Cherokee Workers Compensation Attorneys

The legal hurdles after a workplace injury can be overwhelming. Our workers' compensation attorneys are here to assist. With unwavering dedication and specialized expertise, our team stands up for the rights of injured workers. We work meticulously to secure fair treatment and rightful compensation, allowing you to focus on your recovery.

Drunk Driving Statistics in Iowa and the United States

The Prevalence of Drunk Driving

In 2012, the FBI's Uniform Crime Report recorded 10,845 arrests for driving under the influence (DUI) in Iowa, including 134 minors. Nationwide, the figure was a staggering 987,224 arrests for DUI. However, these arrests represent only a fraction of the total incidents of drunk driving. A Centers for Disease Control and Prevention (CDC) report estimated that in 2010, adults in the U.S. drove under the influence approximately 112 million times, averaging about 300,000 incidents per day.

Drunk Driving-related Accident Statistics

Drunk driving is a major cause of fatal accidents. According to a National Highway Traffic Safety Administration (NHTSA) report, there were 92 alcohol-impaired driving fatalities in Iowa in 2012, accounting for 25% of all driving fatalities in the state. Of these, 68 involved drivers with a blood alcohol content (BAC) of .15 or higher, representing nearly one in five of all fatal accidents in Iowa. Nationally, 10,322 people died in drunk driving accidents in 2012, making up 31% of all traffic fatalities.

Drunk Driving Accident Statistics by Demographics

The NHTSA report also highlights demographic disparities in drunk driving incidents. In 2012, drivers aged 21 to 24 had the highest percentage (32%) of involvement in fatal crashes with a BAC of .08 or higher. This was followed by the 25 to 34 age group at 29%, and the 35 to 44 age group at 25%.

Gender differences are also pronounced. In fatal crashes, 7,905 men had a BAC of .08 or higher, compared to 1,588 women. This accounted for 24% of men involved in fatal crashes and 14% of women. By vehicle type, 27% of motorcyclists involved in fatal accidents had BACs of .08 or higher, followed by 23% of passenger car drivers and 22% of light truck drivers.

Legal Options for Victims of Drunk Driving

Victims of drunk driving accidents can seek compensation through personal injury lawsuits. To succeed, plaintiffs must prove the driver was negligent and that this negligence caused the accident and injuries. Drunk driving generally constitutes negligence, so evidence of impairment is crucial. 

Workers' Compensation and Job Changes

In Iowa, workers' compensation cases remain open even if an injured worker switches jobs. However, changing jobs can complicate claims, as new job-related issues might be blamed for ongoing problems, potentially resulting in denied medical care. It’s often advisable to wait until reaching maximum medical improvement (MMI) and receiving permanent work restrictions before changing jobs.

Medical Care and Treatment

Under Iowa law, workers have lifetime access to medical care for work-related injuries. However, this can be contested by insurance companies through opinion letters from other doctors. Changing jobs can trigger such challenges unless MMI is achieved.

Industrial Disability Analysis

Compensation for injuries varies significantly between scheduled member injuries and industrial injuries. Recent legal interpretations, such as in Martinez v. Pavlich, suggest that leaving a job might result in an industrial disability analysis, which can be more beneficial but also risky. Consulting with an attorney is crucial to navigate these complexities.

Potential Higher Settlement

Employers may offer higher settlements if injured workers agree to resign as part of their workers' comp settlement. This can be advantageous but typically requires closing the case, including medical benefits and the right to future claims.

Quitting Your Job

Quitting a job during treatment can end temporary total disability (TTD) benefits and complicate unemployment claims. Governor Reynolds' recent legislation reduces unemployment benefits, making it harder for injured workers to sustain themselves financially if they leave their jobs prematurely.

Retirement Considerations

Retirement during a workers' comp claim can significantly reduce compensation. The 2017 law changes allow employers to use retirement as a factor in determining compensation, potentially costing workers thousands of dollars. It's vital to avoid discussing retirement plans while a claim is pending.

Workers' Compensation for a Fractured Toe at Work

A fractured toe is a common workplace injury, particularly in industries involving heavy objects. Workers' compensation should cover medical and disability expenses if the injury is work-related.

Causes and Symptoms

Fractured toes typically result from heavy objects falling on the foot or the foot striking a solid object. Symptoms include pain, swelling, bruising, and stiffness. Diagnosis often involves a physical exam and imaging technology.

Treatment

Minor fractures may be managed with taping and wearing a stiff-bottomed shoe. More serious fractures, especially those involving the big toe, may require splinting or surgery.

Medical and Disability Benefits

Workers' comp should cover all reasonable medical expenses for a broken toe. If the injury prevents work for more than three days, disability benefits may also be available, equating to 80% of the worker's wage. If returning to a lower-paying job, temporary partial disability benefits cover two-thirds of the wage difference.

Getting Legal Assistance In Cherokee

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 Cherokee 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.