1. If you are reasonable with the insurance company, then they will be reasonable with you.

2. The insurance adjustor is there to help you with your personal injury claim.

3. When you are in an accident and the insurance company asks for a recorded statement, you have to give it to them or they won’t settle with you.

4. All attorneys and lawyers who advertise that they handle personal injury cases have the same skills, education, tools and experience to handle your case.

5. The insurance company for the other party is obligated to pay your medical bills and lost wages as they are incurred.

6. All attorneys charge the same fees in injury cases.

7. The tort liability system is . . . . .

To learn the other myths and more including: Should I Give a Recorded Statement? Should I Sign a Medical Release Form? How Long do I Have to Bring my Claim? For the answers to these questions and many more CALL NOW 1-800-707-2552 to hear a brief 24 hour recorded message about how to order your FREE Book and enter one of the following extensions (Car Accident- Ext. 510); (Work Injury- Ext. 511); (Personal Injury- Ext. 512) or go to www.InjuredIowan.com. However, this is a limited offer with a limited number of books available.

A client of ours named Mary, was injured when she slipped and fell on ice while walking on a public sidewalk outside of her work. She had already punched out on the clock of her hourly job and was walking to her car when she fell. The insurance company denied her claim stating that since she was not on the clock or on the employer’s property that they were not responsible under Iowa’s Workers’ Compensation laws.

The general rule is that absent special circumstances, and employee is not entitled to compensation for injuries occurring off of the employer’s premises on the way to and from work. Farmers Elevator Co., Kingsley v. Manning, 286 N.W.2d 174, 178 (Iowa 1979). However, since Farmers, several decisions have paved the way to a number of exceptions to this rule, what is commonly referred to as “the coming and going” rule. Thankfully, for Mary, our attorneys knew and understood this somewhat complicated law. One of the exceptions is if you are being paid to run an errand. Another exception is if you work from home and are traveling to the office. The exception to the rule that applied to Mary is known as “The Extension of the Premises Exception.” See, Frost v. S.S. Kreesge Co,, 299 N.W.2d 646 (Iowa 1980). In Frost, the injured worked fell outside of her place of employment on a public sidewalk. The Court held that it counted as a work injury finding that “this fall was closely connected in time, location, and employee usage to the work premise itself to entitle Mrs. Frost to the protection of the workers’ compensation statute.” The Court further held that since the employer had exercised control over the sidewalk that it became an extension of the business premise.

Even though Mary was off the clock and not on her employer’s property when she fell, the “Extension of Premise Exception” applied providing her with workers’ compensation benefits. 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. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.

A client of my named Jim was a hard working truck driver and father of two children.  While he was driving his employer’s tractor-trailer, he was involved in an accident causing him to sustain two broken bones in his back.  He was immediately transported to the nearest trauma center where he spent the next several days.  Doctors told Jim that he was lucky that he was not paralyzed and a few days later he was released from the hospital and told to follow-up with his family doctor.  Jim notified his employer of the accident and the insurance company called him to take a statement.  Jim told the insurance adjustor exactly what happened and a few days later he received a letter stating that they were denying his claim and not paying his lost wages or medical expenses.  Jim was desperate when he came to my office as he was not receiving any income.  I did some checking up and I obtained the accident report, hired a private investigator and contacted the insurance company about their previous decision.

Thankfully for Jim, he found my webpage on the internet and requested my Iowa Workers’ Compensation book.  I sent him my work injury book along with an audio CD discussing work injuries and an interview discussing Iowa’s workers’ compensation system.  Jim lived in Texas, but drove for an Iowa trucking company.  I explained to Jim that the contract he signed with his employer provided that he would receive Iowa workers’ compensation benefits.  This was actually good for Jim because Iowa has one of the best systems in the country.  I had a phone conference with him on the phone and agreed to take his case.

We were able to complete the necessary documents through mail for him to sign and he did not have to come back to Iowa.  Once I intervened in the case, the insurance company decided that Jim’s claim was legitimate and began paying him for his lost wages.  After missing several months of work, Jim made a satisfactory recovery.  However, he was not able to go back to driving a truck which is all he had ever done.  While the case was pending he applied for and qualified for Social Security disability benefits.  We were set to have a trial in this case, but one week prior to trial I was able to obtain a “just” settlement for Jim so he can move on with his life.

People 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.  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 a copy of my Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” for Free with no obligations.  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.

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.

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. 

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.

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.

Iowa Law has recognized the needs of its injured workers since 1913. The law requires every employer to obtain workers’ compensation insurance (or be approved as a self-insurer) to cover their workers. However, even the best employer is not likely to tell you all you need to know. If you are injured in a work accident or suffer from an occupational disease caused by your work, then Iowa law says that you have 10 basic rights which we will share the first 5 with you here (look for the other 5 rights next week):

1. Lifelong Medical Care: Your employer and/or their insurance company are responsible for paying for all medical care necessary to treat your work related injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. However, generally your employer and/or their insurance company get to choose your medical providers. The right to medical care and treatment may continue for the rest of your life for conditions related to your work injury or occupational disease.

2. Right to Medical Treatment: You always have the right to seek medical care from any medical provider that you choose. However, please keep in mind that your employer and/or their insurance carrier will generally only pay for medical care that they have authorized or approved. Also, if you have health insurance they may reject the claim as being a work related condition.

3. Payment of Medical Care Including Mileage:

· Medical Expenses: Generally, your employer and/or their insurance company has to provide you with medical care and treatment. This includes them paying for all treatment that they offer to you. However, there are some circumstances that they can be held responsible for paying medical expenses that you incur with medical providers not approved by them. For example, if your work injury claim has been denied then they lose control over your medical treatment. If your injury is later determined to be work related then they would be responsible for the costs. There are other limited circumstances that you can seek medical care with a provider who is not approved and they will be required to pay for it. <>

· Mileage Expenses: You are entitled to be reimbursed at the rate of $.445 per mile effective July 1, 2006, $.485 per mile effective August 1, 2007, for all mileage you incur going to and from doctors’ appointments, physical therapy visits, etc.

4. Right to Refuse Medical Care: You have the right to refuse any medical procedures or care that you do not want. For example, if the company doctor recommends surgery you do not have to proceed with surgery. However, please keep in mind that not proceeding with surgery may have an impact upon your case.

5. Cash Payments While You Recover And Cannot Work: While you are healing and unable to work, you will receive cash payments to replace your usual earnings. This applies to both if you are completely unable to work (known as TTD- temporary total disability benefits) or if you return to work, but are working less than 40 hours per week (known as TPD- temporary partial disability benefits). The amount of your weekly payment is called your “rate” which is discussed below.

· Rate: The amount of your weekly cash payments, also known as your “weekly benefits”, is based upon your average earnings prior to the work injury, known as your AWW- Average Weekly Wage. If you are paid on an hourly basis, generally your rate will be based upon your average wages for a 13 week period prior to your work injury, excluding short weeks (weeks in which you did not work a full 40 hours). Your weekly rate is based upon your marital status, your number of exemptions, and your AWW- Average Weekly Wage multiplied times 80% of your spendable weekly earnings. There are both minimum and maximum rates for permanent disability benefits based upon the statewide average weekly wage. Our experience is that in about 50% of our cases, the employer/insurance company has underpaid the employee by using a lower weekly rate than what is owed. That is why in every case it is important to verify that you have been paid the proper rate as it can make thousands of dollars of difference.

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. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.