If you are injured at work, typically a workers’ compensation claim is your only recourse to obtain reimbursement of your medical expenses and lost wages. In other words, you cannot sue your employer to recover monetary damages above and beyond the benefits provided by Iowa’s workers compensation.
Iowa Workers’ Compensation Versus Personal Injury Claims – Third Party Negligence There are some situations, however, when a personal injury claim might be appropriate when an employee is injured while working. Commonly referred to as a third party claim, when someone other than you employer or coworkers are involved in your injury accident, you may be able to sue that third party in court for damages. For example, if get into a car or truck accident during the workday, you may have a claim against the at-fault driver. Or, if you are hurt while working at the premises of a third party as part of your work duties, you may be able to sue the third party. This might include slips and falls due to hazardous conditions at a construction site or other dangerous conditions that resulted in your injury. The advantages of a third party claim is that you can recover damages to the full extent of your injuries. Unlike workers compensation, personal injury claims allow you to recover damages in addition to medical expenses and lost wages such as pain and suffering, mental anguish and emotional distress, and sometimes punitive damages if the case is particularly egregious. Do I Have to Pay Back Workers’ Compensation if I Win My Personal Injury Suit? Of course, if you are successful in your third party claim, any payments that were made by workers’ compensation insurance for medical expenses and the like will have to be reimbursed. The concept of subrogation is that your insurance company has a right to be indemnified, or “paid back” for the bills they have paid on your behalf. What the workers’ compensation insurer will be reimbursed can be complicated. In some states, if the employer is even partially at fault, the judge assigns a percentage to that which will then be deducted from the lien. A judge may also take into account attorney’s fees and other expenses related to the case, requiring the workers’ compensation carrier to pay toward those costs too. In a personal injury lawsuit, common damages include medical expenses, lost wages and pain and suffering. Workers’ comp insurers cannot take damages from an unrelated category to pay for its lien for reimbursement of another category. For example, if you are awarded pain and suffering damages or even punitive damages in your personal injury case, the workers’ comp insurer cannot take those to pay for the reimbursement of medical expenses or lost wages. It boils down to ‘staying in their lane’. Contact an Experienced Iowa Personal Injury | Workers’ Compensation Lawyer for Help If you or a family member is injured at work, it is important to discuss your options with an experienced Iowa workers’ compensation, personal injury attorney. When a loved one is hurt, medical expenses can add up quickly, especially if someone is unable to work. It is crucial to get all of the workers’ compensation and disability benefits you are entitled to, which sometimes requires some legal teeth. If you are hurt due to the negligence of a third party, you may be able to pursue damages to the full extent of your injuries, reducing the financial impact of a work injury. Contact the Des Moines Iowa workers’ compensation, personal injury law offices of John T. Hemminger for a free consultation to determine the best strategy for your unique circumstances at 515-283-2116.
0 Comments
The winter season in Iowa is in full swing following the relative heatwave we experienced well into December this year. Snow and ice makes for treacherous driving, particularly when drivers do not adjust for changing conditions or are simply not used to slippery roads. Although Iowans are well-acquainted with the dangers hazardous weather presents, we still have our share of accidents in the winter driving season, which sometimes result in injury.
The Plains/Midwest region of the U.S. has the highest ice-related car accident fatality rates when compared to other parts of the country. Travel in the region often takes place on rural highways at high speeds with average trips requiring more time on the road, which can translate into a higher number of accidents when conditions deteriorate. Add to the equation, that icing events in Iowa tend to be intermittent rather than season long, so motorists are caught unprepared. In general, the fewer road icing events a location sees per winter, the greater the rate of fatalities per event results. This rings true not only in Iowa, but parts of the country that rarely experience winter driving. Whether you live in the Iowa or other parts of the country, getting ready to drive in inclement weather is key but, first, ask yourself if you really need to go out when a storm is brewing or can it wait until roads are cleared. If you must venture out in slick conditions, make sure your tires and windshield wipers are up to the job. Practice cold-weather driving away from other motorists to get a feel for how to maneuver on icy roads and allow more time to get to your destination. Remember that distracted driving is a leading cause of accidents so smart phones or driving impaired in winter driving conditions definitely do not mix. Buckle up at all times and have an emergency plan if you get stranded out in the icy tundra. Contact an Experienced Iowa Car Accident Attorney Getting to your destination safely takes more thought on the part of all motorists when driving in winter conditions, but sometimes accidents do occur. If you or a family member is injured in an Iowa car accident due to the negligence of another driver, contact the Iowa motor vehicle accident Law Offices of John T. Hemminger for immediate assistance today at 515-283-2116. Fines against nursing homes for neglect and abuse are set to decrease as part of a broad relaxation of regulations on business under the current administration.
It is a welcome change for the nursing home industry who have complained that, up to now, federal inspectors have placed more emphasis on catching wrong doers instead of helping nursing homes improve. Some say that the time and effort that goes into complying with regulations would be better spent on providing quality care. However, advocates for nursing home residents are concerned that the revised penalties spell trouble for patients. Since 2013, nearly 6500 nursing homes – a staggering 40 percent – have been cited at least once for a serious violation, which often includes neglect resulting in serious injury to elderly residents. Without the threat of a hefty fine, some believe that a valuable patient safety tool has been lost. Contact an Iowa Nursing Home Neglect & Elder Abuse Attorney Unfortunately, with regulations easing on the nursing home industry, there may be more incidences of nursing home neglect and abuse. If you or a family member is injured in a nursing home in Iowa, it is important to seek the help of an experienced nursing home neglect and elder abuse lawyer to hold the facility and their staff accountable. For a free consultation, contact the Des Moines nursing home neglect and elder abuse lawyers of John T. Hemminger Law Office for help today at 515-283-2116. According to the Bureau of Labor Statistics, in 2016, there were over 5,000 workplace fatalities, a seven percent increase over 2015.
One in four workplace fatalities were related to transportation incidents, the leading factor in lost lives, followed by violence in the workplace which rose 23 percent last year. The opioid crisis leaves no stone unturned and drug related fatalities in workplaces across the country have also increased. In fact, drug related fatalities at work have risen 25 percent since 2012. Unfortunately, 2016 marks the third consecutive increase in worker fatalities, and the third highest since 2008. For many groups of workers in the country, work is becoming more dangerous and deadly. Statistics released by the National Safety Consul reveal that not only certain types of workplace accidents lead to fatalities, but also that some groups are more vulnerable than others :
If you or a family member is injured at work, contact the Iowa workers’ compensation personal injury law offices of John T. Hemminger for assistance. We can help you get the benefits you need to pay for medical expenses, lost wages and disability in the event you cannot return to work or are limited in your professional duties due to your injuries. If you are dealing with the loss of a loved family member who suffered a fatal work accident, we will work to protect children and family members in need of financial help. Contact our Des Moines offices today at 515-283-2116. A central Illinois jury has awarded $5.2 million to a nurse who alleges she was fired from her job at a nursing home after reporting abuse. The nurse claims she was let go because she refused to follow the nursing home director’s orders to increase dosages of anti-anxiety medication to agitated residents and would not change or omit records of suspicious injuries. For her unwillingness to compromise, the nurse was not only awarded back wages, but $5 million in punitive damages.
The ruling holds out the hope that employees that witness abuse or neglect in a nursing home setting will also stand their ground by reporting inappropriate practices at their places of employment and refusing to be part of the problem of nursing home abuse and neglect. The allegations should also remind families that family members in nursing homes are vulnerable to abuse and neglect at the hands of staff or other residents, and sometimes even those in charge may be complicit. If you suspect that an elderly loved one is being abused, do not hesitate to call law enforcement if you believe your family member is in danger. In other cases of suspected abuse, you should contact the nursing home to make them aware of the abusive behavior on the part of employees or other residents, because they may not be aware that it is occurring and may be able to put a stop to it. You should also make your family member’s doctor aware so that they can help you identify signs and substantiate your claims. It is recommended that you also follow up with your complaint in writing to assure there is a record of your grievance. Be detailed in your account, providing names, evidence you believe may have be attributed to abuse such as a change in behavior, suspicious injuries or medical conditions, keeping a copy for your records. Per your contract with the nursing home facility, as part of the established grievance policy, you may be contacted by a representative for more information regarding your concerns and, following an investigation, you will receive results of the facility’s findings and further actions you may take. If you are not satisfied with the results of the investigation, you may also register a complaint with your local Adult Protective Services agency who will initiate an investigation of their own. Iowa Nursing Home Abuse and Neglect lawyers Sometimes family members may decide to file a personal injury lawsuit against the nursing home facility for negligence and abuse. If a person’s medication or medical treatment is in question, you may also have a medical malpractice claim. An experienced elder abuse attorney can assist you in protecting your loved one. They have specific knowledge of state and federal laws that may be applicable to your situation. They will assist you with gathering the information and documents to support the allegations of abuse or neglect so the nursing home and their employees are held accountable and seek compensation on your loved ones behalf. Contact the Des Moines Iowa Nursing Home Abuse and Neglect lawyers at the Law Offices of John T. Hemminger for help today at 515-283-2116. With incidences of nursing home neglect and abuse coming to light, several states, including Texas, New Mexico, Oklahoma, Wisconsin and, more recently, Illinois, have passed laws allowing families to record resident care, and several other states have started their own surveillance pilots. However, in the absence of a state law in Iowa, residents and families can only use them if a nursing home administrator allows it.
Because most nursing homes in the state are privately owned businesses, there are legal barriers when it comes to hidden camera surveillance. However, many argue that the state has the right to investigate anything that could constitute patient abuse, neglect or Medicare fraud. A “covert search” via video recording devices should be included in that right if permission has been obtained from all residents and/or guardians where cameras record resident care activities. Just last year, Illinois joined the ranks of states that allow families to install cameras in nursing home rooms. The legislation includes specifications for video, audio and still cameras in resident’s rooms and requires facilities to obtain consent from roommates if the installation of a camera is desired. Nursing homes must post signs notifying residents and visitors that rooms may be monitored so no one is caught off guard, eliminating privacy issues that many raise in opposition to camera surveillance in the first place. Those who have family members receiving nursing home care are hoping to see Iowa come around too. Allowing nursing home residents to possess cameras offers a measure of protection for residents and provides families with peace of mind. After all, a resident’s room is essentially their home and whether they have cameras or not should not be decided by the facility. Many believe that state law should guarantee the right for residents and their families to make this important decision or better yet, the Centers for Medicare and Medicaid, who pay the bills for roughly 50 to 60 percent of the 1.4 million nursing home residents across the country, should clarify a nursing home residents right to have a camera in their room. If you or a family member has been neglected or abused in an Iowa nursing home, contact Des Moines nursing home abuse attorney John T. Hemminger. At Hemminger Law Firm, we provide personalized, focused, dedicated legal service. To schedule a confidential, free initial consultation, call us today at 515-283-2116 or contact our offices online. Most Iowans have elderly loved ones who, unfortunately, are sometimes vulnerable to nursing home abuse or neglect. In fact, a study in the New England Journal of Medicine states that 1 in 10 Americans over the age of 60 have been the victim of some form of abuse, which may include physical, emotional, financial or even sexual abuse. When a family member or friend is isolated in a nursing home setting, the potential for abuse only increases, so it is very important to stay in regular contact to make sure your family member is being well cared for.
Sometimes it is not obvious that abuse or neglect is occurring, so it is important to look for warning signs of nursing home neglect or abuse, which may include:
Research indicates that nursing home patients who are visited often by family, friends, and other loved ones are less likely to experience nursing home neglect or abuse. Being alert to signs of nursing home neglect, emotional distress, or changes in health and looking for problems such as understaffing or safety issues in the nursing home can play a critical role in elder patient care. Effective communication between family members and nursing home staff can help to prevent neglect and abuse from occurring. Contact Experienced Iowa Nursing Home Abuse and Neglect Lawyers If you suspect your loved one has been injured due to negligence in nursing home care or is being abused by a nursing home employee, contact an experienced Iowa nursing home attorney at Hemminger Law Firm in Des Moines, IA. Unfortunately, people who drive with inadequate sleep can sometimes cause car accidents. A 2014 AAA Foundation for Traffic Safety study estimates that over 300,000 car accidents in the U.S. involve a drowsy driver annually. Of these, as many as 20 percent involve a fatality.
Drowsy driving is difficult to detect. When a driver is stopped, police usually have to rely on an admission by the driver that sleep deprivation led to their erratic driving or even an accident. There is no sleep meter akin to a breathalyzer that can show someone was asleep behind the wheel. States have been left with few options except to post catchy messages on highway boards, which many have seen displayed on Iowa highways, e.g.,“Sleep Deprived is No Way to Drive” or “Drowsy is Lousy, Rest is Best”. Other measures include raising awareness about drowsy driving through driver’s education courses and related materials to alert new drivers to the risk. A few states have sought to criminalize drowsy driving that leads to a fatality, but again it is very hard to prove. Technology that detects drowsy driving is out there, but few cars are equipped with the so-called Driver Attention Systems that monitor the telltale signs of nodding off. Recently, the potentially deadly problem of drowsy driving in Iowa prompted the Governors Highway Safety Association and the National Road Safety Foundation, a nonprofit that promotes safe driving, to distribute $15,000 grants to a handful of states, including Iowa, to create innovative drowsy driving prevention campaigns. Iowa is taking the lead to put a stop to drowsy driving through public service announcements on television and social media, more highway message boards, and partnering with local supermarkets to include bag stuffers to spread the word about the dangers of drowsy driving. A spokesman for the Iowa Governor’s Traffic Safety Bureau says the key is to “educate the public that this [drowsy driving] is a serious issue and that is causing fatalities in the state.” Hopefully, the efforts to raise awareness will make roads safer for Iowans and their families. The best advice is to get the sleep you need especially before heading out on the road. Experienced Des Moines Car Accident Lawyers If you or a family member has been injured in an Iowa car accident, contact the Experienced Des Moines Car Accident Lawyers of John T. Hemminger for immediate assistance. You may be entitled to compensation for your injuries in cases where the negligence of another driver resulted in your injury. Call us at 515-283-2116 or contact us online. Bedsores, also known as pressure ulcers, decubitus ulcers or pressure sores are one of the many signs of nursing home neglect and abuse. The condition is caused by unrelieved pressure to the skin and can lead to serious health problems such as infections and other life threatening conditions.
Bedsores are a serious health concern, particularly for the elderly who may require mobility or other assistance. The Center for Disease Control (CDC) reports that 1 out of 10 nursing home residents suffer from bedsores, which are largely attributed to a lack of attention and improper medical care. Once bedsores develop, unfortunately, many nursing home residents do not get the prompt medical attention they need allowing the bedsores to move into later stages that are more difficult to treat. Untreated in the early stages, some bedsores may lead to medical conditions such as sepsis, a bacterial infection of the bloodstream or body tissues; cellulitis, an inflammation of connective tissues making victims vulnerable to meningitis; joint and bone infections; and cancer. Iowa Bedsore Nursing Home Neglect Attorneys It is the responsibility of the nursing home to prevent bedsores by providing competent care. In the event a resident develops a bedsore, it is crucial to treat bedsores immediately to prevent them from getting worse. If you or a family member has been a victim of neglect or abuse in an Iowa nursing home contact the Iowa Nursing Home Neglect Lawyers of Hemminger Law Firm for assistance at 515-283-2116. According to the Centers for Disease Control and Prevention. teenage drivers are more likely to cause motor vehicle accidents than any other age group and, unfortunately, car accidents are the leading cause of death for teenagers. Fatalities are not limited to the driver, however, as many teen drivers are also responsible for causing injury to others.
Thinking about teenagers on the road can be a cause for concern, especially when your own teen starts driving. No one wants their child to get hurt or injure someone else, however accidents do occur so it is not only important to instill safe driving practices, but also have insurance to cover your financial needs in the event of a catastrophic accident. As your kids approach this milestone in their lives, insurance experts recommend that parents consider these tips when insuring new drivers:
Being thoughtful about the process of teaching your teen about their responsibilities as drivers will encourage them to drive safely and hopefully avoid an injury accident. If you or a family member have questions regarding an Iowa personal injury matter, contact the Des Moines Law Offices of John T. Hemminger for assistance today. |
What We Do Really Well Workers' Compensation
Motor Vehicle Accidents
Personal Injury
Nursing Home Neglect
Categories
All
Archives
April 2019
|