If the patient covered under Iowa's workers' compensation program is hurt while driving to work who do I bill?

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney

You bill the workers' compensation program so long as the going and coming rule doesn't apply. And how do you know if it doesn't apply? Well you stay friendly with an Iowa lawyer, call the patient's lawyer and ask them if it's going to be covered. Here is a thumbnail sketch of what the law says. First the question the lawyer normally is asked by your patient that is his/her client.

QUESTION: If I'm hurt while driving to work or home from work am I covered under the Iowa workers compensation program?

I get this question quite often and the answer depends on the facts of the case. First take a look at an article I wrote several years ago called Revisiting the Going and Coming Rule in Iowa and realize it's a bit dated, but probably still relevant. Here is what the lawyers will need to know to answer your question:

1. Whose car or truck were you driving?
2. If it's your car or truck then do you use it during work hours to do work for your employer?

The interesting thing about the going and coming rule is that it works for the employee driver so long as there is a benefit to the employer in you having transportation. As an example a cocktail waitress isn't going to be covered on the drive in to work, but she can be if part of her duties at work is to make the nightly deposit at the local bank on her way home. An office worker that sits in a cubical all day isn't covered to and from work, but if they do have to have a car to visit the post office or Kinkos to get copies made (and on a regular basis, not one in a hundred years) then they two may be covered under workers' compensation. The general rule is you're not covered unless your car is used in the employer's business. So as much as I hate to have to say this, see a lawyer. Oh and here is the link to the article I wrote many moons ago. It's a PDF so print it and hang it up at work. No not really.

Revisiting the Going and Coming Rule in Iowa - R evisiting the ...

File Format: PDF/Adobe Acrobat - Quick View
you need your car for errands during the work day, then the going and coming rule doesn't apply to you. If the claimant needs a form of transportation to go ...
www.lombardilaw.com/.../ Going%20And%20Coming%20Rule%202007%20with%20current%20add...

If you're a doctor treating a patient who is receiving benefits under the Iowa Workers' Compensation Act, then I'm here to help you by answering any questions you may have and in a confidential way. I'll answer your questions directly and then post them for other Iowa doctors to read and learn how to make your job easier and the system to run better. So if you are a physician or chiropractor contact the author with your questions about Iowa's Workers' Compensation law or practice by sending an email or calling me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. See also the Iowa Edict .
Steve Lombardi, Attorney