Get Your Questions Answered Today By Burlington, IA Injury Attorney Nicholas Pothitakis

After an injury or accident, you probably have a number of general questions about who was at fault, whether you are owed compensation, and whether you need an attorney to assist you with your claim. Below, we've answered some of the most common questions that we hear at our law firm.
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  • If I am in a car accident with someone who does not have insurance, who pays for the damages that I sustain?

    In Iowa, if you are injured as a result of the negligence of another driver who does not have insurance and who was operating a vehicle that was not insured by someone else, you still may be able to recover damages under your own automobile insurance.

    In Iowa, you can purchase uninsured and underinsured motorist coverage. Uninsured motorist coverage will provide payment for damages that were sustained as a result of the wrongful acts of an uninsured driver. Underinsured motorist coverage provides payment for damages sustained as a result of the wrongful acts of a driver who does not have enough insurance to cover your damages.

    Uninsured and underinsured motorist coverage is available from your automobile insurance agent. I have found it to be a very important coverage to have. I have seen that over the years, it has become more frequent that individuals have sustained injuries as a result of the negligent acts of drivers who either don't have any insurance whatsoever or who have very low limits. In these situations, it is very important to have this additional coverage so that medical expenses, lost wages, and pain and suffering damages can be recovered fully by pursuing an uninsured or underinsured motorist claim.

    It is important to review these matters with your automobile insurance agent as well as an attorney to make sure that you have sufficient coverage in case your are involved in an automobile accident.

  • Can I still seek Iowa Workers' Compensation if I had previous back issues and my Iowa work injury worsened my back problems?

    In accordance with Iowa Workers’ Compensation laws, a deterioration of a pre-existing physical problem will be considered a new Iowa work injury.  You will still qualify for Iowa Workers’ Compensation benefits if your Iowa work injury worsens your prior problem in regards to pain, severity, or frequency.  The Iowa Workers’ Compensation insurance company and your employer might try to dispute that your present injury is linked to your previous condition.  However, the medical testimony can usually validate changes/worsening of your condition due to an Iowa work comp injury.  This is true regardless if the pre-existing condition was due to work or not.

     The medical proof that needs to be founded is that your Iowa work injury worsened your previous problem in creating disability.

     Therefore, if you experience any kind of Iowa Workers’ Compensation aggravation injury, or if your condition worsens due to a work activity, it is extremely important that you report it to your employer so that it can be reviewed.  In these scenarios, it may be advisable to consult with a professional Iowa Workers’ Compensation lawyer.

     

  • Am I entitled to Iowa Workers' Comp benefits if my injury came on gradually at work due to my work activities, instead of one particular work incident?

    Iowa Workers’ Compensation injuries can be categorized as traumatic occurrences or what we refer to as “cumulative injuries.”  Cumulative injuries are Iowa work injuries that progress gradually due to an activity at the workplace.  Traumatic injuries and cumulative injuries are both eligible for compensation in accordance with Iowa Workers’ Compensation laws. 

    In several situations, your employer and the Iowa Work Comp Insurance company attempt to disprove the cumulative injury claims.  When you have a physical condition that you deem as being work related, it is necessary that you bring this to your doctor’s attention at the time of your appointment.  Also, it is necessary to tell your employer that this condition could be work related.

    You need to fill out an accident form or an incident report from your place of work.  This provides notice to your employer of your possible Iowa Workers’ Comp injury claim.  Your right to Iowa Workers’ Compensation benefits would be influenced by whether the physicians determine that your work injury was caused or aggravated by your Iowa work activities.  For important questions like these, you should consult with an attorney who has considerable experience with Iowa Workers’ Compensation law.