in an environment that constantly changes. Water flow ebbs, or washes away debris, weather alters the scene, and natural growth—like tall grass or weeds—can obscure hazards in just days.

Without prompt documentation, vital evidence is lost:

• Photos and video of blocked warning signs

• Eyewitness accounts from other boaters

• GPS data or phone records

• Scene conditions (current, levels and visibility, etc.)

The longer you wait, the harder it becomes to prove what really happened.

________________________________________

What You Can Do After a Boating Accident

If you or someone you love has been injured or killed in a boating accident:

• Take photos or video of the scene (or ask someone to do it)

• Document conditions —was there signage? What were the weather and water conditions?

• Gather witness names and contact information

• Preserve the boa t, if possible, for later inspection

• Contact an experienced injury or wrongful death attorney … the call is free

________________________________________

Why Choose LLDDC Law

At Lawyer, Lawyer, Dutton, Drake & Conklin, we have decades of experience investigating complex accidents in Des Moines and across Iowa. Our team understands the unique challenges water accidents present—and how to build strong cases that stand up in court.

Whether you need a boat injury attorney or a wrongful death attorney to fight for a loved one, we’re on your side. We only represent the injured—not insurance companies—and we don’t get paid unless you win.

�� Watch the video above to learn more from Attorney Channing about the importance of a fast investigation.

�� Call today for a free consultation. There’s no cost to you unless we take your case and win.

Why Acting Fast After a Motorcycle Crash Matters More Than You Think

Sun, 08 Jun 2025 17:32:59 GMT

Why Acting Fast After a Motorcycle Crash Matters More Than You Think

Crazy things happen on Iowa’s roads. One second you’re riding your motorcycle—cautious, alert, and following the rules—and the next, an SUV cuts you off and knocks you to the ground. It happens fast. But what happens after can change everything.

Motorcycle crashes are often severe. But what many riders—and their families—don’t realize is how quickly critical evidence can disappear after a wreck.

Why Time Is Not on Your Side After a Motorcycle Accident

⚠️ Evidence disappears. Surveillance footage can be overwritten. Skid marks fade. Road debris gets cleared.

�� Witnesses forget. The longer you wait, the harder it is to track down people who saw what happened—and even if you do, their memories may fade or become unreliable.

�� Deadlines matter. In Iowa, you generally have two years to file a personal injury claim—but the sooner you act, the stronger your case.

That’s why it’s crucial to contact a motorcycle accident attorney in West Des Moines right away. At LLDDC Law, we launch an immediate investigation to preserve what matters most: your rights, your recovery, and your future.

What We Do After a Crash

Our team at LLDDC Law gets to work fast:

Collecting and securing any available camera footage
Interviewing witnesses while their memory is fresh
Working with accident reconstruction experts
Gathering your medical records and treatment plan
Handling all communication with insurance companies

And most importantly—we fight to get you full and fair compensation for your injuries, lost wages, pain and suffering, and future needs.

Don’t Wait Until It’s Too Late

If you or a loved one has been injured in a motorcycle crash—especially one caused by another driver’s recklessness—call us today. The consultation is 100% free, and there’s no fee unless we win your case.

�� Reach out to LLDDC Law, your trusted motorcycle accident attorneys in West Des Moines.

�� We’re on your side—so you can focus on healing while we handle the fight.

What to Do If You’re Injured by an Uninsured Driver In Ankeny or in Iowa

Mon, 26 May 2025 13:40:33 GMT

What to Do If You’re Injured by an Uninsured Driver in Ankeny or Anywhere in Iowa

Q: If an uninsured driver causes your injuries, can you still recover damages?

A: Yes, you can, especially if you or a household member has uninsured motorist (UM) coverage. This provision in your auto insurance policy compensates for medical bills, lost wages, and other damages caused by an uninsured driver. Many policies also include underinsured motorist (UIM) coverage, which helps when the at-fault driver doesn’t have enough insurance to cover your losses.

________________________________________

The Problem of Uninsured Motorists

Uninsured drivers are a growing issue, especially in places like Iowa, where many victims face significant challenges recovering compensation after an accident. These drivers fail to meet their legal responsibilities, leaving injured victims in difficult situations.

________________________________________

Next Steps

If you’re injured by an uninsured motorist, it’s essential to review all possible insurance policies. An experienced attorney can help ensure you’re properly compensated, even when the at-fault driver lacks coverage. Give LLDDC Law, your auto accident attorneys in Iowa, a call. The call is 100% free. There is no cost to you until we take and win your case!

Workers' Compensation: Missing Work for Doctor's Appointments

Sat, 10 May 2025 02:27:39 GMT

Workers' Compensation: Missing Work for Doctor's Appointments

When recovering from a serious injury, it’s not uncommon for workers to return to their jobs while still undergoing medical care. But what happens if you need to miss work for doctor’s appointments or treatments related to your injury? Who pays for the time you miss?

Do Employers Pay for Time Missed Due to Medical Appointments?

In Iowa, most employers are required to pay your regular wage if you miss work for medical appointments tied to your workers' compensation claim. However, there are some exceptions. Employers may choose to pay either your regular wage or workers' compensation benefits for the time missed.

Often, employers opt to pay your regular hourly wage rather than coordinating with the workers' compensation insurance carrier for a smaller, short-term payment. After paying you, employers can seek reimbursement from the workers' compensation insurance for the value of the wages they covered.

What If You’ve Already Missed Work Due to Injury?

If your injury has already caused you to miss at least three consecutive days of work, you are typically entitled to compensation for any additional time lost attending medical appointments. Additionally, you can claim reimbursement for round-trip mileage expenses incurred traveling to and from your doctor’s office.

Know Your Rights

Understanding your rights under workers' compensation laws can prevent unnecessary financial stress. Employers have an obligation to support workers who are recovering from injuries, including compensating them for time missed due to medical care.

Final Thoughts

Dealing with workers’ compensation can be overwhelming, especially when balancing your recovery and work responsibilities. If you have questions about your entitlements—such as missed work for doctor’s appointments or mileage reimbursements—consulting an experienced workers' compensation attorney in Des Moines at LLDDC Law can ensure you receive the support and benefits you deserve.

Considering Settlements for Serious Injuries After Auto Accidents near Urbandale: What to Know

Sun, 27 Apr 2025 19:32:40 GMT

Considering Settlements for Serious Injuries After Auto Accidents: What to Know

When dealing with severe injuries from a car accident near Urbandale or throughout communities in Iowa, one of the big questions many clients have is about settlements: How can you ensure your settlement covers not only your current expenses but also any medical bills or lost wages that could arise down the road?

Can My Settlement Cover Medical Bills for Life?

In certain situations, it’s possible to have future medical costs covered in a settlement. This can happen if your doctor can provide a detailed, reasonable estimate of your ongoing medical needs and explain why these future expenses are necessary. This isn’t always easy, as predicting future healthcare needs requires a high degree of accuracy. Still, with your doctor's thorough input, it’s possible to factor future medical bills into a settlement amount.

Important Consideration: Once you accept a settlement, it usually closes the case permanently. This means you won’t be able to return later for more compensation if your medical needs increase unexpectedly. That’s why it’s crucial to include a realistic allowance for future medical expenses in any settlement.

Key Elements to Include in a Car Accident Settlement

When considering a settlement, make sure it accounts for all types of damages you’ve suffered. Common elements of damages include:

1. Past Medical Bills: Covering the treatments and therapies you’ve needed so far.

2. Lost Wages: Compensation for income lost while recovering.

3. Past Pain, Suffering, and Mental Anguish: Acknowledges the physical and emotional toll of the injury.

4. Past Physical Impairment: For activities you could no longer do.

5. Future Medical Expenses: Based on your doctor’s projections.

6. Loss of Future Wages: Compensation for any long-term impact on your earning potential.

7. Future Pain, Suffering, and Mental Anguish: Accounts for continued emotional and physical distress.

8. Future Physical Impairment: For long-term limitations on physical activity.

9. Disfigurement: If your injury caused lasting physical changes.

10. Value of Lost Property: Compensation for damaged or lost property, like your car.

To receive payment for these damages, you need solid proof. For future medical costs, this proof must come from a doctor's reliable estimate. That’s why thorough medical documentation is essential when negotiating a settlement.

Each of these elements contributes to the total settlement value, ensuring it fully addresses the impact of the accident on your life both now and in the future.

Give LLDDC Law, your personal injury attorneys in Urbandale a call . The call is 100% free and there is no cost to you until we take your case and win!

Workers' Compensation: Pre-Existing Conditions and New Injuries with Workers in West Des Moines and throughout Iowa

Fri, 04 Apr 2025 00:39:47 GMT

Can a Previous Back Surgery Affect My Workers' Compensation Claim?

A recent client had an important question: After undergoing back surgery five years ago, she started a new job and was concerned about whether a new back injury at her workplace would be covered under workers' compensation. She worried that her prior surgery might disqualify her from receiving benefits. Here’s what Iowa law says about such situations.

Coverage for Pre-Existing Conditions

Under Iowa law, workers are generally entitled to workers' compensation benefits for legitimate injuries sustained at work, even if they have pre-existing conditions like a prior back injury or surgery. The key is whether there is reasonable evidence—usually provided by the treating doctor—that the new work injury aggravated, accelerated, or worsened the pre-existing condition.

For example, workers in physically demanding jobs that require heavy lifting often face an increased risk of re-injury. If the circumstances of the new work injury can be shown to have made the existing condition worse, workers' compensation benefits should apply.

How Claims Are Evaluated

When a new injury involves a pre-existing condition, the Iowa Industrial Commissioner, along with the attorneys involved, will evaluate the case to determine:

The extent of the pre-existing condition before the new work trauma.
The specific effects of the new injury and how it has impacted the worker’s condition.

This process often involves detailed medical evidence, expert testimony, and a thorough review of the worker’s medical history and job duties. It’s a complex process, but the goal is to fairly assess what portion of the condition stems from the new work injury.

Final Thoughts

If you’ve experienced a new work-related injury that impacts a pre-existing condition, it’s important to understand your rights. Pre-existing conditions do not automatically disqualify you from receiving workers' compensation benefits in Iowa. To ensure your claim is handled properly, consider consulting with an experienced workers' compensation attorney in West Des Moines at LLDDC Law who can guide you through the process and advocate for your best interests.

Underinsured Motorist Coverage: Protecting You and Your Family on the Road Throughout Iowa & the U.S.

Sun, 23 Mar 2025 18:28:15 GMT

Underinsured Des Moines' Motorist Coverage: Protecting You and Your Family on the Road

When it comes to car insurance, many people think primarily about liability coverage—insurance that covers others if you’re at fault in an accident. However, underinsured motorist (UIM) coverage is equally important, as it protects you if an accident leaves you injured by a driver with inadequate coverage.

What is Underinsured Motorist Coverag e?

Underinsured motorist coverage is designed to safeguard you and your family from the financial burden of an accident caused by a driver who doesn’t have sufficient insurance to cover your damages. Here’s how it works:

Imagine you’re at a local Des Moines sports event. After parking, you’re walking across the lot when a vehicle accidentally hits you, causing injuries. If that driver has no insurance or only minimal coverage, their policy may fall far short of what you need to cover medical bills, lost income, and other expenses. Underinsured motorist coverage on your own policy steps in to fill the gap, helping you recover the full amount necessary to cover your damages.

This protection applies whether you’re in your vehicle or, as in this example, outside of it—what matters is that your injuries resulted from the actions of an underinsured driver.

How Much Underinsured Motorist Coverage Should You Carry?

The amount of underinsured motorist coverage you carry is a personal choice, but it’s worth considering a higher limit. In Iowa, insurance companies are allowed to sell this coverage with a minimum limit of $20,000 per person. However, relying on minimum coverage could leave you financially vulnerable in a serious accident.

Insurance agents often recommend high liability limits to protect others in case you cause an accident but may suggest lower UIM coverage to keep your costs down. Yet, underinsured coverage is specifically for your protection and the well-being of your loved ones. It doesn’t make much sense to carry more coverage for others’ injuries than for your own, yet this is common due to the way policies are structured.

Reviewing Your Policy: Are You Adequately Protected?

Take a moment to review your policy or discuss it with your agent to ensure you’re not underinsured. Here are a few questions to consider:

• Does my underinsured coverage match my liability coverage? If not, you might want to ask why, especially if your liability limits are significantly higher.

• Would my current underinsured coverage be enough in a serious accident? Consider your financial situation, family needs, and potential medical costs to make sure your coverage is sufficient.

If you find that your uninsured/underinsured coverage is significantly lower than your liability coverage, it might be time to ask questions and re-evaluate your options. Prioritizing adequate underinsured motorist coverage is an investment in peace of mind, ensuring that you’re better protected, no matter who is at fault in an accident.

Workers" Compensation and Long-Distance Medical Exams: Do You Have to Go?

Sat, 08 Mar 2025 01:00:03 GMT

Workers' Compensation and Long-Distance Medical Exams: Do You Have to
Go?

When workers suffer neck or back injuries, they may be asked to travel far for exams or

treatments at specialized clinics. For instance, a worker in Waukee might be directed to Iowa

City for a full day of tests. But is this travel mandatory?

The Short Answer: Not Always

The Workers’ Compensation Commission states that workers shouldn’t have to travel long

distances if similar medical care is available locally. Insurance carriers may recommend specific

clinics, but workers have rights regarding their care’s location.

Why Long-Distance Requests Are Concerning

Requiring distant travel can burden workers, raising concerns such as:

Physical strain: Travel may worsen injuries.
Financial costs: Even with reimbursements, upfront expenses and time off work add stress.
Emotional stress: Being far from home can heighten anxiety.

Your Options If Asked to Travel

If asked to travel far for routine care, confirm if similar services are available locally. Consulting

an experienced workers' compensation attorney at LLDDC Law near Waukee can help you:

Challenge unreasonable travel demands.
Advocate for accessible, fair treatment.
Understand your legal rights.

Final Thoughts

Workers' compensation should support your recovery, not create additional hurdles. If long- distance travel feels unnecessary, consult the workers' compensation lawyers at LLDDC Law to protect your rights and focus on healing.

What to Do If You’re Injured by an Uninsured Driver in Des Moines, IA

Fri, 14 Feb 2025 21:51:15 GMT

What to Do If You’re Injured by an Uninsured Driver

Q: If an uninsured driver causes your injuries, can you still recover damages?

________________________________________

The Problem of Uninsured Motorists

________________________________________

Next Steps

If you’re injured by an uninsured motorist in the Greater Des Moines, IA area, it’s essential to review all possible insurance policies. An experienced auto injury attorney can help ensure you’re properly compensated, even when the at-fault driver lacks coverage. Give LLDDC Law a call. The call is 100% free. There is no cost to you until we take and win your case!

Workers' Compensation: Understanding Death Benefits in Ankeny, IA

Fri, 24 Jan 2025 02:30:38 GMT

Workers' Compensation: Understanding Death Benefits in Ankeny, IA

Workplace fatalities are tragic and raise many questions for surviving family members about eligibility and the types of benefits available. If the death arose out of and occurred during the course of employment, there are three primary categories of benefits under workers' compensation laws.

1. Weekly Compensation for Dependents

Surviving spouses and minor children are typically eligible for weekly compensation. Key points include:

• For the spouse: Payments can continue for life unless the spouse remarries. Upon remarriage, the spouse may receive two years of benefits as a lump sum, ending further payments.

• For minor children: Payments end when the child turns 18 unless the child is physically or mentally incapacitated or enrolled in full-time accredited education.

• Lump-sum payments: While benefits can be taken as a lump sum, these are often heavily discounted and may not be advisable.

2. Medical Expenses

If the worker survives for a period before passing, the employer is responsible for:

• All reasonable medical expenses incurred due to the injury.

• Healing period payments owed prior to the worker's death.

3. Burial Expenses

Workers' compensation provides come coverage for burial costs. This benefit helps ease the financial burden during an already difficult time.

Additional Consideration: Third-Party Claims

If the death was caused by the negligence of a person or company other than the employer, surviving family members may also pursue a personal injury claim in addition to workers' compensation benefits.

Final Thoughts

Navigating workers' compensation after a workplace death can be overwhelming. Understanding the benefits available—from weekly compensation to burial expenses—can help surviving families secure the support they need. Consulting with an experienced workers' compensation attorney at LLDDC Law can ensure you receive the full benefits to which you are entitled.

Why It’s Crucial to Disclose Prior Medical Conditions in a Personal Injury Case in Des Moines, IA & Throughout the State of Iowa

Sun, 12 Jan 2025 22:09:23 GMT

Why It’s Crucial to Disclose Prior Medical Conditions in a Personal Injury Case

When you've been injured in an accident, your first concern is likely about your recovery and securing compensation for your medical costs. However, there's a key factor that many injury victims overlook: full disclosure of prior medical conditions.

What’s the Risk of Hiding Past Injuries?

Let’s say you hurt your neck in a car accident. Naturally, the insurance company, doctors, and possibly even the opposing party’s legal team will inquire about any previous injuries to your neck or shoulder region. Why? Because they need to understand whether you're claiming compensation for a completely new injury or for an aggravation of a pre-existing condition.

It’s important to note that aggravations of old injuries are still compensable. So, withholding this information can harm your case more than help it. You may think keeping quiet about a past injury will prevent complications in your claim, but in reality, it can do the opposite. It raises doubts about your credibility. If you fail to disclose prior medical conditions, it opens the door for the opposing side to question your honesty on other issues too.

An Example

Consider this scenario: years ago, you injured your knee while playing basketball. Recently, you were involved in a car accident where you broke your hip. Though the prior knee injury doesn’t seem directly related to the hip injury, failing to disclose the past issue could make your case more complicated. Even if irrelevant, any omitted medical history could lead to scrutiny or delays in your settlement.

Full Disclosure Protects Your Case

The best approach in any personal injury claim is full transparency. Always disclose your full medical history to your doctors and the insurance companies involved in your case. If you’re unsure what’s relevant, that’s where an experienced personal injury attorney comes in—they can help you navigate these details.

At the end of the day, honesty is the best policy when it comes to building a strong personal injury case. If you have questions about what to disclose, give your Des Moines' personal injury lawyers at LLDDC Law a call. The call is 100% free and there is no cost until we take your case and win.

Managing Medical Bills After a Car Accident in the Greater Des Moines Area: What You Need to Know

Fri, 27 Dec 2024 17:02:57 GMT

Managing Medical Bills After a Car Accident in the Greater Des Moines Area: What You Need to Know

After a car accident, you are faced with unexpected medical bills and very few answers. A common concern among clients is how to manage these bills if the insurance company for the at-fault driver says it won’t pay until the entire case is settled. Understandably, the fear of unpaid bills affecting one’s credit score can be overwhelming. Here’s a breakdown of how medical bills are typically managed in these situations and what options may be available to keep your credit intact while you heal and work on the claim..

Health Insurance Coverage for Accident-Related Medical Bills

Most health insurance policies cover medical expenses even if the injuries stem from another person's negligence. Health insurance can be a vital resource during this time, helping ensure that bills are paid promptly, and credit ratings stay unaffected. However, if you later receive a settlement or jury award, your health insurance provider will likely have a right to reimbursement. This is known as subrogation, where they recover the money they initially paid for your care—often with deductions for attorney fees and other recovery costs.

The Role of Medical Payments Coverage (MedPay)

If you have auto insurance, or if the vehicle you were in carries that type of insurance, there’s likely a type of optional coverage called medical payments coverage, or MedPay. MedPay is designed specifically to cover accident-related medical bills regardless of who was at fault, up to the policy's limit. This means MedPay can help cover expenses right away, which may help prevent bills from going unpaid.

Like health insurance, MedPay carriers also generally have a right to seek reimbursement from any settlement or award, after accounting for injury attorney fees and other costs involved in securing that settlement.

Protecting Your Credit and Access to Necessary Care

Managing medical bills after a crash can be complex but understanding the role of both health insurance and MedPay coverage can make the process easier. By ensuring prompt payment of bills through these channels, you can focus on recovery without the added stress of unpaid bills or credit issues. Working closely with LLDDC Law, your auto injury attorneys in Des Moines, IA can help streamline this process, and help keep your finances in order while you get the care you need. The call is 100% free and there is no cost to you until we take your case and win.

Who’s at Fault in an Icy Road Accident? Understanding Iowa’s “Act of God” Defense from Accident Attorneys in West Des Moines

Sat, 14 Dec 2024 18:39:40 GMT

Who’s at Fault in an Icy Road Accident? Understanding Iowa’s “Act of God” Defense From Personal Injury Attorneys in West Des Moines

Winter driving in Iowa can be challenging, and accidents on icy roads are unfortunately common. One question that often comes up is whether a driver can escape responsibility for a crash by blaming icy conditions or using the so-called “Act of God” defense. The short answer? Usually, no.

What Is an “Act of God” Defense?

An “Act of God” defense is a legal argument used by insurance companies to deny fault by claiming that the accident was caused by natural forces beyond human control, such as a storm or sudden flood. In theory, this defense could apply in situations where the event was completely unforeseeable, and no amount of caution could have prevented the accident.

However, when it comes to icy roads in Iowa, this defense doesn't usually hold up.

Iowa Law: Winter Driving and Responsibility

The Iowa Supreme Court has consistently ruled that icy or snow-covered roads don’t automatically excuse a driver from responsibility in an accident. The reason is simple: when winter weather hits, drivers are expected to adjust their behavior. That means slowing down, increasing the distance between vehicles, and being more cautious when stopping or turning.

The courts recognize that snow and ice are foreseeable hazards in Iowa during the winter months. So, unless the driver is faced with a sudden and truly unexpected event, they are still expected to drive with care. In short, drivers can’t use bad weather as an excuse for not driving safely.

What Should You Do If You’re Involved in an Icy Road Accident?

If you’re in an accident during icy conditions, it’s important to gather evidence about the scene. This includes taking photos of the road conditions, your vehicle, and the other driver’s car. If there are any witnesses, their testimony could help clarify whether the other driver was being cautious.

Don’t hesitate to reach out for legal advice if you’re unsure of your rights. Even though the roads were icy, that doesn’t mean you’re automatically out of luck when it comes to recovering compensation for your damages. In most cases, the driver’s failure to adjust to conditions will still be the deciding factor. Give LLDDC Law, your Iowa accident attorneys in West Des Moines, a call. The call is 100% free and there is no cost until we take your case and win.

Understanding Loss After A Catastrophic Injury or Death in West Des Moines or Within the State of Iowa

Sun, 01 Dec 2024 02:46:26 GMT

Understanding Loss After A Catastrophic Injury or Death in West Des Moines or in the State of Iowa

When a loved one suffers a catastrophic injury—be it severe burns, brain damage, paraplegia, quadriplegia, or even death—the emotional and financial toll on the family can be unimaginable. In these heartbreaking situations, many families wonder: is the profound loss they’ve experienced recognized under the law?

The answer is yes. The law acknowledges the devastating impact of losing a child, parent, or spouse due to someone else's negligence. In cases where the injury or death is caused by the carelessness of another, insurance can provide coverage for this loss.

But what is the true value of such a loss? How can one quantify the grief, the disrupted lives, and the financial strain that follows? Often, families find that the insurance company may not fully recognize or convey the extent of this loss.

At LLDDC Law, injury attorneys in West Des Moines, IA, we understand the complexities of these cases. We've successfully recovered millions for families facing unimaginable hardships. If you’re navigating this painful journey, know that you don’t have to do it alone. Call our injury law firm in West Des Moines today for support and guidance in seeking the compensation you deserve. The call is 100% free and there is no cost to you until we take your case and win.

When A Driver Doesn’t Have Enough Insurance in Waukee, IA

Sat, 16 Nov 2024 01:50:59 GMT

When A Driver Doesn’t Have Enough Insurance After Causing a Car Accident in Waukee, IA

In the aftermath of a car accident, navigating the world of insurance can be overwhelming, especially when the negligent driver has inadequate coverage. This often leads clients to wonder: are there other avenues for compensation? The answer lies in the concept of vicarious liability, a legal principle that can open up additional insurance resources.

What is Vicarious Liability?

Vicarious liability holds certain individuals or entities legally responsible for the negligent actions of others. Under Iowa law, for example, if you’re injured by a driver operating a car with the owner's consent, the vehicle’s owner may also be liable for damages.

When is Vicarious Liability Applicable?

Vehicle Owners: If a car owner lends their vehicle to a friend who causes an accident, both the driver and the owner’s insurance may be on the hook. Imagine this scenario: the driver has a policy limit of $20,000, while the owner’s policy covers $100,000. Together, this can total $120,000 in available insurance, which can make a significant difference in your compensation.
Employer Liability: Employers can also be held liable for their employees’ negligence during work-related activities. Whether it’s a truck driver for a shipping company or a delivery person using their own vehicle, the employer’s insurance typically has higher limits that can benefit injured parties.
Dram Shop Liability: If a bar or restaurant continues to serve alcohol to a visibly intoxicated patron, they may be held responsible under dram shop laws for any subsequent accidents caused by that individual. This can provide another layer of financial protection for injured parties.

Exploring Additional Avenues for Compensation

It’s crucial to consider all possible sources of compensation before settling your case, especially if the negligent driver’s policy limits fall short of covering your damages. A thorough examination of vicarious liability can reveal additional avenues that could secure you the compensation you deserve.

Conclusion

Understanding vicarious liability is essential for anyone navigating the aftermath of an accident. If you’ve been injured, don’t hesitate to consult with LLDDC Law, Iowa's injury lawyers serving Waukee and throughout the state of Iowa, to explore all your options. Your health and financial security are worth the effort. The call is 100% free and there is no cost until we take your case and win.

The Importance of Gathering Evidence After a Personal Injury in Ankeny, IA

Sat, 02 Nov 2024 20:00:20 GMT

The Importance of Gathering Evidence After a Personal Injury Near Ankeny, IA

After an accident, gathering evidence quickly is crucial to the case. As the burden of proof falls on the injured party, relying solely on insurance companies or law enforcement to collect evidence can harm your chances of receiving fair compensation.

Key Types of Evidence to Collect

1. Photos of the Accident Scene

Capture road conditions, weather, and other factors that could have contributed to the incident.

2 . Photos of Vehicle Damage

Photograph all vehicles involved, as damage can help determine fault and likelihood of injury.

3. Photos of Your Injuries

Visible injuries should be documented immediately to show their initial severity.

4. Statements from the Other Party

If possible, record any statements that could help your case.

5. Witness Statements

Collect contact information, such as phone numbers, addresses and emails if you can get them, and statements from anyone who saw the accident.

6. Documenting Wage Loss

Keep records of missed work and lost income due to your injuries.

7. Medical Bills

Gather all medical expenses as they accumulate.

8. Medical Care

Seek prompt and necessary medical treatment, and keep a record of your care.

Challenges in Evidence Collection in a Personal Injury Case in Ankeny, IA

While gathering evidence seems straightforward, it can be complex and time-consuming. LLDDC Law, personal injury attorneys serving Ankeny and throughout the state of Iowa, can help ensure all critical evidence is properly documented and presented. Consulting us early on will strengthen your case and increase your chances of success. The call is 100% free and there is no cost to you until we take your case and win!

Personal Injury: The Importance of Prompt Investigation After an Automobile Accident In Des Moines, IA

Tue, 22 Oct 2024 00:41:45 GMT

Personal Injury: The Importance of Prompt Investigation After an Automobile
Accident In Des Moines, IA

21, October 2024

When you’ve been involved in an automobile accident in Des Moines or in the state of Iowa, especially one that leads to injury, the first few days can feel overwhelming. Between hospital visits, insurance calls, and dealing with the aftermath of the event, it’s easy to feel lost. However, prompt investigation of the incident is crucial—both for the injured party and for the overall strength of any future claim. One of the most common questions people ask in the early stages of a personal injury claim is: "What should I do now?"

Why Prompt Investigation Matters

Taking immediate action following an accident ensures that critical evidence is preserved. Evidence can fade, memories can become unreliable, and witnesses may become harder to track down as time goes on. A thorough investigation soon after the accident will allow the injured party to properly assess the strengths and weaknesses of their potential claim. The more comprehensive the investigation, the stronger the foundation for negotiations or litigation, should it come to that.

Key Steps in the Early Investigation Process

Document the Scene: Even if the police were called and a report was made, don’t rely solely on the official documentation. You should take your own photographs of the scene, the vehicles involved, and any visible injuries you’ve sustained. These images can provide invaluable evidence when reconstructing the accident and evaluating damages.
Gather Witness Statements: Speak to any witnesses while their recollection is still fresh. Get their contact information and, if possible, obtain written or recorded statements. These could play a pivotal role in determining fault, especially if there is a dispute about what happened.
Collect Other Evidence: I f any skid marks, traffic signs, or other physical factors were present, document them as well. Any detail, no matter how small, could potentially impact the outcome of your claim.
Seek Information from the Other Driver: It’s important to try to understand the other driver’s perspective on the accident. However, this step can be challenging because most insurance companies advise their drivers not to speak with the injured party, fearing an admission of liability. But any acknowledgment of fault by the other driver can be crucial when building your case.

Be Cautious About Speaking with Insurance Companies

You may be contacted by the insurance company representing the other driver soon after the accident. They will likely ask for statements, photos, or access to your medical records. While this may seem like a reasonable request, you should proceed with caution. Insurance companies often have their own interests at heart, and anything you say could potentially weaken your claim.

One of the most important pieces of advice is not to give a statement—either written or verbal—until you fully understand the extent of your injuries, the details of the accident, and how the law applies to your specific situation. Just as insurance companies advise their clients not to admit fault, it’s wise for injured parties to refrain from making any official statements too early in the process.

The Limitations of Police Reports

While police officers will typically conduct a basic investigation at the scene, their reports may not capture all of the details necessary for your claim. They can only devote a limited amount of time to the investigation, meaning critical nuances might be overlooked. Relying solely on the police report is short-sighted. Instead, consider conducting or hiring a thorough investigation to ensure all relevant evidence is gathered.

Take Your Time, But Don’t Wait Too Long

While it’s important to gather evidence promptly, don’t rush into making decisions or providing statements. After an accident, it’s best to take a step back, collect your thoughts, and ensure you understand the full scope of your injuries and damages before engaging with any insurance company. The call is 100% free to Lawyer, Lawyer, Dutton, Drake & Conklin, LLP, and there is no cost to you until we take your case and win.

Conclusion

In the wake of a personal injury accident, prompt investigation is crucial. Taking the right steps early can significantly strengthen your claim and ensure you’re fully prepared for any legal proceedings. From documenting the scene to gathering witness statements and protecting your legal rights when dealing with insurance companies, the sooner you begin, the better positioned you’ll be for a successful outcome.

When the heat hurts: Preventing heat exhaustion at work

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:24:05 GMT

When the heat hurts: Preventing heat exhaustion at work

18 May, 2016

While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as...

While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer.

Things are looking just as hot this summer. The Des Moines Register reports, "NASA scientists and others said that there's a good chance that this year will pass 2015 as the hottest year on record ."

If you allow your body to overheat, you can suffer from various heat-related illnesses, including a fatal heat stroke. So what can construction workers do to stay safe under the beating rays this summer?

Water, rest and shade

Drinking water is the most important thing you can do to fight the heat. One rule of thumb: drink four cups of water every hour.

Moreover, taking frequent breaks from the heat will prevent the body from overheating. Strenuous tasks should be accomplished early in the morning or later in the shift when the sun is not overbearing. Seek shade for these breaks. If natural shade is not available, opt for portable shade, such tents or umbrellas.

Know the signs

Heat exhaustion is overpowering and can threaten your health. When you are at work under the heat, be cautious of these signs :

Dizziness, fainting or headaches
Wet skin and weakness
Confusion or irritability
Nausea, vomiting or thirst

The more egregious symptoms associated with heat stroke include:

Seizures
Collapsing
Fainting
Foggy thinking

Get help right away

If you suspect you are suffering from a heat-related illness at work, move to shade and remove outer clothing. A fan, mist, water and ice may help alleviate any symptoms. It also helps to drink cold water. More important, call a supervisor for help and seek immediate medical attention.

Generally, you can secure workers' compensation benefits for most work injuries, including heat-related illnesses. To qualify for benefits, the injury must be caused by or aggravated by your work responsibilities or the condition of your workplace. If the overwhelming circumstances of your sweltering work environment have compromised your health, speak to a lawyer about work injury benefits.

Identifying and Proving Nursing Home Abuse

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:24:04 GMT

Identifying and Proving Nursing Home Abuse

17 Jun, 2016

Putting your elderly relative in a nursing home may have seemed like the best option for everyone involved. Your relative could receive the care and treatment he or she needs in a safe environment, assisted by trained professionals. Did nursing...

Recently, however, you may have noticed that your relative doesn't seem happy. He or she acts quiet or withdrawn when you visit and doesn't participate in the activities he or she used to enjoy. If this scenario describes your relative, he or she may be a victim of nursing home abuse.

Types of Abuse

Nursing homes generally limit the power and agency of elderly residents in favor of the staff. Unscrupulous individuals use this power balance to take advantage of the people they are supposed to be assisting. One or more of the following types of abuse may occur:

Physical . The victim receives physical injury at the hands of another person, including hitting, pushing, scratching, kicking, and forcibly restraining without cause.

Emotional . The person in a position of power emotionally manipulates his or her victim by insulting, humiliating, terrorizing, intimidating, or ignoring that individual.

Sexual . The nursing home resident is the victim of unwanted, non-consensual sexual contact.

Financial . A financial abuser may steal property or money from his or her victim, discover the victim's banking information, or force the victim to change his or her will or trust.

Neglect . Like other forms of abuse, neglect may be an intentional act, or it may result from oversight or apathy. The victim may not receive proper medical or physical care or adequate mental stimulation.

Any type of abuse puts your loved one at serious risk and makes the nursing home an unsafe environment.

Signs of Abuse

Abuse often goes unreported. One study found that only 1 in 24 cases of abuse was reported to an appropriate authority. If you suspect something might be wrong but your loved one hasn't reported any inappropriate treatment, keep an eye out for some of the following indicators:

Bruises, scratch marks, and sudden injuries, emergency medical treatment, especially if a pattern emerges that is unrelated to any conditions the individual may have, unsanitary or unhealthy conditions, sudden emotional withdrawal, signs of fear or stress when around staff, missing belongings, strange charges on a credit card or bank account & lack of adequate food or medicine.

Physical abuse is probably the easiest to detect since it leaves visible traces, but any type of abuse leaves signs if you look carefully.

Investigating Possible Abuse

As soon as you have reasonable suspicions, talk to your loved one if they are lucid. Let him or her know he or she can tell you anything. Report the claims to a proper authority. However, if your loved one suffers from dementia or a similar condition, he or she may be unable to speak on his or her own behalf.

In this case, you'll need to decide whether your loved one is safe in the facility, even if nothing has been proven. You may want to find other accommodations, as your loved one's safety shouldn't be taken lightly. Unless you can be reasonably positive that no abuse or neglect has occurred, you don't want your loved one to stay in a bad situation.

A lawyer will help you access records and understand what you can legally investigate. Talk to other residents and their families and see if there has been a pattern of abuse. Try and find witnesses to corroborate your loved one's story, if they reported abuse, or who may have seen abuse that didn't get reported.

Your lawyer can take care of the legal aspect of the situation, gathering evidence and filing a claim against the nursing home and perpetrator of the abuse. A lawyer who has handled nursing home abuse cases before will have the skills and expertise necessary to know what to look for, how to build a case, and how to get you fair compensation.

DON'T TELL "WAR" STORIES TO WORK COMP DOCTORS!

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:24:02 GMT

DON'T TELL "WAR" STORIES TO WORK COMP DOCTORS!

29 Jun, 2016

Today a client called to complain because the work comp doctor wrote down some wild story the client told the doctor about working in the yard. Instead of the client focusing on his care he told the doctor about hurting his shoulder picking up a coffee pot. Even though the shoulder injury happened at work this client chose to tell a story about a coffee pot causing shoulder pain. There was no reason to tell the doctor this "war" story. It added nothing to the medical plan. But it did get noticed... by the doctor who's working for the insurance company!

The workers' compensation doctor took the coffee pot war story and blamed all of the shoulder problems on that event instead of the work event. What a mess! Worst of all, the injured worker caused this harm by entertaining the doctor with tales of what worsened his pain. Grrrrrr.......

It seems unnecessary to tell people that if you have a work injury you should talk to the work doctors about that injury and nothing else. If common, everyday activities aggravate or cause more pain on an already determined injury don't clutter up your case by telling a bunch of war stories to your doctor. On this topic you should stick to the facts and get the care you need.

Workers' Compensation: Who decides if you can go back to the job?

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:24:01 GMT

Workers' Compensation: Who decides if you can go back to the job?

12 Jul, 2016

We spend a lot of time helping clients understand the factors of Industiral Disability in a workers' compensation case. All of this advice is free because it does the client no good to negotiate a settlement if they don't understand what...

We spend a lot of time helping clients understand the factors of Industrial Disability in a workers' compensation case. All of this advice is free because it does the client no good to negotiate a settlement if they don't understand what they're negotiating.

One key settlement value question is whether or not an injured worker can return to the same job. At its core, the value of work comp case is determined by the effect it has on the workers ability to work. Obviously, if you go back to your job with no tangible harm to your ability to work, the disability settlement is to going to be lower. But if you can't do the job the disability will be higher.

How do you prove you can't do your job?

Some clients think only they decide if they are able to go back to the old job but this is not the way it works. First, the company doctor has a lot to say about the return to work conditions. Then, it's up to the company to see if it can meet the restrictions, or make other accommodations. While all this going on it's important that the worker document the exact job that they're doing and how heavy or difficult it would be in light of the injury and resulting problems. You just can't sit back and hope that everybody takes your word that you cannot do the job. Give us a call and we can help you better understand this concept and give you some ideas about proving you are right. The call is always free.

Quick information about workers' comp in Iowa

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:58 GMT

Quick information about workers' comp in Iowa

20 Jul, 2016

If you have suffered an on the job injury, you may be eligible for workers' compensation. Employees can receive partial pay for lost wages and compensation for medical costs. Here are a few frequently asked questions on eligibility, benefits, coverage...

What kinds of injuries may be covered?

Any impairment other than the normal growth and deterioration of bodily tissues can qualify under the law. Diseases and hearing losses are considered injuries if they result from employment responsibilities. The impairment must result from activities in the course of employment. A local attorney can help determine if your injury is within the ambit of the law.

Who is eligible?

Employees injured in Iowa who are working under contract in Iowa, or whose employment is localized in Iowa, are eligible for benefits. Note that some classifications of employees are not covered. An attorney can help you determine if you qualify.

Who selects the care provided?

After an injury, the employer selects care suited to treat the injury. If the employee is dissatisfied, they should discuss it with the employer or insurer.

Note that if the physician foresees permanent impairment, the employee has a right to another examination.

Who pays for the benefits?

Employers must provide insurance via a private insurer. If the employee pays for coverage, the employer pays the premiums. Employers who fail to provide insurance for eligible employees may be liable for either the benefits or damages in a civil action.

Moreover, an employer may not engage in business without obtaining insurance for compensation benefits. Anyone who knowingly and willfully foregoes this is guilty of a class "D" felony in Iowa.

What types of benefits are available?

Medical Benefits

The law will provide for the payment of any reasonable and necessary medical care needed in order to treat the injury.

Disability Benefits

Total compensation for an injured employee may not exceed 80 percent of an employee's spendable weekly earnings. According to Iowa's workers' compensation laws, "spendable earnings" equate to the amount of income that remains after payroll taxes are deducted from weekly gross earnings.

To find out more about what to do after an injury, speak with a legal professional about the program and available benefit options.

Enhancing your loved one's safety at a nursing home

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:56 GMT

Enhancing your loved one's safety at a nursing home

06 Sep, 2016

It is important to remain vigilant when you are monitoring elderly family members in a nursing home. Here are steps you can take to ensure your loved one is receiving the care and dignity she deserves as she enters her...

1. Encourage the social network

You may have established that it is in the best interest of your elderly relative to move into a skilled nursing home; however, the reality of new living conditions and perceived loss of independence can have dampening impact on her spirit. It may be helpful to arrange visiting times to coordinate with social events at the home to encourage your mom to reach out to others. Absent an established social network, most individuals will naturally isolate themselves because it can be tough to create new friendships. In fostering friendships, your mom can take part in a community of shared interests. Additionally, these new friends may be able to notice a change in the temperament of your loved one that could indicate elder abuse.

2. Visit with a purpose

Although you may have conducted an intensive study of the retirement home before your mom was admitted, it's up to you to remain vigilant. As you may have done previously, consider visiting the facility at various hours. It's beneficial to observe the staff during potentially chaotic times: meal times, shift changes and evening hours. Document what you notice. A professional staff that is alert and has established routines during these chaotic times will have no qualms with you recording this information. If something seems amiss during these transition times, speak to the manager in charge of the facility.

3. Familiarize yourself with the staff

Even more important than encouraging a social network is establishing a relationship with the caregivers of your loved one. Whether they are nurses, doctors or staff, these individuals have been tasked with the responsibility of maintaining the health of your loved one. Strike up conversation with the staff assigned to your mom. It may be helpful to provide background information so that the staff can better serve your loved one. Get to know nurses and doctors so that when the health review of your loved one arises, you can fully participate in creating care plans to promote optimal health. Building rapport with the staff will serve you if they notice any changes in your mom's demeanor. If they feel comfortable speaking with you, they may be more responsive to your needs and concerns.

Even though you may not be a resident of a retirement home, there are steps you can take to ensure that your impact is felt within those walls. Make your presence known. Create professional and social relationships. You are an advocate for the resident of the nursing home. By interacting with those in this community, you can work towards securing the health and dignity of your loved one

Personal Injury - Understanding Pain and Suffering Damages

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:53 GMT

Personal Injury - Understanding Pain and Suffering Damages

11 Oct, 2016

When you file a Personal Injury claim, you usually intend to receive financial compensation from the party at fault or the insurance company. You likely want to recoup medical expenses or make up the pay you lost from missing work. Determining the amount of money to ask for in your claim is fairly straightforward when you can show your medical bills, but other forms of compensation are not as easily calculated.

Individuals filing a personal injury claim often request compensation for pain and suffering, as well as clear economic damages. If you've recently suffered an injury, you have likely felt anxiety, stress, or depression due to the nature of the injury and the process of receiving treatment and compensation.

Your medical bills won't reflect the emotional distress you continue to feel after you leave the hospital, but you deserve compensation for your lowered quality of life. Fortunately, your personal injury lawyer can help you figure out how to prove you need compensation for your pain and suffering and how to calculate the amount to ask for.

Below, we've provided some information about pain and suffering so you can work with your attorney to achieve the best outcome possible.

Proving Emotional Distress

Legally, "pain and suffering" refers both to physical pain and emotional or mental suffering, neither of which a jury or insurance agent can actually see. You can show your cast or a photo of your damaged car to indicate the physical effects of an accident, but you'll need to use other means to prove emotional distress.

Giving evidence of a physical injury generally proves that you are experiencing physical pain and suffering due to the incident. Juries can easily see and understand that a broken limb or severe burn causes pain. To prove emotional suffering, you will need to explain how the injury has negatively impacted your life.

One way to prove emotional distress, whether or not you have a visible injury, is to provide clear examples of how your behavior or quality of life has changed since the accident. For example, if you are filing on behalf of an elderly loved one who experienced emotional harassment in a nursing home, explain how you watched them grow unhappy, fearful, or closed off over time.

After any accident, make notes of your daily activities from before the incident and explain how your physical or mental injury prevents you from completing those activities now. For instance, if you were dedicated to your physical health prior to the accident but can no longer exercise, you can show you are limited in the pleasure you can obtain in life.

Furthermore, proving that the incident was extremely traumatic, that the mental anguish experienced was intense, or that the suffering has lasted for an extended period of time will help your claim. An injury that leads to severe medical complications, such as an infected dog bite or a brain injury, will cause more emotional distress, in most cases.

Additionally, any accident that causes a wrongful death is likely to receive compensation for emotional distress since the loss of a loved one will be felt for the rest of the claimant's life.

To provide further justification for your claim, consider visiting a psychiatrist or therapist. They are trained to evaluate mental health and can vouch for the development of such emotional injuries as depression, anxiety, or PTSD. Not only will you receive treatment for the emotional distress, but you will have a professional opinion to back up your claim.

Include any medications your doctors prescribed as part of your claim as well. Taking an anti-depressant or prescription pain medication is a clear indication of pain and suffering.

Receiving Compensation

Calculating compensation for a non-economic emotional or physical injury is difficult, so lawyers and insurance adjusters must find ways to quantify emotional distress.

When your lawyer begins to figure out how much compensation to ask for, they will usually look at verdicts and settlements for cases similar to yours. They will get an idea of what juries or insurance adjusters will likely award you for your emotional distress.

For the most part, pain and suffering is calculated by taking the amount of your economic damages (including medical treatments and lost income) and multiplying it by 1 to 5. The lawyer determines what multiplier to use by taking into account the severity of the accident and its effect on you, your age and life expectancy, the long-term effects of the accident, and the change in your quality of life.

If you're experiencing physical pain or emotional distress due to an injury or accident, come meet with one of the attorneys at Lawyer, Lawyer, Dutton & Drake L.L.P. for a free consultation. We can help you figure out whether you have a case and how much compensation you're entitled to.

If you think you deserve workers' comp, you should act quickly.

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:50 GMT

If you think you deserve workers' comp, you should act quickly.

28 Oct, 2016

If you have been injured while working or you were injured while performing work-related activities, you may be eligible for workers' compensation. Under Iowa law, there are time limitations restricting the amount of time you have to file a workers' compensation claim. These regulations are important to know and follow if you want to ensure that your claims are reported promptly and handled appropriately.

What is the first step?

After you have determined that you have sustained a work-related injury that has caused you to miss more than three days of work, your first step is to notify your employer. There is a 90-day time period following an injury wherein the employer must know that an injury occurred. If an injury is reported after this 90-day window, the claim may be denied and you may lose the opportunity to procure benefits, namely compensation.

What is next?

Once an employer has received appropriate notice, a report must be filed with both the Workers' Compensation Commissioner and the insurer within four days of the employer being notified. All employers are required to maintain a current record of all reported workplace injuries if the injury reported prevents an employee from working for a full day.

Any filed reports are required to be reported by means of the Electronic Data Interchange (EDI) . All documents regarding workers' compensation can be found on the Iowa state workers' compensation website . Many of the documents listed will provide additional instructions regarding any steps that need to be taken in individual circumstances or how to go about contacting any relevant authorities should you have questions. If you have further inquiries, it may be helpful to speak with a legal professional.

Additional limitations

There are statutes of limitations for both the first few years following an injury. According to Iowa state law , benefits may be denied if you do not receive weekly compensation benefits or if you do not file an application for arbitration within the first two years following an injury. If you do receive workers' compensation benefits, you have three years after the last weekly payment to file an action with the Workers' Compensation Commission to receive additional benefits.

The time immediately following an injury can feel stressful and overwhelming. Fortunately, there are many resources to assist you as you go about the process of procuring appropriate benefits.

Workers' comp may cover more than just your physical injuries.

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:49 GMT

Workers' comp may cover more than just your physical injuries.

28 Oct, 2016

If you have been exposed to traumatic situations while on the job that have resulted in severe emotional distress, you may be entitled to workers' compensation. Injuries can come in many different forms, and some are more obvious than others. However, emotional and mental injuries are a serious matter and they can easily impact your day-to-day life.

What is emotional distress?

Under Iowa's workers' compensation laws, emotional distress is a result of physical injuries sustained in a work-related incident or other employment circumstances. Work related injuries, such as the loss of a limb or exceptionally intense levels of stress, can absolutely result in serious and prolonged emotional damage. Emotional distress can come in different forms, but it is often displayed in the forms of depression and/or post-traumatic stress disorder (PTSD). Under the law, emotional distress is considered an injury and some injuries may develop over a long period of time. Therefore, it is possible that emotional and mental injuries did not necessarily develop as a result of any one traumatic and specific experience.

How do I prove my emotional distress?

After an accident, medical experts are consulted to verify the existence of any mental illnesses or psychological trauma. Moreover, those same medical experts are often given the task of proving that there is a legitimate connection between that distress and the working environment. This is required, as the emotional or psychological injury must be related to employment. It cannot be the product of other life circumstances.

How do I get compensated for emotional distress?

Over recent years, there has been a rising awareness of emotional and mental health issues and their effect on our lives. According to Iowa law , emotional distress, if proven, is legally treated like any other work related injury and is therefore covered under general workers' compensation benefits.

If you suspect you may be suffering from emotional distress as a result of a work-related event, treat it as you would a physical injury and get help.

Workers' Compensation and Company Doctors: Can You Trust Them?

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:47 GMT

Workers' Compensation and Company Doctors: Can You Trust Them?

11 Jan, 2017

If you have sustained an injury due to an incident or chronic exposure at work, you have to act and file a claim. Without the financial support of workers' compensation, you could face a decline in quality of life and quality and amount of treatment. However, you must follow correct workers' compensation procedures, and that often includes getting a medical exam from a specific doctor.

The Company Doctor

Something that surprises people when they want to file a workers' compensation claim is that they are often required to see a doctor designated by the insurance company or the employer, even if they have already seen their own doctor. (Note that if you are a federal employee , rather than state or private, you may have the right to use your own doctor; however, you must consult with that lawyer familiar with the Federal Employees' Compensation Act. There have also been a few bills introduced into the Iowa legislature that would allow employees to predesignate a doctor for workers' compensation exams, but these bills have not really gone anywhere yet.)

On the face of it, this sounds relatively mundane, almost like getting a second opinion. But the danger in this is that the insurance/employer-designated doctor is not necessarily going to be on your side. The doctor has been hired to see if the injury really is work-related -- and to see if there's a chance that it's not.

This does not mean that the doctor is an outright enemy, but you must be cautious about how you speak to the doctor. Talk about only the incidents that led to the injury. Don't wander off the conversational track and muse about your yard work at home and how hard it used to be, or all those concerts you attended over the summer. If you're trying to get workers' compensation for a hearing loss that you think was the result of chronic noise exposure at work, and then you talk about going to loud rock concerts, the doctor may brush off your complaints as the result of the concerts, not work.

Improving Your Case

In addition to sticking to the subject, be prompt with your reporting. In Iowa, you have only 90 days to report a work-related injury that's kept you out of work for more than three days. Report any later than that, and you risk having your entire claim denied. As for injuries that kept you out of work for less than three days, speak with a lawyer as soon as possible.

Keep records; you do have the right in Iowa to have a copy of your medical records. If you've been denied copies, think the company doctor is ignoring your complaints, or have other questions about workers' compensation, consider consulting an attorney skilled in compensation law. Having an ally with sound legal knowledge could make all the difference in winning your claim.

The Most Common Construction Zone Accidents

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:45 GMT

The Most Common Construction Zone Accidents

17 Feb, 2017

There are countless people who dedicate their lives to improving the infrastructure of this country. They fill potholes, expand highways, put up buildings, and make sure that everyone can travel safely from place to place on a daily basis. Unfortunately, anyone who has spent time in the construction industry understands that the heavy equipment, location of the work, and nature of the industry can predispose people to serious injuries.

These injuries can lead to expensive medical bills that can financially cripple a family. Anyone who is injured on the job should understand that there may be avenues for financial recourse and recovery in the wake of an accident.

Auto-Related Injuries

Unfortunately, this is a common reason that construction zone workers are injured. When drivers pull up to a construction zone, they may become angry and frustrated that they're in for a lengthy delay. Some drivers may wait until the last minute before moving out of the lane that is disappearing. If they don't pay attention and move over quickly, the car could wind up barrelling through the cones and into construction workers on the other side. This can lead to severe injuries, especially if the car is traveling at high speed. The driver should be held responsible.

Injuries Related to Heavy Equipment

There are numerous pieces of heavy equipment at a construction site. This could include a backhoe, a tractor, a dump truck, a cement mixer, or anything in between. While these machines can make construction jobs more efficient, they also represent common reasons for severe injury. Even something as small as a nail gun could misfire and lead to a serious injury. Any injury resulting from equipment deserves to be investigated completely to discover the reason why.

Fires

Much of the equipment and many of the materials in a construction zone are flammable. It is important that these materials are clearly identified and contain clear instructions regarding their safe use and potential hazards. Without these markings, people may not realize that the materials are dangerous and could wind up causing serious injury. People should use extreme caution around all materials in a construction site to minimize the chance of injury.

Hire an Experienced Attorney for a Successful Outcome

This is only a sample of the many injuries that people can sustain in the construction industry. Anyone who has been injured on the job should contact an experienced legal attorney for a review of their case. Many people who are injured in construction zone accidents are injured in accidents that could have been avoided. If this accident places construction workers out of work for an extended period of time, they may lose their income in addition to having to pay for expensive medical bills.

These represent potential reasons for filing a lawsuit or a workers' compensation claim with the help of an experienced attorney. There may be ways to receive compensation for construction zone injuries.

Avoiding heat illness while working outside

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:43 GMT

Avoiding heat illness while working outside

13 May, 2017

Water. Rest. Shade. While manual labor isn’t universally described as “pleasant,” working outside during the spring and autumn months can be rewarding. With a cool breeze and generous cloud cover, workers can go about their business with little-to-no concern regarding...

Water. Rest. Shade.

While manual labor isn’t universally described as “pleasant,” working outside during the spring and autumn months can be rewarding. With a cool breeze and generous cloud cover, workers can go about their business with little-to-no concern regarding heat illnesses. As the spring months turn hot, however, heat exhaustion and heat stroke become deadly consequences.

The Occupational Safety and Health Administration (commonly referred to as OSHA) fights an ongoing battle to communicate hazards and educate workers on the importance of avoiding danger. Workers who spend their days outside – like construction workers – face a serious health risk if they don’t understand the warning signs.

Warning signs of Heat Exhaustion:

Dizziness
Headache
Sweaty skin
Weakness
Cramps
Nausea, vomiting
Fast heart beat

Warning signs of Heat Stroke:

Red, hot, dry skin
High temperature
Confusion
Convulsions
Fainting

OSHA requires that employers keep employees safe from hazards at work. While not immediately apparent, this also means providing a safe environment designed to combat hot or cold temperatures. In the case of extreme heat, employees should be provided with water, rest and shade in addition to constantly monitoring for signs of illness.

What can be done to prevent heat-related illness?

Heat exhaustion and heat stroke are devastating conditions that are best avoided altogether. By acting proactively, construction workers can prevent these heat-related illnesses. OSHA provides these simple tips that can be used to avoid heat related illnesses or fatalities.

Drink water every 15 minutes, even if you are not thirsty.
Rest in the shade to cool down.
Wear a hat and light-colored clothing.
Learn the signs of heat illness and what to do in an emergency.
Keep an eye on fellow workers.
“Easy does it” on your first days of work in the heat. You need to get used to it.

If you or a loved one has struggled with heat illness, it might be wise to file a workers’ compensation claim to recover money for lost wages and medical bills. If you are considering filing a claim or have been initially denied, an experienced workers’ compensation attorney can provide the guidance you need.

What Are Construction’s “Fatal Four?”

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:41 GMT

What Are Construction’s “Fatal Four?”

18 Jun, 2017

Construction sites are among the most dangerous work environments in the world. From heavy machinery to powerful tools to dangerous materials, construction workers tend to suffer serious injuries following numerous types of accidents. Unfortunately, many of these accidents are serious...

In data from the calendar year 2015, OSHA calculated that 937 worker fatalities, or 21.4 percent of private industry deaths, were in construction. Or, put another way, one in every five worker fatalities for the entire year were in construction.

The vast majority of these fatal incidents – more than 64 percent of the total – can be attributed to four types of accidents. OSHA has dubbed these types of accidents as the “fatal four.”

What are constructions “fatal four?”

Falls from height such as ladder falls, scaffolding collapse, falling through temporary flooring, falling off a building or falling down stairs.
Struck by an object can include items such as tools, materials or debris that have fallen from a ladder, scaffold or an open level several floors above.
Electrocution can result from poorly insulated wiring, ungrounded tools or wet surfaces.
Caught-in or caught-between is a category that includes construction workers killed when caught-in or compressed by equipment or objects, and struck, caught or crushed in collapsing structure, equipment or material.

According to the OSHA statistics, eliminating the fatal four would save 602 workers’ lives in America every year. While it might not be realistic to completely eliminate a set of accidents, workers might be able to reduce or even eliminate some dangerous situations by:

Remaining aware in all situations
Fighting against distractions
Ensuring you are wearing the proper safety gear
Ensuring you are following the proper safety protocols

If you were injured or you have lost a loved one in a construction accident, it is crucial that you learn about your options for monetary recovery. A personal injury claim can help you avoid future financial peril. Discuss your case with an experienced construction injury attorney as soon as you can.

Hardhats Are Not The Ultimate Protection

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:38 GMT

Hardhats Are Not The Ultimate Protection

20 Aug, 2017

Whether it is a large building or a small renovation project, construction sites can be dangerous environments for all workers. From ladder falls to falling debris to vehicle accidents, construction workers face catastrophic injuries nearly every day. Even safety equipment,...

A recent piece by the Brain Injury Society sheds some light on the dangers that remain even when a construction worker is properly equipped.

Non-penetrative brain injuries are typically caused when the cranium is violently jarred or is exposed to rapid back-and-forth motions. The internal injuries are caused by the motion of the brain in the skull. In essence, the brain is crushed against its own protective bone barrier. While a hardhat might absorb a great deal of the original impact – and protect the head from the initial strike – it cannot prevent the brain from moving inside the cranium. It’s the same argument the NFL now finds itself in. Designing a better helmet does not necessarily prevent the jarring motion of the tackle itself.

Hardhats provide the best hope of protection from traumatic brain injuries (TBI). TBI can either be mild or severe and are commonly typified by concussion. Symptoms of TBI, however, can be far ranging including persistent headaches, blurred vision, memory loss, cognitive impairment, mood swings and personality changes.

Any head injury – even something you might consider a minor bump – should be taken seriously. A minor fall, for example, might cause enough cranial motion to impact either the structure or function of the brain. It is wise to discuss your injury and legal options for monetary compensation with a construction accident attorney .

As Weather Turns Ugly – Stay Safe On A Construction Site

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:36 GMT

As Weather Turns Ugly – Stay Safe On A Construction Site

18 Oct, 2017

Spring and autumn months are highlighted by wind, rain and changing weather. The sudden changes from day to day – often from hour to hour – during these months can make working outside in the elements an unsafe challenge. But,...

There are numerous tips that both workers and supervisors can follow that can help prevent serious injuries and, in the most severe circumstances, death.

As we move past the summer and into the fall, rainy, windy, inclement weather is always around the corner. Having said that, remember that even a minor drizzle can dramatically impact worker safety around the job site. Rainy conditions can affect job safety in countless ways, including:

Live wires : Wet weather brings a higher probability that electrical cables can be live.
Slippery surfaces : Whether you are walking across a plank walkway, a roof or a scaffolding surface, the wet weather can make these surfaces unnaturally slippery. Additionally, climbing a ladder can bring unforeseen challenges.
Cave-ins : From a trench collapse to a tunnel cave-in, rainy weather can make soil more prone to structure failure.
Lightning strikes : Even though thunderstorms might be more prevalent during the spring months, it’s always wise to keep an eye on the sky. When a storm brings lightning strikes, the entire construction site can be at risk as elements such as ladders, cranes and exposed girders can act as lightning rods.
Heavy equipment : Operating heavy machinery from vehicles to power tools can take on challenging characteristics during inclement weather. The combination of rain and wind can make cranes, especially, dangerous.

Wearing the proper protective gear and protecting yourself against the cold can go a long way toward keeping you safe during the fall change of weather. Paying special attention to the factors mentioned can help you avoid serious injuries on a construction worksite .

MULTI-VEHICLE PILEUPS

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:33 GMT

MULTI-VEHICLE PILEUPS

12 Mar, 2018

HAVE YOU BEEN INJURED IN A MULTI-VEHICLE PILEUP?

It is common for some of the most serious car/truck accidents to involve multiple vehicle pileups. This is especially true on the interstates. Often there are several persons at fault. When there are serious injuries an issue arises as to who will pay the damage so that the victim is fully compensated.

There is often inadequate insurance to cover all of the damages in a freeway pileup. However, you can recover 100% of your damages from anyone who is more than 50% at fault in causing the accident and injuries. For example, if there is an accident involving your car, two other cars, and a truck where the truck driver was 60% at fault, the truck driver's insurance company would be responsible for the full damages even though 40% of the fault might rest with the other two drivers. The truck driver's insurance company can then sue the other two drivers to recover that portion of the damage caused by those drivers. The reason this is allowed is that there is strong social policy to insure that if a person or company causes the majority of the damage that the victim is fully compensated by those principally at fault.

Because multi-vehicle accidents involve complex factual issues to determine who was at fault, it is best to investigate the accident immediately after it has happened. An attorney is in a poor position to perform that complex investigation personally because he or she cannot be a witness on your behalf at trial and still represent you in the case. Therefore, our firm uses an investigator to assemble all the facts.

In summary, a prompt investigation on a complex crash will often allow your attorney to properly establish fault and the full extent of your damages.

PERSONAL INJURY: VICARIOUS LIABILITY

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:31 GMT

PERSONAL INJURY: VICARIOUS LIABILITY

21 Mar, 2018

PERSONAL INJURY: VICARIOUS LIABILITY

Q. Often, a negligent driver has inadequate insurance. Sometimes, even the injured person's uninsured or underinsured motorist coverage is not sufficient to cover all of the damages. Clients ask if there is any other insurance to turn to so they can be fully compensated for their injuries.

A. Yes. There are numerous circumstances which would make persons or companies other than the negligent driver legally liable for damages suffered as a result of the careless driver's conduct. This is called vicarious liability. Under Iowa law, an owner of a vehicle driven by someone else with the owner's consent is legally liable for the damages negligently caused in the operation of that vehicle. For example, if the owner of a car loans his car to a friend who negligently injures you, then the owner's insurance will also provide coverage. Therefore, if the driver had $20,000.00 of liability insurance and the owner had $100,000.00 of liability insurance, there would be a total of $120,000.00 of liability insurance. This is one good reason why parents often raise their liability limits when their children begin to drive their vehicles.

Another circumstance which commonly creates vicarious liability is when an employee on the job injures someone while operating a vehicle. This may be an over-the-road truck driver employed by a company or a delivery person driving his own vehicle. In either circumstance, the employer would be liable for the negligence of its employees. Since companies often have much higher insurance liability limits, this can be beneficial.

EVIDENCE

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:28 GMT

Is It Important To Gather Evidence Shortly After An Accident?

28 Mar, 2018

Q. Is it important to gather available evidence shortly after an accident? What type of evidence should be gathered?

A. Yes. Collecting and preserving evidence is critical to an injured person's ability to receive justice through our tort system. We live in a time when injured victims must prove all aspects of their case, even the obvious aspects. If an injured victim delays gathering evidence and simply depends upon the insurance company or law enforcement to gather evidence, serious harm can be done to your case.

As soon as possible after an accident, you or your attorney should start the process of gathering evidence. In personal injury situations this would include:

1. Taking photographs of the accident scene.

2. Taking photographs of both vehicles.

3. Photographing your injuries, if visible.

4. Taking statements from the other party.

5. Taking statements from witnesses.

6. Learning about the law that will control your case.

7. Documenting your wage loss.

8. Starting the process of collecting your medical bills.

9. Getting reasonable and necessary medical care for your injuries.

Although this list looks simple, in practice, it is hard to do a complete job when gathering evidence. Taking statements and photographing vehicles require that you know what you are doing. People with questions concerning investigation of an injury should discuss them with an attorney of their choice.

PERSONAL INJURY - PROMPT INVESTIGATION

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:26 GMT

Personal Injury-Prompt Investigation Q & A

02 Apr, 2018

Q. A client called recently to discuss an injury from an automobile accident. The accident took place ten days before the client called. The client had just got out of the hospital and had been contacted by an insurance company wanting photographs, statements, and medical records. The client was seeking general advice concerning what steps should be taken in the early stages of the claim.

A. Prompt investigation is essential for both parties involved in a potential claim. Fully investigating the case at an early stage helps the injured party properly evaluate the strengths and weakness of their claim.

Prompt investigation on behalf of the injured party should include photographs of the scene and cars, photographs of the injury, witness statements, and the gathering of any other relevant evidence. Equally important is attempting to speak to the other driver to learn why the accident happened.

Insurance companies often advise its driver not to speak to the injured victim for fear that its driver will admit liability. An admission of liability by the responsible party can be a very important part of the development of a claim. Insurance companies advise their drivers not to give statements, therefore not giving statements is also good advice for the injured person. That is, don't talk to the insurance company until you fully understand the facts of your case, your injuries, and how the law would apply to your particular fact pattern.

Simply believing that a police report contains all necessary information is short sighted. While the police force will do an adequate job of basic investigation, a police department cannot devote the time and attention necessary to gather all of the details from which a claim can be evaluated.

It is best to take your time after an accident, collect your thoughts, and make sure that you understand all of the relevant details before giving statements to anybody. Most law firms will conduct an initial evaluation/investigation of a case without charge.

Health Insurance Right to Repayment

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:23 GMT

Personal Injury: Health Insurance Right to Repayment

06 Apr, 2018

Personal Injury: Health Insurance Right to Repayment

Q. Usually after an automobile accident the medical bills are initially paid by the victim's health insurance. A letter then comes from the health insurance company stating that there are subrogation rights under the policy. Clients often ask whether they have to repay the health insurance company out of the settlement they receive from the negligent person's insurance company.

A. Most health insurance policies have provisions which require repayment of any medical benefits paid as the result of an accident if there is a recovery from a negligent party or that party's insurance company. Without this provision the health insurance carrier has no right to be repaid out of the proceeds of any recovery from a negligent party.

The rationale for allowing reimbursement to the health insurance carrier, if there is a policy provision requiring this, is to avoid a double recovery on the part of the injured victim. Since, in most cases, part of the recovery by the victim will be for medical bills incurred, that portion of the recovery should be repaid to the entity that originally paid those bills.

Personal Injury: Disclosing Prior Medical Care

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:21 GMT

Why is it important for an injured person to disclose prior medical problems?

17 Apr, 2018

Personal Injury: Disclosing Prior Medical Care

Q. Why is it important for an injured person to disclose prior medical problems?

A. Any prior injury, or medical care is relevant in determining what injury you sustained from your accident. For example, a person who hurts their neck in an automobile accident should expect to be questioned by the doctors, and the insurance company, concerning any previous injuries to the neck and shoulder region. The reason for this inquiry is that the insurance company is entitled to know if you are seeking compensation for an old condition that has been aggravated by an accident, or if this is an entirely new traumatic injury. Of course, even an aggravation of an old injury can be covered in the claim.

Uninformed injured victims sometimes believe they should not disclose prior medical problems of a significant nature. They reason that the prior problem is not the cause of the current injury and fear that if they reveal the earlier injury they will be denied medical care or compensation needed as a result of this accident. The danger here is that the injured person is withholding evidence that may, or may not, be relevant. When you withhold evidence from the doctors, or the insurance company, you raise the question as to whether or not you are being truthful on other topics.

For example, assume that a person injured their knee in a basketball game many years ago. If that same person then suffers a broken hip in a car accident it is important to disclose the prior knee injury. Although the prior knee injury is not relevant to a broken hip suffered in a car accident, the failure to disclose it could adversely impact your case.

The best policy is to provide full, and complete disclosure on all topics involved in litigation. Any time you withhold information from your doctors, or the insurance companies, you can harm your case to a far greater extent than ever would be done by revealing the information. If you have questions as to what type of information is relevant, or should be disclosed, you should consult with an attorney of your choice.

Personal Injury - HEAD INJURY

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:18 GMT

Personal Injury - HEAD INJURY

23 Apr, 2018

Q. Family members come to us with questions about head injuries that have occurred to their love one. Often nothing abnormal shows up on the MRI or CT scan of the head. Yet, the person's behavior is dramatically different after the head injury. The insurance company acts as if the claim is bizarre and without merit. Clients often ask us if this is true?

A. Doctors know that there can be damage to the brain which causes dramatic changes in behavior even though there is nothing abnormal on the CT scan or MRI. Family members and friends, therefore, are key witnesses in this type of claim. Some of the signs of head injury doctors look for are: (1) loss of consciousness at the time of the accident; (2) inability to remember the accident; (3) disorientation at the time of the accident; (4) short-term memory problems; (5) visual disturbances; (6) change in personality; and (7) loss of sense of smell due to damage to the olfactory nerve as the brain bounces against the inside of the skull. It is not uncommon for the person with the head injury not to recognize these changes. Testing done by a neuro-psychologist can sometimes verify injury to the brain.

When a person has suffered an injury to the brain it can have devastating effects on the injured person and his family. Your attorney will explore these losses so that the claim can be properly presented to the insurance company or the court.

Typically, an attorney who handles these type cases will recommend that the case not be settled within the first year after the injury. This is because in most head injury cases, the extent of permanent brain damage and loss of function cannot be assessed until that time.

In summary, injuries to the brain can be quite serious even without fracture of the skull or positive findings on a MRI. These claims should be thoroughly investigated by an attorney of your choice.

HIT AND RUN

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:15 GMT

RECOVERY FOR A HIT AND RUN

01 May, 2018

Q. A client called recently who had been involved in a hit-and-run car crash. The identity of the driver who was at fault was never discovered. The client asked whether there was any recovery he could make under his own policy for his injuries.

A. In most instances, a person who purchases automobile insurance in Iowa has uninsured motorist coverage. The purpose of this coverage is to provide compensation for injuries caused by an uninsured driver. In essence, a person who is hit by an uninsured driver can make a claim against their own automobile insurance for the injuries they suffered. The injured person's own insurance company then is obligated to pay the damages just as if that insurance company had insured the uninsured driver. The amount of coverage available under uninsured motorist insurance depends on the amount purchased.

PERSONAL INJURY - SETTLING EARLY

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:12 GMT

PERSONAL INJURY - SETTLING EARLY

09 May, 2018

Personal Injury: Settling Early

Q. I was in an auto accident that resulted in treatment for neck injuries. The accident was the fault of the other driver. My doctors assured me that I had "recovered" and that the injury would "eventually go away". Because I felt financial responsibility to pay the doctors I settled my case at a level that I thought was fair. Now, one year later, I still have daily pain and my doctor has recommended neck surgery. The condition that was supposed to "go away" has gotten worse. Do I have any chance of getting the insurance company of the other driver to pay for the upcoming medical bills?

A. Probably not. In almost every case an insurance company will insist on a future release before it pays even the most obvious of medical bills. Also these companies are generally sophisticated enough to draft a release that will be enforceable. So, look carefully at your release and determine if you specifically released known or unknown injuries that might arise in the future.

This question is a good example of what can happen if a case is settled too quickly. Sometimes the injured person lets mounting medical expenses influence them to settle the case before the damages are known. There are ways around this problem. For example, did you have medical bill coverage on your car? Do you have health insurance? Or, often an assurance from your attorney, that the bills will be paid out of any settlement, will satisfy the medical provider to be patient.

Doctors are often optimistic that a good recovery can be achieved and are usually eager to state that opinion even when the nature of the injury suggests otherwise. You should not let early medical optimism cause you to foolishly settle your case at an early stage.

Rather, you should only settle the case when you are fully satisfied that you are recovered. What’s the hurry? If your case is solid, and you are entitled to recovery, why make bad choices just because the responsible insurance company is refusing to pay the medical bills.

This situation should not be confused with workers' compensation cases. In certain circumstances, a worsening condition arising from a work injury can result in payment of further medical bills, or weekly benefits by the insurance company.

WORK COMP - DENIAL OF CLAIM

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:23:04 GMT

WORK COMP - DENIAL OF CLAIM

25 May, 2018

WORK COMP : DENIAL OF CLAIM

Q. In some circumstances a worker sustains an injury and asks the insurance company to provide benefits. After investigation the insurance company responds that it believes there is no merit to the claim and refuses to make payments of medical, or other weekly benefits. Does this position by the insurance company end the worker’s right to benefits?

A. No. Very often an insurance company will conduct its investigation quickly and miss important points concerning the facts, or the law pertaining to an injury. The denial of the claim by the insurance company does not diminish, in any regard, the rights of the worker.

It is disappointing that an insurance company will not immediately accept the claim as compensable but this does not mean that you should stop your efforts to provide information, or factual material that will support the claim. Sometimes the doctor is asked whether the work injury caused the problem requiring surgery or treatment. The doctor may answer no if the worker had a pre-existing condition which was lit up or aggravated by the work. Yet, the claim would be compensable. Sometimes, the insurance company will have conflicting evidence and deny a winnable claim.

Understand that an insurance company is in an adversarial relationship with you. Its only interest is to take care of the insurance company, not you. For that reason you do not have to rely upon the insurance company to figure out the strengths and weaknesses of your case. Once the insurance company has the appropriate information, and still refuses to provide benefits, you should consult with an attorney of your choice to determine if the insurance company is wrong.

PAIN & SUFFERING

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:59 GMT

PAIN & SUFFERING

08 Jun, 2018

Pain and Suffering

Q. A common question asked by our clients who have been involved in car crashes is: "What is a fair amount to compensate me for the pain and suffering that resulted from the crash?"

A. It is hard to talk about money when evaluating things like human pain and human suffering. Unfortunately, money damages are all that is allowed for these losses. The amount must be reasonable. What is reasonable is for the jury to decide. However, in this context, reasonable should not mean cheap or bargain basement value. Reasonable means based on reason. The damages awarded should be fair, decent and full damages for the loss sustained.

Suffering includes depression, anxiety and loss of enjoyment of life. Although the amount may be quite substantial in a case where the pain and suffering will last a lifetime, to award less would not be just when the damages are caused by the Defendant’s negligent conduct.

In determining reasonable compensation for a person's pain and suffering, there is no mathematical formula to rely on. We often hear arguments from insurance adjusters that the value should be 3 times the medical bills and lost wages. There is nothing in the law that supports this type of analysis. One should look at the severity of the pain, the extent of the human suffering, and the length of time the person experiences each. It is apparent that a lifetime injury is worth much more than a short period of pain and suffering. Likewise, the intense pain of a burn victim or the suffering of a brain injured person is a much more devastating loss than the discomfort of a mild headache. Attorneys often use the verdicts obtained in other similar cases to estimate an appropriate value.

WORK COMP - 90 DAY NOTICE

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:39 GMT

WORK COMP - 90 DAY NOTICE

22 Jun, 2018

Q. Many companies have a policy that work injuries must be reported within twenty-four hours. Often an injured worker is told that because they did not comply with the 24 hour company policy for reporting the injury the worker cannot make a workers' compensation claim. Can missing a company deadline destroy a valid work comp case?

A. Under Iowa law an injured worker can report an injury within 90 days of the event and still have a valid workers' compensation claim. It is no defense for the company to hide behind an arbitrary time limit of 24 hours. The law is you have 90 days to report the injury.

Think about this example, if you are hurt on January 1st of a given year, you will at least have until March 30th of the same year in which to tell the company about your injury. Just take a calendar and count forward 90 days to find your last possible date on which to give notice of injury.

The best practice is to tell the company as soon as possible that your injury has taken place. Don’t wait until the last possible moment to give notice about an obvious injury as this will just cause problems with suspicious employers. But, giving prompt notice is not always possible. What about a worker who strains a back on Friday afternoon but waits to report it until seeing how it does over the weekend? Or, if you pick up an infection from a wound at work and it takes weeks for the problem to fully develop no one can fault you for not immediately reporting the work connection. Many workers do not know that if they hurt themselves through repetitive motion jobs that their case is valid even if several weeks, or even months, go by until the doctor explains that work likely caused the symptoms.

These are but a few of the ways in which a valid claim can take time to fully develop. These problems can be very complex. A worker facing a 90 day notice problem should call an attorney immediately.

TIME LIMITS FOR WORK COMP INJURIES

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:37 GMT

TIME LIMITS FOR WORK COMP INJURIES?

12 Jul, 2018

Q. On occasion clients will call to discuss an injury that took place more than one year ago. They want to know if there is time limit that would affect the ability to bring the claim.

A. There most certainly are specific time limits in workers' compensation cases. For a worker who has not been paid any weekly benefits, the statute of limitations is two years from the date of injury.

For the worker who has received weekly compensation, or even daily compensation, the statute of limitations is a floating date that is measured by three years from the date of last payment of weekly benefits. Payment of medical bills only does not extend the statute of limitations.

Lastly, workers need to understand that Iowa law requires that the worker give notice of a potential injury to the employer within ninety days of when the accident took place, or when the employee "knew, or should have known" that there was a probable work injury. Giving notice to your employer can be as simple as speaking to your supervisor about the injury. However, it is best to give notice in a written manner.

Many employers have work rules requiring the worker to give notice in a written format. Some employers mistakenly believe that if a worker does not give notice within twenty-four hours of an injury that the worker can no longer make a claim for workers' compensation benefits. Although a claim after twenty-four hours might be in violation of company rules, it does not make the claim invalid, so long as the claim is made within ninety days.

These notice standards vary dramatically from case to case. You should consult with an attorney of your choice in determining whether or not a notice, or statute of limitation problem exists in your workers' compensation case.

WORKERS' COMPENSATION - GRADUAL INJURY

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:35 GMT

WORKERS' COMPENSATION - GRADUAL INJURY

20 Jul, 2018

WORKERS' COMPENSATION - GRADUAL INJURY

Q. Where there is no single traumatic injury that brought on the symptoms, workers will often wonder if there is a workers' compensation claim.

A. In Iowa, repetitive or cumulative injury claims are compensable and no one specific event causing injury is required to make a workers' compensation claim. Many injuries come on gradually. This is particularly true of shoulder and back injuries in the trucking industry and neck and back injuries in most any heavy manual labor activity. Even light manual labor that is done repetitively has been linked to degenerative changes that eventually become symptomatic.

Often the underlying damage is caused by work and some activity outside of work makes the condition even more symptomatic. For example, a person may have recurrent back symptoms at work and then the disc could rupture through some non-work activity. This may still be a valid workers' compensation claim.

The key question is whether the work activity was a substantial factor in bringing about the need for medical care, the restrictions, or the disability.

If you have to miss time from work due to a condition you reasonably believe is caused from work activities you should notify your employer immediately and ask your physician if it is related to the work activity.

This is an area where the time limits for giving notice and filing a claim can become complicated since there is no specific injury date. It is therefore advisable to contact an attorney of your choice immediately if you believe that work activity has caused symptoms and there is no specific injury that brought them on.

BILL COLLECTORS - WORK COMP

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:32 GMT

BILL COLLECTORS - WORK COMP

10 Aug, 2018

Work Comp - Bill Collectors

If you are being harassed by a bill collector in reference to medical expenses from a work injury is there anything that you can do?

Yes. Bill collectors are notorious for aggressively pursuing individuals for payment of work related medical bills. Typically, this problem arises because the work comp insurance company refuses to pay valid medical bills. Not wanting to fight an insurance company, the bill collectors turn on the worker and demand payment. Sometimes the workers are sued in small claims court. In situations where the medical bills are the result of a work injury, there are steps available to the worker who is being pursued by a bill collector.

Iowa law recently restricts the ability of a bill collector to pursue a worker for work related expenses. What the legislature did was to forbid the use of the small claims court, or district court process, for bill collection efforts. If a worker has a claim on file with the Iowa Industrial Commissioner in which the medical bills is being disputed the bill collector must wait until the Iowa Industrial Commissioner resolves that issue. Obviously, if the Industrial Commissioner find that the bill should be paid, then the work comp insurance company will pay the bill, and late charges in full.

The keys to making use of this process are as follows:

1. The medical expense at issue must be the product of a work related injury.

2. The medical bill must be turned over the workers' compensation insurance company.

3. A worker must have a contested case on file with the Iowa Industrial Commissioner in which the medical bill is at least one of the issues.

If you can establish these three elements, it will be impossible, and incredibly unfair for the bill collector to take you through the small claims court system.

Individuals who are being harassed by bill collectors in this circumstance should tell the bill collector that "Iowa Code § 85.27(6), prohibits the use of the small claims court to collect this work related medical expense."

Individuals with this problem should contact the workers' compensation insurance company and request their assistance. You can also consult with an attorney of your choice to receive further guidance and information as to this very unpleasant problem.

WORK COMP - MILEAGE EXPENSE

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:30 GMT

WORK COMP - Mileage Expense

29 Aug, 2018

Injured workers often have substantial mileage expense while attending medical appointments and job searching. Is this expense recoverable by the worker?

An injured worker can almost always recover mileage expense incurred while attending any type of work related medical appointment. You are entitled to be reimbursed for your round trip mileage expense. The approximate rate of reimbursement is 54 cents per mile. This mileage reimbursement applies to such things as seeing the treating physician, going to the hospital for surgery, trips to pick up prescription medication, or trips for physical therapy.

Typically, the insurance company is not obligated to pay you for mileage expense incurred while job searching. However, a reasonable insurance company will strongly consider making these payments because helping the worker find a new job can improve the insurance company's position in the case. In other words, if an insurance company cooperates by making your job search easier, it may actually save money on the ultimate value of the case. By helping a worker find work, the insurance company acts responsibly and lessens the economic loss to the worker.

Keep in mind that Iowa law also allows for reimbursement of many other types of out of pocket expenses that the worker might have. This would include such things as crutches, braces, and home improvement appliances to assist in the recovery from surgery, etc. You should talk with your insurance company about what items it will and will not reimburse. If the insurance company refuses to reimburse you in a prompt manner or refuses to reimburse for out of pocket expenses that are directly caused by your accident, you should seek further guidance to determine your rights.

PERSONAL INJURY: Medical Bills Following Crash

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:27 GMT

PERSONAL INJURY: Medical Bills Following Crash

30 Oct, 2018

PERSONAL INJURY: MEDICAL BILLS FOLLOWING CRASH

Q. Often a client comes to an attorney following an automobile collision with questions about medical bills. Frequently the insurance company for the person responsible for the collision has advised the client that it will not pay medical bills until the case can be completely settled. The client asks: How will the bills get paid so that my credit is not affected?

A. Most health insurance policies provide for payment of medical bills even if the injuries are the result of another's negligence. If there is a settlement or jury award, typically the health insurance carrier would have the right to get its money back with certain deductions for attorney fees and costs associated with the recovery of those funds.

Additionally, if you are injured in a car accident and have automobile insurance or if there is insurance on the car in which you are riding, there will likely be medical payments coverage under that insurance. Medical payments coverage pays for medical bills resulting from a crash up to the limits of coverage purchased regardless of fault. Typically, this coverage also allows the insurance company that makes the payment to be reimbursed, after attorney fees and costs, from the settlement proceeds obtained from the insurance company of the negligent person.

Getting the medical bills paid in a prompt manner will allow you to both obtain the medical care needed and keep your good credit rating.

ACCIDENT ON THE JOB? CAUSED BY SOMEONE ELSE?

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:26 GMT

ACCIDENT ON THE JOB? CAUSED BY SOMEONE ELSE?

28 Nov, 2018

ACCIDENT ON THE JOB? CAUSED BY SOMEONE ELSE?

A caller to our office wanted to know their rights when involved in an accident while on the job, but caused by someone other than their employer or co-employee.

An injured worker cannot normally file a civil action against their employer for personal injury sustained on the job, and must use the workers' compensation system only. Often, however, a worker is injured as the result of the action of a person or company not connected to the workers employer. Car, construction accidents and faulty equipment causing injury are the most common examples of these types of third-party claims.

The injured employee would receive workers' compensation benefits from the employer, and also have the right to pursue a claim for damages against the person or persons causing the accident who are not connected with the employer. This claim is a civil action for personal injury and allows the injured employee to recover damages that are not available under workers' compensation. Damages for pain and suffering & past and future lost wages are available in the civil action, and not part of the workers' compensation claim.

The employer and its' workers' compensation insurance carrier have subrogation rights to any damages the employee recovers from a third party. The employer and insurance carrier also have the right to bring the action against the third party if the injured employee does not do it after notice to recover what was paid out under the workers' compensation system. As with any case, prompt investigation is needed to secure accurate information and protect your rights!

WORK COMP-PLANT CLOSING

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:23 GMT

WORK COMP-PLANT CLOSING

06 Dec, 2018

Work Comp: Plant Closing

Q. What happens to an individual's workers' compensation case when the company for whom they are working closes the plant?

A. In most circumstances the fact that a company relocates, closes its doors, or lays off employees, is of no consequence to the worker in terms of their workers' compensation rights.

In other words, the worker would still be entitled to medical care, healing period payments, reimbursement of out-of-pocket expenses, and compensation for the worker's loss of earning capacity should the plant close. Keep in mind that with the closing of a plant the worker's loss of earning capacity is more easily demonstrated. A previously injured worker who is now faced with the prospect of going back into the job market and seeking employment with a new employer may be entitled to further compensation from the insurance company. Loss of earning capacity measures the loss of the worker's ability to secure work generally. Obviously, being forced into the job market (where a past back injury could cause an employer not to hire you) can be one factor that will increase the amount of industrial disability you are entitled to.

If you have questions concerning the effect of a plant closing on your individual workers' compensation case talk with your employer, the insurance company, or an attorney of your choice.

WORKERS' COMPENSATION - MEDICAL EXAMS

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:19 GMT

WORKERS' COMPENSATION - MEDICAL EXAMS

13 Dec, 2018

Work Comp - Medical Exams

Q. Workers with neck and back injuries are often asked to travel a great distance away from home so that examinations, and treatment can be undertaken at specialized "occupational" institutions. For example, a Des Moines worker might be asked to travel to Iowa City to participate in a day long series of testing. Does the worker have to go?

A. In many cases the worker does not have to attend these types of appointments. The Iowa Industrial Commissioner has established that if reasonably similar medical care is available in the workers own geographic area, it is unreasonable to require the worker to travel a great distance so that they can be seen by an occupational injury clinic suggested by the insurance carrier.

Asking a worker to travel several hundred miles from their home to be seen at a specialized clinic raises strong suspicion in the workers mind that the destination may not prove to be a friendly one. The best insurance practice is to take advantage of local programs, and medical experts to arrive at answers to fairly straight forward and simple questions.

Workers with questions concerning situations where they are being asked to travel a great distance from their home to secure routine medical examinations, or care should consult with an attorney of their choice.

WAGES LOST FOR DOCTOR APPOINTMENTS

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:17 GMT

Wages lost for doctor appointments

18 Jan, 2019

Q. I was injured on the job and received some workers' compensation payments during the period of time I was off work. I have now returned to work, but occasionally lose time from work to see doctors or to go to physical therapy. My employer makes me clock out and I lose pay for the period of time that I am gone. Is this correct?

A. No, this is not the way the matter should be handled under the Iowa Workers' Compensation laws. The Iowa Workers' Compensation Law provides that once a person has been paid workers' compensation benefits, returns to work, and is no longer receiving benefits and is required to leave work for one full day or less to receive medical care for their work injury, the employee shall be paid their lost wages at the employee's regular rate of pay for the lost time the employee is required to be gone from work. The employer, not the workers' compensation insurance carrier, is required to make payments under this portion of the Workers' Compensation Law. These payments are not construed as payment of weekly benefits that extend your statute of limitations, but must be made to compensate you for your lost time from work to attend medical appointments.

The employer is to be reimbursed for these payments by the workers' compensation insurance carrier. The employer must pay for the period of time that you are gone from work to attend medical appointments.

PERSONAL INJURY: SEVERE INJURY OR DEATH/DAMAGES TO THE FAMILY

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:15 GMT

PERSONAL INJURY: SEVERE INJURY OR DEATH/DAMAGES TO THE FAMILY

03 Apr, 2019

PERSONAL INJURY: SEVERE INJURY OR DEATH/DAMAGES TO THE FAMILY

Q. Often, when a person who has suffered a catastrophic injury such as severe burns, brain damage, paraplegia, quadriplegia, amputation, or injury resulting in death, there will be an unimaginable loss to the family. Injured clients and their loved ones often ask whether the tremendous loss that the family has suffered, as a result of the injury or death, is recognized under the law?

A. Yes. When a family loses a child, a mother or father, the loss is staggering. Insurance covers this loss when a person was careless and caused the injury or death.

What is the true value of that loss? Do you think the insurance company will tell you? We have recovered millions for families. Call us today.

INJURED WORKER MEDICAL BENEFITS AFTER TERMINATION

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:13 GMT

INJURED WORKER - MEDICAL BENEFITS AFTER TERMINATION

12 Apr, 2019

MEDICAL BENEFITS AFTER TERMINATION

Q. Callers want to know the effect that termination of employment has on an injured worker's right to receive workers' compensation benefits. Frequently the worker is told that they no longer have rights to future medical care when they leave work. Is this correct?

A. An injured worker's eligibility for medical care benefits under workers' compensation is not affected by a voluntarily quit, or by the worker being fired. Workers' compensation medical benefits are due as a result of an injury that occurs on the job. These benefits are not tied to whether or not a worker is still employed with the company. A common misconception among employers is that an employee who leaves employment is no longer eligible for any type of company sponsored benefits. One example of this misunderstanding is eligibility for workers' compensation.

The basic rule is that a worker with a valid injury is entitled to medical benefits for reasonable and necessary treatment associated with that injury. This type of medical benefit can be provided long after the worker leaves the employment, or even retires.

It is best to discuss these types of problems with an attorney of your choice.

WORK COMP - HOME RECOVERY

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:11 GMT

WORK COMP -HOME RECOVERY

14 May, 2019

Work Comp - Home Recovery

Q. Assume that a worker has serious injuries from a fall. These injuries could require many weeks in a nursing home while the worker gradually recuperates. Is it possible for the worker to do the recuperation at home?

A. In many cases, it may be possible for the worker to do their rehabilitation at home. Of course, this will require a tremendous commitment by the worker's family to provide services and care necessary to help the worker recover as rapidly as possible.

Iowa law does not require that a worker stay in a nursing home if reasonable steps can be taken to help the worker spend the recuperation time at home. Obviously, recovering at home would also involve a huge savings on the overall cost of the workers' compensation case. Before making the decision to recuperate at home, an injured worker should talk to the insurance company about many additional costs that will be necessary because of the recuperation at home.

1. This would include getting a nurse in the home to help the worker.

2. Making provisions for modifications to the home involving such things as ramps, safety rails in the bathroom, etc.

3. Agreeing on how to handle transportation expenses, or other out-of pocket expenses that arise because of the home recovery program.

In some circumstances, insurance companies will be willing to compensate family members for performing various services. For instance, if a family member is capable of changing dressings, or administering minor medical care, it would make sense for the insurance company to pay the family member directly to perform those services. However, the insurance company will have the choice as to how these costs should be paid.

A home recovery program can have tremendous benefits to both the worker, and the insurance company. Persons considering this type of program should begin a dialogue with the insurance company to see if this is feasible. In the final analysis, the insurance company has the right to control the medical expense in cases of serious injury. In some cases, the insurance company may opt for the more expensive route of nursing home care, as opposed to home recovery care.

Personal Injury-Medical Bills

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:09 GMT

Personal Injury-Medical Bills

21 Jun, 2019

PERSONAL INJURY: MEDICAL BILLS

Q. Questions arise when a person is in a car accident as to who should pay the medical bills. Should the bills be submitted to the victim's health insurance company, the other driver's insurance company, or the victim's own car insurance company?

A. All three of these insurance companies are potential sources of payment for medical expenses. As a practical matter, the victim's car insurance company (if you carry medical payment coverage) is a good starting point. Automobile medical payment coverage will take care of medical expenses that arise directly from the automobile accident.

Next, the victim should consider using their own health insurance. Usually, your health insurance will only pay for medical expense after your own automobile medical insurance has been paid, or if there is no med pay available. In most cases, your individual health insurance coverage is the best source of immediate payment for your medical bills arising from a car accident.

As a general rule, the insurance of the other driver will not immediately pay your medical bills. Under Iowa law, the insurance company for the other driver is not required to promptly pay your medical bills. The other driver's company may accept responsibility for the accident but generally will not pay your medical bills until you are ready, willing, and able to give a full and complete release. This delay in paying bills is a big problem if your medical condition is so severe that you experience a lengthy healing period. For example, if you are still in active physical therapy and taking medication one year after an accident, the other driver's insurance will be unwilling to pay your medical bills until you give it a full and complete release of all claims, including future claims.

These can be very complicated choices and you should exercise caution in making decisions.

Surveillance

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:06 GMT

Surveillance

03 Oct, 2019

Sometimes after a serious injury, the insurance company will hire a private investigator to conduct surveillance of the injured person. What can the injured person do about this?

Unfortunately, there is not much a person can do to stop this invasive action by an insurance company. Under current law, and current insurance practices, it generally is permissible for an insurance company to place an injured person under surveillance. This is true in both workers' compensation and personal injury situations.

There are two goals that make surveillance valuable to the insurance company. The first goal is to document the injured person's level of activity. The insurance company is hopeful that it can catch the injured person doing inappropriate activity for the type of injury they have.

The second goal of surveillance is getting the injured person to deny activity that has already been photographed. Here is an example: Assume that a person has a serious low back injury. After surveillance the insurance company gets photos showing the person can shovel snow. These photos alone would not hurt the person's case as many people with back injuries can still shovel snow. What hurts the case is when the person later testifies that they can’t shovel snow.

The best advice injured people can follow is to be truthful about your activity. People fear that if they admit they are able to do physical activity that it will destroy their case. The exact opposite is true. If you deny activity that you are engaged in, it will serve to hurt your credibility, and ultimately cause your claim to lose value.

In this day and age surveillance is a fact of life, so don't fear it. The key for the injured person is to be truthful in all regards concerning their physical activity. The most important part of any injury situation is your truthfulness. You should do nothing to diminish its value

WORKERS' COMPENSATION - Gradual Injury

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:04 GMT

WORKERS' COMPENSATION - Gradual Injury

24 Oct, 2019

Where there is no single traumatic injury that brought on the symptoms, workers will often wonder if there is a workers' compensation claim.

In Iowa, repetitive or cumulative injury claims are compensable and no one specific event causing injury is required to make a workers' compensation claim. Many injuries come on gradually. This is particularly true of shoulder and back injuries in the trucking industry and neck, back and knee injuries in most any heavy manual labor activity. Even light manual labor that is done repetitively has been linked to degenerative changes that eventually become symptomatic.

The key question is whether the work activity was a substantial factor in bringing about the need for medical care, the restrictions, or the disability.

WORK COMP-INJURED OUT OF STATE?

websites@hibu.com (Hibu Websites) — Wed, 31 Mar 2021 16:22:02 GMT

WORK COMP - INJURED OUT OF STATE?

07 Jul, 2020

What happens if an Iowa worker gets hurt out of state? Does Iowa law apply?

Yes, but there are several questions that must be answered before you can be confident Iowa law applies. 1) Were you hired in Iowa? This can be a tricky question. 2) Does your company have an office in Iowa or do work in Iowa? 3) Does your company have a rule that Iowa work comp applies to all injuries, anywhere?

Remember that a worker injured in a different state also has rights in that state. So, be sure to check the laws in both states to be fully informed about the best path to follow. At our law firm, the calls are free… no matter how complicated the questions.

Lawyer, Lawyer, Dutton, Drake & Conklin, L.L.P. Blog | West Des Moines, IA

Can I Afford a Workers' Compensation Attorney in Ankeny or throughout Iowa?

Can I Afford a Workers' Compensation Attorney in Ankeny or throughout Iowa?

Should I Talk to an Attorney Before Speaking to the Insurance Adjuster About an Accident in Ankeny, IA?

Should I Talk to an Attorney Before Speaking to the Insurance Adjuster?

Can I Get Fired After Filing a Workers’ Comp Claim in Iowa?

Can I Get Fired After Filing a Workers’ Comp Claim in Iowa?

Why You Should Always Report a Personal Injury Right Away in Iowa

Why You Should Always Report a Personal Injury Right Away in Des Moines or Anywhere in Iowa?

What Happens When Two Doctors Disagree About Your Work Restrictions?

What Happens When Two Doctors Disagree About Your Work Restrictions?

Do I Have a Case If the Accident Was Partly My Fault in West Des Moines or Anywhere in Iowa?

Do I Have a Case If the Accident Was Partly My Fault in West Des Moines or Anywhere in Iowa?

Are Personal Injury or Workers’ Comp Settlements Taxable? | LLDDC Law | Urbandale, Iowa

Is a Personal Injury or Workers’ Compensation Settlement Taxable?

The Iowa Second Injury Fund – Can You Get Extra Benefits If You’ve Lost Your Job After an Arm or Leg Injury?

The Iowa Second Injury Fund – Can You Get Extra Benefits If You’ve Lost Your Job After an Arm or Leg Injury?

Personal Injury: Dealing with Insurance Company Surveillance in Des Moines, IA and Surrounding Areas

Personal Injury: Dealing with Insurance Company Surveillance in Des Moines and Throughout Iowa

Can the Workers’ Compensation Insurance Company Switch My Doctor in Iowa?

Can the Workers’ Compensation Insurance Company Switch My Doctor in Iowa?

Holiday Travel & Iowa Roadways: What Injured Drivers Need to Know Before the Season Begins

Holiday Travel & Iowa Roadways: What Injured Drivers Need to Know Before the Season Begins

Am I Getting the Right Weekly Workers’ Compensation Benefits in Iowa?

Am I Getting the Right Weekly Workers’ Compensation Benefits in Iowa?

Personal Injury: Health Insurance Right to Repayment in Des Moines & throughout Iowa

Personal Injury: Health Insurance Right to Repayment in Des Moines and Throughout Iowa

Workers' Compensation: Getting a Second Opinion in Waukee and Throughout Iowa

Workers' Compensation: Getting a Second Opinion in Waukee and Throughout Iowa

Why You Should Always Report a Personal Injury Right Away in West Des Moines and throughout Iowa

Why You Should Always Report a Personal Injury Right Away in West Des Moines and Throughout the state of Iowa

Can Injured Workers Be Reimbursed for Mileage and Expenses in Ankeny, IA?

Can Injured Workers Be Reimbursed for Mileage and Expenses in Ankeny and throughout Iowa?

Why You Should Always Report a Personal Injury Right Away in Des Moines and throughout Iowa

Why You Should Always Report a Personal Injury Right Away in Des Moines and Throughout Iowa

What to Do If Your Repetitive Motion Work Injury Claim Is Denied in Ankeny and surrounding areas

Repetitive work injuries are real — and you don’t have to accept “No” as the final answer.

Can a Truck Driver Receive Workers’ Compensation After a Crash—Even If It Was Their Fault?

Can a Truck Driver Receive Workers’ Compensation After a Crash—Even If It Was Their Fault?

Navigating the Complexities of Multi-Vehicle Pileups on the Interstates in Iowa

Navigating the Complexities of Multi-Vehicle Pileups on Iowa Interstates

Workers’ Compensation: Are You Being Short-Changed on Your Wage Rate in Iowa?

Workers’ Compensation: Are You Being Short-Changed on Your Wage Rate in Waukee or throughout Iowa?

Why Acting Fast After a Boating Accident Matters in Des Moines & Throughout Iowa

Why Acting Fast After a Boating Accident Matters: Evidence Can Disappear — and How One Call Can Save Your Case

Why Acting Fast After a Motorcycle Crash Matters More Than You Think

Why Acting Fast After a Motorcycle Crash Matters More Than You Think

What to Do If You’re Injured by an Uninsured Driver In Ankeny or in Iowa

What to Do If You’re Injured by an Uninsured Driver in Ankeny or Anywhere in Iowa

Workers' Compensation: Missing Work for Doctor's Appointments

Workers' Compensation: Missing Work for Doctor's Appointments

Considering Settlements for Serious Injuries After Auto Accidents near Urbandale: What to Know

Considering Settlements for Serious Injuries After Auto Accidents: What to Know

Workers' Compensation: Pre-Existing Conditions and New Injuries with Workers in West Des Moines and throughout Iowa

Can a Previous Back Surgery Affect My Workers' Compensation Claim?

Underinsured Motorist Coverage: Protecting You and Your Family on the Road Throughout Iowa & the U.S.

Underinsured Des Moines' Motorist Coverage: Protecting You and Your Family on the Road

Workers" Compensation and Long-Distance Medical Exams: Do You Have to Go?

Workers' Compensation and Long-Distance Medical Exams: Do You Have to Go?

What to Do If You’re Injured by an Uninsured Driver in Des Moines, IA

What to Do If You’re Injured by an Uninsured Driver

Workers' Compensation: Understanding Death Benefits in Ankeny, IA

Workers' Compensation: Understanding Death Benefits in Ankeny, IA

Why It’s Crucial to Disclose Prior Medical Conditions in a Personal Injury Case in Des Moines, IA & Throughout the State of Iowa

Why It’s Crucial to Disclose Prior Medical Conditions in a Personal Injury Case

Managing Medical Bills After a Car Accident in the Greater Des Moines Area: What You Need to Know

Managing Medical Bills After a Car Accident in the Greater Des Moines Area: What You Need to Know

Who’s at Fault in an Icy Road Accident? Understanding Iowa’s “Act of God” Defense from Accident Attorneys in West Des Moines

Who’s at Fault in an Icy Road Accident? Understanding Iowa’s “Act of God” Defense From Personal Injury Attorneys in West Des Moines

Understanding Loss After A Catastrophic Injury or Death in West Des Moines or Within the State of Iowa

Understanding Loss After A Catastrophic Injury or Death in West Des Moines or in the State of Iowa

When A Driver Doesn’t Have Enough Insurance in Waukee, IA

When A Driver Doesn’t Have Enough Insurance After Causing a Car Accident in Waukee, IA

The Importance of Gathering Evidence After a Personal Injury in Ankeny, IA

The Importance of Gathering Evidence After a Personal Injury Near Ankeny, IA

Challenges in Evidence Collection in a Personal Injury Case in Ankeny, IA

Personal Injury: The Importance of Prompt Investigation After an Automobile Accident In Des Moines, IA

Personal Injury: The Importance of Prompt Investigation After an Automobile Accident In Des Moines, IA

When the heat hurts: Preventing heat exhaustion at work

When the heat hurts: Preventing heat exhaustion at work

Workers' Compensation and Long-Distance Medical Exams: Do You Have to
Go?

Personal Injury: The Importance of Prompt Investigation After an Automobile
Accident In Des Moines, IA