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Wrongful Death Insurance Claims

Updated: Jan 17, 2019

When you are injured in the course of your employment, we help you to get the medical treatment you need, protect your job, and obtain compensation. Whether you were hurt by a machine, in a fall, a car crash, or through repetitive motion over time, we want to hear about how your case is unique.


Other Claims and Wrongful Death


If the injury or death was caused by someone other than a co-employee (such as when you are driving as part of your job and are injured in a car crash), you may be able to recover both workers compensation benefits and insurance money from that other party. If a third-party kills the worker, the surviving family may also have a wrongful death claim.


If employers or their insurance companies do not timely pay you what you are entitled to, you may be eligible for penalty benefits and/or bad faith damages.


When an employer was grossly negligent, i.e., more than being merely negligent or careless, additional damages including pain and suffering may be available. Similarly, if your employer does not have workers compensation insurance, you may be eligible for pain and suffering compensation. Otherwise, compensation for pain is extremely limited in workers compensation cases.


Medical Care


While employers have the right to choose your doctor, you may have the right to a second opinion paid for by the insurance company. In some circumstances, when the doctor chosen by the employer or insurance company is not rendering the appropriate treatment, we can ask a judge to assign a different physician to your case.

Compensation for your mileage or other transportation costs to and from medical appointments is also recoverable.


Temporary and Permanent Injuries


In addition to payment for your medical bills, you may be entitled to temporary income benefits while you are off work.


Work injuries that are permanent and affect your ability to earn an income require special attention and demand significant compensation. It is important that you make sure that you receive a fair settlement before signing a release, since this could affect your income for your entire life.


Temporary and permanent loss of income claims are based on your average weekly wage prior to the collision and the severity of the injury. The Iowa Code applies a percentage for injuries to certain body parts such as arms and legs, but for other injuries, a more subjective standard is used. A physician’s opinion as to the extent of the injury is often relied on to evaluate the extent of the injury; the opinion is generally based on the American Medical Association Guides to the Evaluation of Permanent Impairment.


In rare cases, the employer or the insurance company may be liable for alterations to your house or car if they are necessary to function more independently.

Generally, workers compensation benefits are not taxable.


Denied Claims


Many times insurance companies will try to deny or minimize workers compensation claims by asserting that the injured person was not actually an employee, was injured when they were doing something unrelated to the job, or was intoxicated. Often, these assertions do not hold up in court and it is important to seek legal counsel to protect your rights.


Job Security


Work injuries are often frightening because of their potential to impact your job security. Employers that fire or demote employees simply because they got hurt at work and made a workers compensation claim are breaking the law. If your employer fires you or acts inappropriately because you made a workers compensation claim, you may be entitled to additional compensation. Wrongful termination claims applied to injured workers who were fired because they made a claim, even if the employer lies and says that claim had nothing to do with the firing.


Legal Deadlines


There are special – and often short – deadlines that apply to work injuries. Thus, it is extremely important that you contact an attorney immediately after your injury or the death of your loved one. This is especially important if your employer did not realize you were injured or may pretend that it was not informed of your injury.


Getting Help


What should you do if your insurance company has acted in bad faith? Acting promptly to preserve your rights is extremely important. Insurance companies work hard to prevent people from hiring their own attorney because they want to be the only one with lawyers on their side. There is no risk to discuss your case; the initial telephone conference with Mr. Nierman is free. Many cases are taken on a contingent basis, meaning that there are no attorney fees unless you collect on your claim.

Experience


With +20 years of experience dealing with insurance claims, attorney L. Craig Nierman is well equipped to file and advocate for your claim. While this might be your first time dealing with a challenging insurance situation, Mr. Nierman has filed thousands of claims for his clients. His experience includes working at one of the nation’s largest insurance companies, training attorneys on best practices/techniques, and teaching Insurance Law at the University of Iowa. Even other attorneys retain him to strengthen their insurance cases as an expert witness, testifying in numerous state and federal courts. This experience gives you a significant advantage as we fight for you.​ While our firm has a dynamic team of 12 attorneys, paralegals, and other support staff, Mr. Nierman remains directly involved in every case he accepts.


With experience with claims involving personal injuries, life insurance, health insurance, homeowners insurance, workers compensation, disability, and wrongful death, we look forward to learning how we can help you move forward. Contact L. Craig Nierman today for a no fee consultation.

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