Garrett Chitty, 17, tried entering I-35 southbound where little room existed, stuck another truck being driven by Lewis Thomas of Cleveland, Ohio. Thomas’ truck moved over to the east striking a utility truck driven by Gary Parsons, 51 or Deposit, N.Y. Unfortunately for Parsons his truck turned on its side onto the guardrail and he was killed.
Parson’s and Thomas are entitled under Iowa law to workers’ compensation benefits. If Thomas has dependents, a wife or children, they too will be entitled to receive benefits. The wife can receive lifetime workers’ compensation benefits or the children benefits so long as they are receiving an undergraduate education. Lombardi Law Firm handles these types of cases. The wife can get these benefits commuted to a lump sum.
In addition each are entitled to pursue a claim against the other driver, Chitty for improperly attempting to enter the highway.
UNIT 1 ENTERING SB 35 FROM WB 30 UNIT 2 WAS SB ON 35 OUTSIDE LANE UNIT 3 SB 35 INSIDE LANE UNIT 1 ENTERED SB 35 AND LEFT SIDE OF UNIT 1 STRUCK UNIT 2 THEN LEFT SIDE OF TRAILER STRUCK UNIT 3 UNIT 3 LEFT THE ROAD THROUGH THE GUARDRAIL AND ROLLED OVER COMING TO REST ON THE GUIDEWIRE ON WB HWY 30.
For additional information check out the Iowa Drivers' License Manual concerning entering the interstate from a ramp.
Iowa workers' compensation act provides for death benefits to dependents.
Death Benefits (85.28, 85.31, 85.42, 85.43, 85.44)
Death benefits are payable to the dependents of the employee. Benefits are first payable to the surviving spouse for life or until remarriage. Dependent children are entitled to the benefits until they reach age 18, or age 25 if they are actually dependent. Others may qualify, if there is a showing of actual dependency. Upon remarriage, if there are no dependent children, the surviving spouse is entitled to a two-year lump sum settlement. Burial expenses not to exceed twelve times the statewide average weekly wage in effect at the time of death are paid in addition to the weekly death benefits.