There is an open secret among doctors, nurses and the medical community in general: Some patients lie. While some will lie about how much they drink or smoke, others will not tell their doctors about prior injuries to the same area of the body. Many doctors have a rule of thumb. Whatever the patient says they are drinking, multiply that number times three. While this may not cause any problems for a person who goes in for a physical, if a person has been injured in a car accident, work injury or another personal injury accident and lies to their doctor it can create big problems. An injured person’s credibility is very important because doctors cannot objectively measure pain or many physical limitations. The insurance company and their lawyers will use anything and everything they can against you and even a small lie can ruin your credibility. The best policy is to always tell the truth. Other than probably getting better treatment from your medical provider, you will never have to worry about what you said.

Statistically, riding a motorcycle is one of the most dangerous things that you can do.  Here are some facts about motorcycle crashes. 

1. Approximately 75% of motorcycle crashes involve a collision with another vehicle, which most often is a passenger car.

2. Of the motorcycle accidents involving other vehicles, the majority are caused because the other driver did not detect and recognize motorcycles in traffic. Often the driver of the other vehicle involved in a crash with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.

3. Intersections are the most likely place for motorcycle crashes with other vehicles violating the motorcycle’s right-of-way and often violating traffic controls.

4. The other 25% of the motorcycle accidents involve single vehicle accidents with the motorcycle colliding with the roadway or some other fixed object.

There are some basic things you can do to prevent an accident in the first place and protect yourself if you are in an accident and a New FREE Book Reveals How to Not Become a Motorcycle Crash Statistic including:  ?  #1 Way to Avoid a Motorcycle Accident   ?  10 Myths about Motorcycle Accidents     ?  6 Things to Know Before Talking to the Insurance Adjustor or Hiring an Attorney.  Why offer a Free Book?  We have represented hundreds of injured Iowans including many Iowans injured in motorcycle accidents and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Whether you or a loved one have been injured in a motorcycle accident or just own a motorcycle then you should read this free book.  Finally, you can learn about motorcycle accidents in the comfort of your own home with no risk or obligation.  However, this is a limited offer with only 25 copies available so to learn how to avoid an accident or costly mistakes Call Now (800)-707-2552, ext. 515 (24 Hour Recorded Message) or for more information go to www.MotorcycleAccidentBook.com.

Last week we shared the first of the 5 Iowa Injured Workers’ Bills of Rights and now we will share the rest of the 10 rights:

6. Cash Payments for Permanent Disability: If your work injury or occupational disease causes a permanent disability also known as a permanent impairment rating or functional impairment rating, then you are entitled to a cash benefits for the resulting disability. The amount of the benefits is based upon the body part(s) involved, prior injuries, the nature and extent of your disability and the amount of your average weekly earnings prior to your work injury.

7. Independent Medical Examination: Once the doctors have said that you will not make further improvement, you have reached MMI, you have the right to have an independent medical examination performed by a doctor of your own choosing for an impairment rating and permanent restrictions. There are several doctors that I will recommend depending on the nature of your injury.

8. Right to Your Job- Under Iowa law your employer is not supposed to fire you for filing a workers’ compensation claim. However, you can be terminated for other reasons such as absences, work problems, etc. Also, subject to some exceptions (for example if you are a union member) generally your employer does not have to find you work if you are unable to return to your old job because of restrictions.

9. Right to Find Another Job- Leaving your job does not end your workers’ compensation claim. Just because you may be receiving workers’ compensation benefits, does not mean that you have to remain employed with the same employer. However, leaving your job while you are still being treated may impact your case and the compensation that you receive.

10. Right to Seek Alternative Medical Care- If the medical care offered by your employer and/or their insurance company is not reasonable then you may file a petition for alternative medical care. However, please keep in mind that there are specific legal requirements that must be completed before filing such a petition. Also, if the employer denies liability in your case then the petition will be dismissed.

To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order you copy of our FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? We have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation. However, this is a limited offer with only 27 copies available so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 911 (24 Hour Message) or go to www.IowaWorkInjury.com.

Iowa Law has recognized the needs of its injured workers since 1913. The law requires every employer to obtain workers’ compensation insurance (or be approved as a self-insurer) to cover their workers. However, even the best employer is not likely to tell you all you need to know. If you are injured in a work accident or suffer from an occupational disease caused by your work, then Iowa law says that you have 10 basic rights which we will share the first 5 with you here (look for the other 5 rights next week):

1. Lifelong Medical Care: Your employer and/or their insurance company are responsible for paying for all medical care necessary to treat your work related injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. However, generally your employer and/or their insurance company get to choose your medical providers. The right to medical care and treatment may continue for the rest of your life for conditions related to your work injury or occupational disease.

2. Right to Medical Treatment: You always have the right to seek medical care from any medical provider that you choose. However, please keep in mind that your employer and/or their insurance carrier will generally only pay for medical care that they have authorized or approved. Also, if you have health insurance they may reject the claim as being a work related condition.

3. Payment of Medical Care Including Mileage:

· Medical Expenses: Generally, your employer and/or their insurance company has to provide you with medical care and treatment. This includes them paying for all treatment that they offer to you. However, there are some circumstances that they can be held responsible for paying medical expenses that you incur with medical providers not approved by them. For example, if your work injury claim has been denied then they lose control over your medical treatment. If your injury is later determined to be work related then they would be responsible for the costs. There are other limited circumstances that you can seek medical care with a provider who is not approved and they will be required to pay for it. <>

· Mileage Expenses: You are entitled to be reimbursed at the rate of $.445 per mile effective July 1, 2006, $.485 per mile effective August 1, 2007, for all mileage you incur going to and from doctors’ appointments, physical therapy visits, etc.

4. Right to Refuse Medical Care: You have the right to refuse any medical procedures or care that you do not want. For example, if the company doctor recommends surgery you do not have to proceed with surgery. However, please keep in mind that not proceeding with surgery may have an impact upon your case.

5. Cash Payments While You Recover And Cannot Work: While you are healing and unable to work, you will receive cash payments to replace your usual earnings. This applies to both if you are completely unable to work (known as TTD- temporary total disability benefits) or if you return to work, but are working less than 40 hours per week (known as TPD- temporary partial disability benefits). The amount of your weekly payment is called your “rate” which is discussed below.

· Rate: The amount of your weekly cash payments, also known as your “weekly benefits”, is based upon your average earnings prior to the work injury, known as your AWW- Average Weekly Wage. If you are paid on an hourly basis, generally your rate will be based upon your average wages for a 13 week period prior to your work injury, excluding short weeks (weeks in which you did not work a full 40 hours). Your weekly rate is based upon your marital status, your number of exemptions, and your AWW- Average Weekly Wage multiplied times 80% of your spendable weekly earnings. There are both minimum and maximum rates for permanent disability benefits based upon the statewide average weekly wage. Our experience is that in about 50% of our cases, the employer/insurance company has underpaid the employee by using a lower weekly rate than what is owed. That is why in every case it is important to verify that you have been paid the proper rate as it can make thousands of dollars of difference.

To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order you copy of our FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? We have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation. However, this is a limited offer with only 27 copies available so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.

The U.S. Supreme Court is set to hear arguments this week in what has been the longest court case in history. In 1989, the Exxon Valdez ran aground dumping millions of gallons of oil into the ocean. The captain of the Valdez was reported to be intoxicated, but his criminal charges were later dismissed. According to plaintiffs, Exxon knew the captain had began drinking again after seeking alcohol treatment, but the company still put him at the helm of the nearly 1,000 foot ship.

Last year, the U.S. Supreme Court granted Exxon’s writ of certiorari to review punitive damages ordered against it. In 1994, an Anchorage, Alaska jury handed down a verdict in favor of a group of Alaskan residents whose fishing and other businesses were damaged by the oil spill and the wildlife it killed. The original judgment amount was $5 billion which has been reduced by the appellate court to $2.5 billion on appeal. Exxon’s argument is that they should pay no punitive damages because they have already paid clean-up costs and government fines. What are Punitive Damages? Punitive damages are damages which are designed to punish the responsible party and to deter others in an attempt to prevent future bad conduct. Yes, justice delayed is sometimes justice denied and this case has set a new record for delay and it is still not over. Ironically, last week Texas based Exxon Corporation reported a record corporate profit of $40.6 billion for 2007.

Each year Injured Iowans lose their work injury, car accident and personal injury claims because they fail to protect their rights. Some fail to bring their case within the time limitations (Iowa law has time limits as short as 90 days in certain cases) while others do not seek the “right” legal advice. New FREE Books Reveal 7 Common Mistakes made by Iowans injured in Car Accidents, Work Injuries and other Personal Injury accidents. These books Expose 6 Things to Know Before Talking to the Insurance Company, 5 Things to Know Before Hiring an Attorney including whether contingent fees are right for you and if you even need an attorney for your case. If you or a loved one has been injured then you may be worried about your financial future or confused about what to do next. There is no cost or obligation, so don’t lose your case on a legal loophole. Learn how to Protect Your Rights and avoid mistakes.

Why would we offer Free Books? We have heard too many horror stories about people making mistakes because they did not know their legal rights which resulted in them losing thousands of dollars. Finally, you can learn about injury accidents in the comfort of your own home with no risk or obligation.

Would you like to know: Can I be fired for missing work caused by an accident? Should I Give a Recorded Statement? Should I Sign a Medical Release Form? What are My Legal Rights? How Long do I Have to Bring my Claim? For the answers to these questions and many more CALL NOW 1-800-707-2552 to hear a brief 24 hour recorded message about how to order your FREE Book and enter one of the following extensions (Car Accident- Ext. 510); (Work Injury- Ext. 511); (Personal Injury- Ext. 512) or go to www.InjuredIowan.com. However, this is a limited offer with a limited number of books available. As a Special Bonus just for contacting us receive 12 Myths about Iowa Injury Cases and our Injured Iowans First Fee Schedule^TM, a new approach to attorney fees in injury cases.

According to the National Committee for the Prevention of Elder Abuse, a full 36% of nursing home workers interviewed said that they had witnessed other employees physically abuse residents. Iowa has the largest percentage of residents over the age of 65 in the United States. As nursing home care increases, so do the number of residents injured by neglect and abuse. It can be difficult to tell if your loved one is a victim because sometimes abuse is difficult to detect. Because many residents have physical and mental limitations, family and friends are often the ones to make sure their loved one or friend receives the care they deserve. Nursing home neglect and abuse takes many different forms such as:

1. Falls causing broken bones and other injuries;

2. Bed sores and improper wound care which may result in severe medical complications and even death;

3. Failing to provide basic necessities such as food and water; and

4. Abuse such as verbal, physical, emotional or sexual or a combination of these.

Keeping a close eye on your loved one is perhaps the best way to prevent injuries and abuse. If you suspect a problem, take your loved one away from nursing home employees and ask if something has happened.

A new FREE book reveals:

· 8 myths about nursing home care

· Why nursing home injuries are on the rise?

· What can be done to prevent injuries and abuse?

If you suspect that a loved one has been a victim of nursing home negligence or abuse; or if you even just have a loved one in a nursing home then you should have this book. This book exposes the “4 Signs that Your Loved One May be a Victim of Abuse or Neglect” and what can be done about it. To hear a brief recorded message about how to order your copy of this book, Call 1-800-707-2552 and enter ext. 517. (24 Hour Recorded Message). For further information log onto www.NursingHomeInjuryBook.com.

Here are some general answers to often-asked questions about workers’ compensation benefits. It is important to note that the outcome for each case is determined on its specific facts and circumstances.

Q: Is my employer and/or their insurance company responsible for the medical expenses caused by my work injury?

A: Yes. They are responsible for paying for all medical care necessary to treat your work injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. Also, you are entitled to be reimbursed at the rate of $.485 per mile effective August 1, 2007, for all mileage you incur going to and from doctors’ appointments, physical therapy visits, etc.

Q: Am I entitled to cash payments if I am unable to work?

A: Yes. While you are healing and unable to work, you will receive cash payments to replace your usual earnings. The amount of your payment is based upon your earnings prior to your work injury.

Q: Once I am done treating, if I don’t make a full recovery does my case end?

A: No. If your work injury causes a permanent injury, then you should receive compensation for your disability. The amount owed is determined by the nature of your injury (ie. hand, back, neck, shoulder, etc.), your earnings prior to your work injury, your impairment rating, and other factors.

To learn more about Iowa work injuries including the “7 Mistakes To Avoid If You Are Hurt At Work” Call 1-800-707-2552 (ext. 211) (24 Hour Recorded Message) for a Free Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” or log onto www.IowaWorkInjury.com.

Thanksgiving is one of my favorite holidays because I get to spend a day with my extended family catching up, being thankful for another year and discussing the upcoming holiday season. For most of us, the holiday season means more travel time in a car. It is not something we want to think about, but car accidents are the #1 cause of accidental death and disability with more than 6 million accidents each year causing 3 million injuries and more than 42,500 deaths. Every year hundreds of Iowans are permanently disabled and killed in car accidents caused by drivers with little or no insurance. What many Iowans don’t know is that Iowa law only requires $20,000 in insurance coverage for bodily injuries. Given the rising costs of medical care, that barely covers a trip to the hospital and follow-up medical care. Statistically, about 12% of Iowans don’t carry any car insurance and we estimate that another 70% of Iowans don’t have enough.
What happens if you are involved in a car crash caused by one of these drivers and cannot return to work? What can be done to protect you and your family from irresponsible and uninsured drivers? The insurance companies probably have not told you, but I will and I do not sell insurance. I have found that what most Iowans don’t know is that uninsured and underinsured motorist insurance coverage is the only automobile insurance that protects them and their family. What does $20,000/$40,000 mean, anyway?

Whenever auto insurance coverage is expressed as $20,000/$40,000 or $300,000/$500,000, the policy is telling you what coverage is available “per person” injured in the accident and what total coverage is available to all persons injured in a single accident. So, if you have $20,000/$40,000 coverage, each injured person would be covered up to $20,000, but the total coverage available for the accident is only $40,000. If four people are hurt in the accident, the most any one person would be paid is $20,000 but all five people would have to share the total of $40,000. In this situation, if any one person’s damages exceeded $20,000, or if the entire claim of all people in the accident exceeds $40,000, you could be personally responsible for what the policy did not pay.

Do you know how much coverage you have to protect you and your family? My experience is that most Iowans don’t. If you have enough Uninsured(UM)/Underinsured(UIM) Motorist coverage and a driver who has either no insurance or not enough insurance hurts you or your family, then your insurance company will pay for your damages up to the limits of insurance coverage you purchased. Uninsured(UM) Motorist coverage is also very important because if you are the victim of a “hit and run” and the other driver is not caught, your UM coverage will provide you with protection. Okay, how much does it cost? A recent survey of the leading insurance companies shows that for most Iowa drivers the difference between $20,000 and $500,000 in coverage is less than a dollar per day. The cost fro increased coverage ranged from a low of $.15 per day to a high of $.72 per day. Would you like to know which car insurance company had the lowest rate and learn more about car insurance?

To hear a brief recorded message about how to order a free copy of a book entitled about “How to Buy Car Insurance to Protect You and Your Family”? Log onto www.IowaInsuranceBook.com or Call 1-800-707-2552 and enter ext. 214 (24 Hour Recorded Message). Why would I offer a free book to you? Because I believe that all Iowans should have the right information to make informed decisions when they are buying car insurance. Also, I have had too many clients who did not have enough insurance before their accident which resulted in them losing thousands of dollars.

On November 21 a semi-truck driver struck 2 vehicles head on killing one woman and injuring another who was taken to Mercy Medical Center. We all have to remember to slow down for winter weather driving conditions. This is an unfortunate accident which could have been prevented, but instead has forever changed the lives of two Iowa families. To learn more about issues involving Iowa truck accidents log onto www.IowaTruckAccident.com.