Often injured workers wonder, how can this be happening to me? Take for example, Karen, one of my clients. Karen, was a 35 year old wife and mother of three working in the factory. Karen was a dependable worker who always came to work on time and had not missed a day of work in 4 years. Unfortunately, Karen was lifting a heavy part at work when her back gave-out. She ended up on the floor in severe pain. Karen immediately went to medical and reported that she had hurt her back at work. The medical personnel told her to go see her family doctor and return to work with what he says. Karen’s family doctor prescribed pain medications and excused her from work for the next week. However, Karen’s condition worsened and after only two days she was back seeing her family doctor. Her doctor ordered an MRI, which confirmed that Karen had suffered a herniated disc in her back. Karen was referred onto a surgeon for evaluation of the herniated disc. The surgeon told her that surgery was her best option as the disc would likely not heal on its own. Karen was devastated because she had never had surgery before and had always taken pride in her work.

While Karen had the surgery and made a good recovery, the doctor assigned her a 10% impairment rating and placed a permanent 30 pound lifting restriction upon her. She was not able to return to her higher paying line job, but had to take a lower paying job. She was satisfied with the 50 weeks of benefits they paid her, but did not realize that she was entitled to much more compensation for her injuries.

Thankfully for Karen, one of her friends had previously been injured at his job and I handled his case for him. Karen came to see me and I informed her that her case was worth much more than the 50 weeks of benefits she had been paid. She was entitled to industrial disability in which her impairment rating was only one of many factors. Karen eventually settled her case for more than twice as much as the insurance company had previously paid her. If Karen had not come to see me, she would have missed out on more than $50,000 in money owed to her.

Iowans’ hurt at work often do not know what their basic rights are. I am willing to provide any person with an Iowa Workers’ compensation claim with basic information about their rights under Iowa’s workers’ compensation laws, including what benefits they should receive, how their weekly check is calculated and much more.   To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order your copy of my FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”.  Why offer a Free Book?  I have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation.  However, this is a limited offer with only 25 copies available so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.

Every summer people gather with friends and family at lakes around the state to enjoy the warm weather and cool water.  Favorite lake activities often include water skiing, tubing, fishing and other boating activities.  In order to reduce the risk of injuries, Iowa has passed laws concerning alcohol and boating.  A person can be charged with boating while intoxicated if their blood alcohol content is .10% or greater.  Any person who operates a motorboat or sailboat on navigable waters gives consent to a blood, breath, urine or chemical test to determine if the person is intoxicated, if reasonable grounds exist to believe the person is intoxicated or under the influence.  Refusal to submit to a test will result in a fine of at least $500 and a suspension of boating privileges for at least one year.

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A boating while intoxicated first offense carries a minimum 48 hours in jail, a $1,000.00 fine, a suspension of boating privileges of one year and attendance at a course for drinking drivers.  A second offense requires 7 days in jail, a fine between $1,500 and $5,000, a suspension of privileges for two years and the drinking drivers’ course.  Third offense boating while intoxicated is a Class “D” Felony and may result in 5 years in prison in addition to enhanced fines and a six year boating privileges suspension.  Boating while intoxicated offenses apply only to the operator of the boat and Iowa law allows passengers of legal age to consume alcohol.  A boating while intoxicated conviction does not affect a person’s drivers’ license.

Let’s start at the very beginning: Just what is a workers’ compensation case?  A workers’ compensation case is any type of claim where a person has been injured or killed while on the job.  The legal requirement is that the work injury arose out of and in the course of employment.  The law does not require that a person is compensated for every work injury. You must prove that you were on the job working when you were injured.  However, please keep in mind that there are special exceptions like falling in the employer’s parking lot which is also considered a work injury, horseplay which is not considered a work injury, etc. 

Under Iowa Law, you need only prove that a work injury caused a material and substantial aggravation of a preexisting condition for it to be considered a work injury.  That means just because you have had a prior injury to the same body part, you may still be entitled to benefits. 

Also, if you previously sustained a scheduled member injury (arm, leg, etc.), whether or not it was work related, and then you sustain another scheduled member injury then you may be entitled to additional benefits under the Iowa Second Injury Fund.  If you qualify for 2^nd Injury Fund benefits then the extent of your permanent disability benefits will be based upon the factors used when determining industrial disability just like a back, shoulder, neck or brain injury. 

If you are able to prove that you sustained a work related injury, there are 3 basic types of workers’ compensation benefits available:

1. Medical Benefits- Lifetime medical benefits for medical treatment, including doctors’ appointments, prescriptions and mileage expenses related to your work injury. 

            2. Healing Period/Temporary Disability (TTD/TPD) Benefits- These are the weekly payments made to an injured worker while they are healing from their work injury and are either not able to return to their job, is only able to work a limited number of hours or is not making as much as they were before the work injury work. 

            3. Permanent Benefits- At some point the doctors will say that you have healed as much as possible which is also known as maximum medical improvement (MMI).  At that point, your benefits change from temporary to permanent.  If your medical condition heals and you are left with no permanent problems, then you probably do not have a claim for permanent disability benefits.  If you have a permanent impairment rating and/or permanent restrictions, then you are likely owed permanent disability benefits. You need an attorney who understands the specialized workers’ compensation laws.

To learn more about Iowa work injuries including the “7 Mistakes To Avoid If You Are Hurt At Work” Call 1-800-707-2552 (ext. 711) (24 Hour Recorded Message) for a Free Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” or log onto www.IowaWorkInjury.com. 

The answer is “yes”, sometimes it can be a good idea to handle your car accident case without an attorney. For example, if your total medical expenses are less than $5,000 (this means the total medical bills paid by your insurance company, the bills paid by you and the bills that are unpaid) and you do not have a permanent injury it may be in your best interests to try to settle the case on your own. In fact, our office does not accept car accident cases if the person has less than $5,000 in total medical expenses, unless there are permanent injuries. If you decide to proceed in your car accident case without an attorney there are 3 things that you should know.

1. Negotiating with the insurance adjustor is an important part of resolving a car accident claim and here are some pointers. You should prepare before speaking with the insurance adjustor and know your facts. Also, you should have a confident, but polite attitude with the insurance adjustor. For example, it is unlikely that threatening to go to the insurance adjustor’s boss will help your case. Do no interrupt the adjustor, but instead listen to what is being said and ask questions about their positions. Even if the insurance adjustor makes a ridiculously low offer, do not lose your temper or show emotion as that will likely damage your case.

2. As part of preparing to negotiate with the insurance adjustor you should know what medical care and treatment you have had and the amount of your medical bills including the total amount. For example, if you have $4,000 in medical bills and the insurance adjustor offers you $4,500, you can ask the adjustor if they really think a judge or jury will only give you $500 for what you have been through and your loss of quality of life.

3. You should be aware that often, if your medical bills were paid by health insurance, the insurance company or plan will want to be reimbursed in full out of any personal injury recovery. Your health insurance turns out to be not insurance at all, but rather a loan that has to be paid back. The laws in some states, including Iowa, generally allow a deduction for attorney fees and costs. However, we have seen cases where the insurance companies hired lawyers to make the claims for full reimbursement for them. Also, what they don’t tell you is that this area of law, known as “reimbursement or subrogation” can be quite complicated and is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). If you are handling the case on your own, you should understand the implications of ERISA on your case and who will being paying back your health insurance company.

A new FREE Book reveals ? 6 Things to Know Before Talking to the Insurance Adjustor ? 5 Things to Know Before Hiring an Attorney ? 10 Myths about Car Accidents Why offer a Free Book? For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of Iowans injured in car accidents. He has seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about car accidents in the comfort of your own home with no risk or obligation. However, quantities are limited so to learn how to avoid costly mistakes Call Now (800)-707-2552, ext. 210 (Recorded Consumer Awareness Message). For more information go to www.IowaCarAccidentBook.com.

Flip-flops and Crocs have become staples of fashion for children, but could they be an injury waiting to happen?  Studies have shown that not only are the shoes not good for your feet, they can be very dangerous on escalators and other surfaces.  The American College of Foot and Ankle Surgeons has an increase in reported injuries every spring and summer directly related to wearing flip-flops.  Flip-flops were designed to be worn for short walks to and from the beach or pool, not as all day footwear.  In addition, there has been a sharp increase in injuries reported with people wearing Crocs on escalators. 

The U.S. Consumer Product Safety Commission statistics show that there were more than 10,000 injuries on escalators in 2007, while there was only one reported in 2006.  Many parents are reconsidering purchasing these shoes or making sure they limit how and when they are worn.  The slip resistant nature of Crocs seems to be the cause of the escalator injury because the shoe catches in the step and gets sucked into the escalator causing foot injuries.  As summer approaches, it is important to consider whether these types of shoes are really a smart choice.  If you do wear them, or allow your kids to wear them, remember what uses they were designed for and limit use to the appropriate activities.  For more information go to www.IowaInjuryBook.com.

The law does not require that a person is compensated for every injury. You must prove that someone else was negligent, reckless or careless and that because of their behavior you were injured.  If you have been injured in an accident that was no one’s fault or if you do not sue the right person, company or business, then the law says that you will not win your case.  You definitely do not need an attorney for every injury case. For example, our office will not accept your case if there is little or no property damage and/or your injuries are minor.  Why would we not handle these cases?  First of all, in small cases the attorney fee and costs might leave little or nothing for you after your medical bills are paid which would not be fair to you.  Also, these cases would take time away from the more significant cases that we handle. 

If you or a loved one has been injured in a personal injury accident you may be worried about your financial future or confused about what to do next.  A new Free book reveals 7 Common Mistakes made by Iowans injured in car accidents and other personal injury accidents.  The book also includes 12 Myths about Iowa Injury Cases, 6 things to know before talking to the insurance adjustor, 5 things to know before hiring an attorney and if you even need an attorney for your case.  Why would we offer a free book?  We have heard too many horror stories about people making mistakes because they did not know their legal rights which resulted in them losing thousands of dollars.  To hear a brief recorded message about how to order your copy, Call 1-800-707-2552 and enter ext. 212 (24 Hour Recorded Message) or for more information log onto www.IowaInjuryBook.com.  

According to the Centers for Disease Control and Prevention in Atlanta, Georgia, nearly 2% of the U.S. population is bitten or attacked by a dog each year.  This translates to more than 5 million dog bite victims every year, most of whom are children.  Every day approximately 1,000 dog bite victims go to hospital emergency rooms.  During the past 10 years, the number of dogs in the United States increased by only 2%, while the number of dog bites increased by more than 33%.  Dog bite losses exceed $1 billion per year, with $345 million being paid by homeowner insurance policies.

Why do Dogs Bite and What Can Be Done to Prevent It?

There are many reasons why dogs bite.  Some bite out of fear, in an attempt to protect their territory or to establish their dominance over the person bitten.  Some owners mistakenly teach their dogs that biting is an acceptable form of play behavior, and every year a number of newborn infants die when they are bitten by dogs that see them as “prey”.

There are several common sense methods of preventing dog bites, but sometimes there is no way to avoid an attack.  If you are attacked, first try to block the attack with an object like a jacket or backpack.  If you fall or are knocked to the ground, curl into a ball, protect your face by covering your head and neck.

Is the Owner of the Dog Liable?

Iowa Code § 351.28 provides that the owner of a dog “shall be liable to a injured party for all damages done by the dog…attacking or attempting to bite a person, except when the party damaged is doing an unlawful act” (for example someone breaking into a home is not allowed to recover if he/she is bitten or attacked by a dog).  This is a lower standard than other personal injury cases where you have to prove negligence, recklessness, etc.  A new FREE Book reveals: ? 3 Ways to Avoid an Attack ? 8 Things to do if Bitten or Attacked  ?  Should You Give a Recorded Statement? ? 6 Things to Know Before Talking to the Insurance Adjustor or Hiring an Attorney and much, much more.   Why offer a Free Book?  For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of injured Iowans, including many dog bite victims.   He has seen too many make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Whether you or a loved one have been bitten by a dog or are just around dogs then this book is available to you.  Finally, you can learn about dog bites in the comfort of your own home with no risk or obligation.  However, quantities are limited so to learn how to avoid a dog bite or costly mistakes      Call Now (800)-707-2552, ext. 213 (24 Hour Recorded Message) or go to www.DogBiteBook.com.

There is an open secret among doctors, nurses and the medical community in general: Some patients lie. While some will lie about how much they drink or smoke, others will not tell their doctors about prior injuries to the same area of the body. Many doctors have a rule of thumb. Whatever the patient says they are drinking, multiply that number times three. While this may not cause any problems for a person who goes in for a physical, if a person has been injured in a car accident, work injury or another personal injury accident and lies to their doctor it can create big problems. An injured person’s credibility is very important because doctors cannot objectively measure pain or many physical limitations. The insurance company and their lawyers will use anything and everything they can against you and even a small lie can ruin your credibility. The best policy is to always tell the truth. Other than probably getting better treatment from your medical provider, you will never have to worry about what you said.

Statistically, riding a motorcycle is one of the most dangerous things that you can do.  Here are some facts about motorcycle crashes. 

1. Approximately 75% of motorcycle crashes involve a collision with another vehicle, which most often is a passenger car.

2. Of the motorcycle accidents involving other vehicles, the majority are caused because the other driver did not detect and recognize motorcycles in traffic. Often the driver of the other vehicle involved in a crash with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.

3. Intersections are the most likely place for motorcycle crashes with other vehicles violating the motorcycle’s right-of-way and often violating traffic controls.

4. The other 25% of the motorcycle accidents involve single vehicle accidents with the motorcycle colliding with the roadway or some other fixed object.

There are some basic things you can do to prevent an accident in the first place and protect yourself if you are in an accident and a New FREE Book Reveals How to Not Become a Motorcycle Crash Statistic including:  ?  #1 Way to Avoid a Motorcycle Accident   ?  10 Myths about Motorcycle Accidents     ?  6 Things to Know Before Talking to the Insurance Adjustor or Hiring an Attorney.  Why offer a Free Book?  We have represented hundreds of injured Iowans including many Iowans injured in motorcycle accidents and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Whether you or a loved one have been injured in a motorcycle accident or just own a motorcycle then you should read this free book.  Finally, you can learn about motorcycle accidents in the comfort of your own home with no risk or obligation.  However, this is a limited offer with only 25 copies available so to learn how to avoid an accident or costly mistakes Call Now (800)-707-2552, ext. 515 (24 Hour Recorded Message) or for more information go to www.MotorcycleAccidentBook.com.

Last week we shared the first of the 5 Iowa Injured Workers’ Bills of Rights and now we will share the rest of the 10 rights:

6. Cash Payments for Permanent Disability: If your work injury or occupational disease causes a permanent disability also known as a permanent impairment rating or functional impairment rating, then you are entitled to a cash benefits for the resulting disability. The amount of the benefits is based upon the body part(s) involved, prior injuries, the nature and extent of your disability and the amount of your average weekly earnings prior to your work injury.

7. Independent Medical Examination: Once the doctors have said that you will not make further improvement, you have reached MMI, you have the right to have an independent medical examination performed by a doctor of your own choosing for an impairment rating and permanent restrictions. There are several doctors that I will recommend depending on the nature of your injury.

8. Right to Your Job- Under Iowa law your employer is not supposed to fire you for filing a workers’ compensation claim. However, you can be terminated for other reasons such as absences, work problems, etc. Also, subject to some exceptions (for example if you are a union member) generally your employer does not have to find you work if you are unable to return to your old job because of restrictions.

9. Right to Find Another Job- Leaving your job does not end your workers’ compensation claim. Just because you may be receiving workers’ compensation benefits, does not mean that you have to remain employed with the same employer. However, leaving your job while you are still being treated may impact your case and the compensation that you receive.

10. Right to Seek Alternative Medical Care- If the medical care offered by your employer and/or their insurance company is not reasonable then you may file a petition for alternative medical care. However, please keep in mind that there are specific legal requirements that must be completed before filing such a petition. Also, if the employer denies liability in your case then the petition will be dismissed.

To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order you copy of our FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? We have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation. However, this is a limited offer with only 27 copies available so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 911 (24 Hour Message) or go to www.IowaWorkInjury.com.