Recent Blog Posts
Iowa Supreme Court Clarifies Rules for “Idiopathic” Falls and Workers’ Compensation
Workers’ compensation covers injuries that arise “out of and in the course of employment.” Let’s say you fall off a ladder while performing some maintenance work at your employer’s office. That would clearly be an injury arising out of and in the course of your employment, so your employer would owe you workers’ compensation… Read More »
Will Missing Financial Records Hurt My Chapter 7 Bankruptcy Case?
Chapter 7 bankruptcy is designed to give Iowa debtors a “fresh start” by discharging their legal obligation to pay certain pre-bankruptcy debts. But a federal bankruptcy judge may refuse to grant a discharge if the debtor fails to follow the law. For example, the Bankruptcy Code states a debtor is not entitled to a… Read More »
Can I Have Multiple Employers for Purposes of Workers’ Compensation?
Workers’ compensation is considered the “exclusive remedy” under Iowa law for employees to seek compensation from their employers for a work-related injury. In other words, you cannot file a personal injury lawsuit against your company if you are already receiving workers’ compensation benefits. The law is designed to guarantee employees receive medical and wage… Read More »
Proving Negligence for a Fatal Car Accident
Losing a child in an auto accident is a parent’s worst nightmare. It is therefore understandable that the grieving parents want to hold a negligent driver responsible. But it’s important to understand that it is evidence, not grief, that decides a personal injury lawsuit in Iowa. And even when the victim is no longer… Read More »
Does Filing for Chapter 13 Bankruptcy Mean I Get to Keep My House?
Perhaps the most common question we get about bankruptcy is, “Can I still keep my house?” The answer to this depends on a number of factors. For example, if you have a mortgage and are behind on your payments, filing for bankruptcy will temporarily halt any foreclosure action. And with a Chapter 13 bankruptcy,… Read More »
Who Pays My Workers’ Compensation Claim If My Employer Is Sold to Another Company?
Just about every Iowa employer is required to carry workers’ compensation insurance. This is supposed to ensure that injured employees have access to medical benefits and compensation for lost wages in the event of a work-related accident. Unfortunately, sometimes it’s not entirely clear who owns a given employer, especially if the corporate entity has… Read More »
How Does a Liability Waiver Affect My Personal Injury Claim?
A common barrier to personal injury claims in Iowa is the liability waiver. Everyone has come across one of these waivers at one time or another. It is basically a document that purports to absolve one party–usually the one that drafted the waiver–of any legal responsibility in the event the other party is injured…. Read More »
What Happens If I Wait Too Long to File a Personal Injury Claim?
There are many personal injury cases that effectively end before they even get started. A major reason this happens is the plaintiff waits too long to come forward and pursue their claim. For instance, many car accident victims do not realize there are strict time limits under Iowa law to sue a negligent driver… Read More »
Will Bankruptcy Prevent Creditors from Garnishing My Wages?
In a previous post, we explained some of the basics of Iowa’s bankruptcy exemptions, specifically as they applied to a debtor’s house and personal automobiles. But another common question we get is, “What about my weekly pay?” Many people file for bankruptcy protection because they fear their creditors may attempt to garnish their wages…. Read More »
The Importance of Proving “Causation” in Workers’ Compensation Cases
Workers’ compensation benefits in Iowa depend on “causation”–that is, whether or not you can prove that your injury arose out of your employment. The mere fact you are injured does not, in and of itself, establish causation. For example, if you suffer from a degenerative condition, the Iowa Workers’ Compensation Commission may determine that–not… Read More »
