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Iowa Workers' Compensation Benefits: Iowa lawyer points out that negligence doesn't apply to work comp claims

Posted on Apr 07, 2009

Matthew Buckner was driving his Northbound on 315th St. when he lost control of the van he was driving approximately 100 yards north of the Highway 34 intersection. He entered the East ditch and rolled several times before coming to rest on its side trapping Mr. Buckner inside. He was freed by mechanical extrication and was taken to Creighton Medical Center in Omaha, dying later that morning.

Even thought the driver died, if he were working at the time of the crash, his family (dependents) are entitled to workers’ compensation death benefits under Iowa’s Workers’ Compensation Act, Chapter 85.

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.

After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer. Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois. Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.