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Facing legal challenges after a workplace injury can be daunting. Our workers' compensation attorneys are here to help. With relentless dedication and specialized knowledge, our team is devoted to advocating for the rights of injured workers. We ensure you receive fair treatment and the compensation you deserve, allowing you to focus on healing.
This article provides an in-depth look at two significant issues in Iowa: drunk driving and workers' compensation. We will explore the statistics and impacts of drunk driving both in Iowa and nationwide, followed by an examination of the intricacies of Iowa’s workers' compensation laws, including the process for choosing medical care, handling disputes, and understanding lifetime benefits.
Drunk Driving Statistics in Iowa and the United States
Drunk driving remains a critical issue in Iowa and across the United States, posing a significant threat to public safety.
Prevalence of Drunk Driving
- According to the Iowa Department of Transportation, between 2004 and 2008, Des Moines saw 1,290 crashes related to drug or alcohol impairment.
- The FBI’s Uniform Crime Report highlighted that Iowa had 10,845 DUI arrests in 2012, including 134 minors. Nationally, there were 987,224 DUI arrests in the same year.
- The Centers for Disease Control and Prevention (CDC) estimated that in 2010, adults in the U.S. drove after drinking too much about 112 million times, equating to approximately 300,000 instances daily.
Accident Statistics
- In 2012, Iowa reported 92 alcohol-impaired driving fatalities, which constituted 25% of all driving fatalities. Of these, 68 accidents involved drivers with a BAC of .15 or higher.
- Nationally, the National Highway Traffic Safety Administration (NHTSA) reported 10,322 drunk driving deaths in 2012, accounting for 31% of all traffic fatalities.
- In Des Moines, from 2004 to 2008, impaired driving crashes resulted in 815 injuries, with 99 major injuries and 270 minor ones.
Demographic Breakdown
- The NHTSA found that in 2012, the highest percentage of drivers in fatal crashes with a BAC of .08 or higher were aged 21 to 24 (32%), followed by those aged 25 to 34 (29%) and 35 to 44 (25%).
- Men involved in fatal crashes with a BAC of .08 or higher numbered 7,905, compared to 1,588 women, accounting for 24% of men and 14% of women involved in such crashes.
- By vehicle type, 27% of motorcyclists, 23% of passenger car drivers, and 22% of light truck drivers involved in fatal accidents had BACs of .08 or higher.
Legal Recourse for Victims
- Victims of drunk driving accidents can pursue personal injury cases to recover damages. Proving the driver's negligence, typically evident through impairment, is key to winning such cases.
Workers' Compensation in Iowa
Workers' compensation in Iowa offers vital protections for employees injured on the job, including the right to medical care, albeit with some restrictions and procedures.
Choosing Your Doctor
- While employees technically have the right to see their own doctor, employers and their insurance carriers usually control the medical care, typically requiring the use of company-approved physicians.
- Seeking care from a personal doctor without employer approval can lead to health insurance claims being rejected and workers' comp not covering the treatment.
Receiving Medical Help
- Iowa law grants employers the right to choose the medical care provided to injured employees.
- If dissatisfied with the care, employees can request alternative care, although such requests can be denied by the employer or insurer, necessitating an appeal to the workers' compensation commissioner.
- Employees can request an independent medical examination at the employer’s expense if they dispute the impairment rating assigned by the company doctor.
Filing a Petition for Alternate Medical Care
- Employees unsatisfied with employer-provided medical care can file a petition to see a doctor of their choice, covered by workers' comp. This process can be challenging and often requires legal assistance.
- Employees have the right to refuse recommended medical procedures, though this can affect their workers' comp claim, making it crucial to consult with an experienced attorney beforehand.
Lifetime Medical Benefits
- Iowa's workers' compensation law provides lifetime medical benefits for injuries sustained in workplace accidents.
- Most injured workers are entitled to medical treatment paid by the employer or their workers' compensation insurer, including transportation costs for medical purposes, lost wages for doctor visits, and costs of medical procedures and medications.
Understanding "Lifetime" Medical Benefits
- While disability benefits are time-limited, medical benefits are available as long as necessary to treat the injury, potentially for life.
- The employer’s responsibility for medical care means they choose the provider, but employees can request alternate care if dissatisfied, subject to approval by the Workers' Compensation Commissioner.
Getting Legal Assistance In Ackley
Navigating the complexities of Iowa workers' compensation laws can be daunting, especially during the recovery process from a workplace injury. Seeking guidance from a seasoned Ackley Workers' Comp attorney is invaluable in ensuring your rights are protected and maximizing your chances of a favorable outcome.
Legal professionals play a pivotal role in gathering evidence, preparing documentation, and advocating for your interests throughout the claims process. Don't risk missing out on the compensation you deserve – enlist the support of a qualified attorney to navigate the complexities with confidence.
The Iowa Workers' Compensation attorney team at Walker, Billingsley & Bair know the importance of protecting your work injury claim from the get-go. That's why we provide this FREE book; Iowa Workers' Compensation - An Insider's Guide to Work Injuries: 7 Deadly Mistakes To Avoid If You Are Hurt At Work. To learn more about what our legal team will do to help you protect your Iowa work injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 641-792-3595.