Personal Injury Law

Iowa Workers' Compensation: Death benefits and negligence

By Steve Lombardi

Matthew Buckner was driving his van 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, dependent family members) 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.

Driver's who suffer injury or death as a result of their own negligent acts doesn't ordinarily have a claim under normal laws of negligence; but under workers' compensation the wife, husgand or children of the deceased worker are able to file a legitimate work-comp claim.

One benefit of workers' compensation under Iowa law is that workers are covered for injury and death occurring due to advancing their employer's business. That means if you're a dependent and your husband, wife or father dies in a single vehicle accident (even though they were driving) you are very likely entitled to receive workers' compensation benefits either for life or during undergraduate education at an accredited college or university.

If you have questions, don't just sit there; act now to find answers to your questions. We will answer your questions or assist you to locate a lawyer in your state that can give you solid answers. We work closely with lawyers from our neighboring states of Illinois, Minesotta, Nebraska and Missouri.

Here is an example of a Death Benefits Decision, File No. 125636, Iowa Workers' Compensation Commissioner.

Claimant, the surviving spouse of an over the road truck driver, was able to prove by a preponderance of the evidence that she was entitled to death benefits pursuant to section 85.31(1)(a).

Decedent sustained an acute myocardial infarction while he was driving his normal route for his employer. Decedent did not recognize that his symptoms were those of a heart attack. As a consequence, decedent drove for nearly one day before seeking any medical treatment. Decedent was a dedicated professional of long duration. He wanted to make his run before he sought any medical care. Decedent and his partner continued their normal driving routine which was to keep the truck rolling twenty-four hours per day.

Several medical experts testified that because of the delay in seeking medical care, the condition was materially aggravated. Claimant met the tests established in Riley v. Oscar Meyer Foods, 532 N.W.2d 489 (Iowa Ct. App. 1995). This case was similar to the case of Varied Enterprises v. Sumner, 353 N.W.2d 407 (Iowa 1984).

Full post as published by Des Moines Personal Injury Lawyer on April 07, 2009 (boomark / email).