Tyler & Associates, PC

Adjusting to Iowa’s new hands-free driving law

2025-06-19T14:22:30Z

Distracted driving has become an increasingly pressing public safety issue, so state lawmakers have had to take action. As of July 1st, 2025, the new hands-free cell phone law goes into effect. For the remainder of 2025, law enforcement professionals may issue warnings instead of citations to those who use digital devices while driving. However, beginning in 2026, drivers could be at risk of citations for violating the new hands-free driving law. Each violation could lead to a $100 fine. Motorists may want to take action now to ensure that they can easily comply with the new law without disrupting their lives. What steps can people take to ensure their compliance?

Get the right vehicle equipment

Many late-model vehicles have built-in Bluetooth systems. People can sync their mobile phones to their vehicles when they start them. If the vehicle does not have a built-in Bluetooth system, then there are Bluetooth adapters that people can purchase. Drivers may also want to obtain specialized phone mounts. These are devices that allow people to secure their phones to the dashboard, windshield or vents in the vehicle to interact with the phone with a single touch. Drivers may also want to practice using voice assistant programs such as Siri, Cortana or Google Assistant when they need to interact with their devices. They can verbally tell their phone to compose a text message, dial a phone number, update navigation software or change the music playing.

Adjust personal driving habits

Now is the time to start practicing habits that conform to the current law. People who rely on GPS navigation may need to develop the habit of inputting their destination information and starting the route before they start their vehicles. Similarly, they may need to practice starting a playlist or accessing a podcast before their vehicle is in motion. Whenever possible, make it a point to review and respond to text messages before getting in the vehicle. Similarly, placing brief phone calls before driving is usually preferable to making even a hands-free call while in control of a vehicle. In scenarios where people feel compelled to handle their devices, they need to pull over so that they aren't on the road and driving while interacting with their devices. With the right preparation, drivers can comply with the law and reduce the risk of a crash. If they end up hurt in a collision caused by someone less concerned about the law, then they may need help taking legal action. Filing an insurance claim or a civil lawsuit can help people involved in distracted driving crashes hold irresponsible drivers accountable.

3 top tips for co-parenting after a divorce

2024-12-23T00:22:23Z

Co-parenting is a difficult undertaking. People who no longer have a stable relationship with one another have to find a way to cooperate to raise children. Conflict is quite common in co-parenting scenarios, and parents often need to plan to minimize their disagreements in a shared custody scenario.

The right approach to co-parenting can help reduce the likelihood of major issues arising. What tips can be beneficial for parents trying to work cooperatively for the sake of their children?

1. Commit to centralized, child-focused communication

There are many different ways for parents to communicate about their children. Email, text messages, in-person conversations and social media messages are all opportunities to exchange information about children.

Unfortunately, communicating in a variety of different methods can lead to confusion, missed messages and difficulty proving what either party previously said. It is typically beneficial for those trying to co-parent to commit to a specific communication system, possibly a co-parenting app. They also need to keep their communication entirely focused on the children instead of on their issues with one another.

2. Maintain consistent rules that both households

Co-parenting should involve adults working cooperatively for the benefit of their children. Children have an easier time adjusting to the new family situation if both of their parents maintain the same rules and expectations.

Agreeing to enforce the same curfew, maintaining the same basic household rules and otherwise ensuring consistency between the households to make it easier for the children to live up to their parents' expectations. When the parents have the same rules and standards for their children, it is harder for the children to manipulate them and play them against one another.

3. Establish a system for resolving disagreements

Ideally, co-parents agree on most major issues related to their children's upbringing. However, there are inevitably disputes and disagreements and co-parenting situations.

Parents can prepare for that eventuality ahead of time. They might choose a co-parenting counselor that they can schedule a session with when embroiled in a dispute. They might also agree to have a neutral friend, a pastor or someone else with dispute resolution experience help them work through disagreements and find solutions that are effective for their families.

Those who approach co-parenting with a healthy and positive mentality may be able to achieve a more amicable shared custody arrangement. Parents who cooperate with one another can help shield their children from unnecessary conflicts and the emotional turmoil that disputes might produce.

What if work injury symptoms persist after a return to work?

2024-09-13T22:40:56Z

When an employee gets hurt on the job in Iowa, they often qualify for workers' compensation benefits. Even part-time workers can receive support for medical treatment costs and disability benefits for lost wages if they work consistently for the company. Most Iowa workers, with the exception of independent contractors and a few others in unusual circumstances, have workers' compensation coverage available to them. Ideally, medical treatment and workplace accommodations can help someone get back to work as soon as possible after their injury or diagnosis with a job-related condition. However, not every work-acquired medical condition ends in a full recovery. Occasionally, people have lingering symptoms. For example, they may continue to have pain that they need to manage after long shifts.

Getting back to work may involve accommodations

Employers with workers in need of benefits due to job-acquired injuries usually need to accommodate those workers. The physician overseeing the worker's care may recommend certain types of treatment. They may also impose limitations on someone's work functions. Doctors can even request accommodations ranging from assistive technology and regular breaks while working to a change in job functions. Typically, if a worker has persistent symptoms, their employer will need to accommodate them if the support they require is reasonable.

The worker may receive ongoing medical care

Medical benefits obtained through Iowa workers' compensation often end when someone achieves maximum medical improvement or returns to work. However, any persistent symptoms may make a worker eligible for ongoing benefits. People can receive medical coverage for physical therapy or pain management even after they return to work or cease undergoing active treatment for their condition. If a combination of ongoing medical benefits and accommodations cannot get someone's symptoms under control, then they may need to consider changing professions and possibly pursuing permanent disability benefits. When someone's health challenges create lasting functional limitations, they may qualify for ongoing benefits until they reach retirement age. Medical care benefits may last even after that point in some cases. Recognizing that a return to work does not automatically end all workers' compensation benefits may help those worried about supporting themselves and their families after a recent injury on the job.

Can you sue over a work injury in Iowa?

2024-01-30T12:58:42Z

No matter what your industry, you know that a workplace injury is always possible – and workers’ compensation is supposed to be there for you in those situations to cover your medical bills and provide you with some replacement wages and other benefits. However, workers’ compensation benefits are fairly limited in nature. If your injury is severe, workers’ comp may not cover all the associated expenses you have, and there’s a cap on how much you can recover in lost wages. Plus, workers’ comp does not pay for any non-economic damages, such as your pain and suffering or the loss of enjoyment of life. Can you sue to obtain additional compensation?

It may be possible to press a third-party claim

With few exceptions, workers’ compensation is an injured employee’s only recourse against their covered employer. That is by design. In order to give injured workers fast access to medical care and some financial stability, the trade-off is that employers are indemnified even when they were negligent. However, you do have the right to bring a personal injury claim in civil court against any additional party who may have caused or contributed to your accident. This is called a third-party claim and it operates independently from your workers’ comp claim. Some examples of when a third-party claim might be appropriate include situations like:

You were working on a construction crew and a passing motorist was talking on their phone and hit you, causing your injuries. You could pursue a claim against the motorist for negligence.
You were walking through your office and a delivery person wasn’t watching where they were going and knocked into you with a cart, causing you to fall. You could potentially sue the delivery company for their employee’s negligence.
You were making deliveries to someone’s home, and they failed to warn you that the steps to the porch were broken, so you fell through and got hurt. The homeowner may be liable for your injuries.

When you’re injured and unable to work, the last thing you want to do is let an opportunity for fair compensation pass you by. Learning more about third-party claims and workers’ compensation can help you to make informed decisions about your rights and options under the law.

Who pays for the funeral of a worker who dies on the job?

2024-09-13T22:43:23Z

Workers' compensation coverage is often the furthest thing from someone's mind when they receive a call from a loved one's employer. Although it is rare, individuals in a variety of professions sometimes experience incidents on the job that prove fatal. People in construction may fall from a significant elevation. Commercial drivers get into crashes, and factory workers end up hurt or killed by machinery malfunctions. Someone who is still trying to comprehend the shocking news that an immediate family member has died on the job will have many challenges to overcome as a result of that reality. Every aspect of their daily life will probably change, and their household finances may also become far more difficult to manage. In addition to losing their loved one's income, the family will also need to plan for memorial services and the burial of their loved one. Who has the responsibility to pay for burial costs after a workplace fatality?

Workers' compensation can help with burial expenses

Contrary to what many people believe, families don't automatically have to absorb the cost generated by a fatal incident on the job. They can turn to Iowa workers' compensation for several different, valuable forms of coverage. Workers' compensation can help cover the costs of any medical care someone required before they died. There will also be death benefits that help replace their income. Provided that someone has a surviving spouse or children, such benefits can make a major difference to the household after an unexpected work incident. There are also benefits that apply to burial costs. The current rule for burial expenses does not impose a set amount. Instead, employers or their workers' compensation insurance companies will need to cover reasonable burial expenses. The state currently defines reasonable as no more than 12 times the average weekly wage in the state at the time of someone's death. As of 2023, the average weekly wage reported in Iowa is $1,040.56. Therefore, the maximum amount an employer would likely pay for funeral expenses would be $12,486.72.

Managing a claim while grieving is hard

Navigating the workers' compensation system in Iowa is difficult even when the injured worker is the one seeking benefits. When people dealing with the psychological trauma of a sudden loss have to file a claim, the process can be incredibly difficult to manage. As a result, seeking legal guidance can make a major difference for those grieving a loved one due to an incident at their place of employment.

How employers should support workers hurt on the job

2024-09-13T22:46:58Z

Workers in any profession could suffer an injury on the job in Iowa. Retail workers could slip in a spill. Factory workers could end up hurt by machinery. Social workers could experience violence when a client loses their cool. Most of the time, injured workers require a combination of medical treatment and leave to recover. In more extreme cases, they may even need support from their employer when they come back to their jobs. Some injured workers take for granted that their employers will facilitate their return to work. Others assume the opposite. What can workers generally expect from their employers while recovering from a medical condition caused by their employment?

They can expect to return after leave

Even if an employer does not offer paid leave, workers should be able to take time off to recover from an injury or medical condition caused by their job responsibilities. Provided that there are medical recommendations for a specific amount of leave, employers should generally allow a worker to take a leave of absence until they are fit to return to work. Their workers' compensation benefits can provide them with disability pay until they have healed enough to resume their work. Particularly when the business is large enough to absorb the cost of bringing in temporary help or moving workers from one department to another, workers should be able to rely on taking time off during their workers' compensation claim if doing so is necessary for their recovery.

They can request reasonable accommodations

Some workers don't need to take more than a single day away from work if their employer can make some changes for them. Some injuries may necessitate assistive technology. Other times, workers may need to move to a different position to prevent worsening a repetitive stress injury. Companies could also provide work-from-home opportunities or make adjustments to someone's job, such as allowing them to sit during their shift, which will lead to a better medical outcome. Provided that the accommodations are reasonable and directly relate to a medical professional's instructions, workers should be able to trust that their employers will help them get back on the job when they are capable of doing so. Unfortunately, some employers will be unable or unwilling to cooperate with those hurt on the job. Knowing the basic ways in which employers should seek to work with injured employees can help people better assert themselves during a workers' compensation claim.

3 good reasons to change workers’ comp doctors

2024-09-13T22:48:20Z

When you’re injured on the job, your number one priority is getting better and getting back to work – but what if your doctor leaves a lot to be desired? In Iowa, your employer generally has the right to pick your workers’ comp medical provider (with exceptions for emergencies, of course) – so long as that provider is reasonably suited to the kind of injury that you have. Unfortunately, the chosen medical provider has a great deal of control over both your health and the future of your workers’ comp claim. They decide what treatment you need, what specialists you see, what physical therapy you have to have, when you can return to work and what restrictions you will have once you do – so a conflict with your physician can be a very big deal, indeed. If you’re unhappy with the care you’re receiving, you can try to negotiate with your employer or their insurer for a switch. If that doesn’t work, however, you may need to appeal to the Iowa Division of Workers’ Compensation Commissioner (DWC) for a resolution. Some of the most compelling reasons for asking to switch providers include the following.

You believe your doctor is being influenced by your employer

Even though your doctor was selected by your employer, they’re still supposed to make your care their top concern. Your employer’s opinions and needs shouldn’t be factored into your doctor’s recommendations. If your employer keeps trying to influence your treatment plan or accommodations and the doctor seems inclined to listen to them, that may be reason enough to ask for a change. A lack of impartiality by your provider is a serious issue.

You believe your care is insufficient

If you believe that your assigned doctor isn’t providing sufficient or appropriate care for your injury or has misdiagnosed you that might be a good cause for a change. Similarly, if you believe that your provider lacks the necessary experience or skillset to treat your condition and they won’t send you to a specialist, that’s clearly a reason for concern.

You have issues with communication

Communication is the key to any successful doctor-patient relationship, so a communication breakdown can be a big problem. If you feel like your concerns aren’t being addressed by your doctor and you’re not being heard, it may be time to ask for a change. If you feel like your workplace injury isn’t being treated properly or that you’re being given the “runaround” by your employer, their insurer or your workers’ comp doctor, learning more about your legal options can be potentially beneficial.

When will an injured Iowa worker need to return to their job?

2024-09-13T22:49:54Z

Sometimes, a work injury or a diagnosis of a job-acquired medical condition will create tension between an employee and the company where they work. For example, an employee may claim that their injury was caused by job-related concerns, but the company may deny that and try to claim that the worker got hurt on their own time. However, if there is one thing that employers and workers often agree on, it is that it is best for someone to come back to work as soon as possible. Although Iowa workers' compensation benefits provide disability benefits, what a worker receives is at most two-thirds of their usual paycheck and often less than that if they are ordinarily well compensated. Additionally, research shows in general that the longer someone is away from work, the less likely they are to re-enter the workforce fully. As a result, workers are often particularly concerned about when they can return to earning their full paycheck.

When their employer can accommodate them

Sometimes, employers are able to work with an injured employee from the very first day after their diagnosis. The company could move someone to a different position temporarily, provide assistive technology or even allow someone to work from home. Other times, the worker may need to improve to a specific point to return to work before their recovery is complete. So long as someone can perform their job responsibilities with reasonable accommodations, they may be able to return to their job while still receiving treatment.

When they fully recover

For someone working in an industrial profession who breaks a bone, fulfilling job responsibilities may not be possible until after their body heals and they undergo appropriate physical or occupational therapy. Someone may need to have a doctor sign off on their claim that they have fully recovered before they can just come to their job after an injury.

When they reach maximum medical improvement

Unfortunately for some people hurt on the job, a full recovery isn't always possible. There are some situations in which individuals will always have lingering symptoms and will cease responding to treatment efforts. If a doctor determines that someone is unlikely to respond to additional treatment efforts, they will declare that they have achieved maximum medical improvement (MMI). That may reduce what medical coverage they can receive and will likely speed up the timeline for their return to work. In some cases, workers ordered back to their jobs may require support when they challenge that assertion or when they request accommodations from their employers. Understanding the rules that govern return-to-work matters in Iowa may benefit those unable to work because of an injury. Seeking legal guidance is always a good option if an injured worker has questions about their rights and options.

Can injured workers get benefits for pre-existing conditions?

2024-09-13T22:55:24Z

Many injured employees have a straightforward claim for Iowa workers' compensation benefits. They get hurt when a co-worker drops a tool or when a piece of machinery malfunctions, so there is no question about the relationship between their current employment and their medical condition. Other workers may find that their medical concerns fall into a bit of a gray area. For example, say that a worker already had knee pain or carpal tunnel syndrome when they accepted a new job. The condition existed before employment, but there is little question that their job responsibilities have worsened those symptoms, possibly making it very difficult for them to maintain their employment. Can workers' compensation help those whose employment has aggravated or otherwise impacted a pre-existing medical condition?

Pre-existing conditions sometimes qualify for benefits

A worker who has experienced the same back pain symptoms for years would not qualify for workers' compensation coverage just because they now have a job. However, if they can show that their condition has worsened since beginning their job, then they might qualify for benefits. When someone's employment worsens an existing condition, that employee may be eligible for disability benefits and medical benefits. Typically, a careful medical evaluation will be crucial for those bringing a workers' compensation claim related to a pre-existing condition. The more documentation they have exploring the initial or long-term symptoms they experienced and the new or worsening symptoms they now present, the easier it will be to connect with benefits. Being able to conclusively establish that employment worsened someone's symptoms could therefore make a major difference for an employee coping with a worsening condition impacted by their job responsibilities. In theory, a worker who is experiencing worsening symptoms could qualify for the same medical coverage and disability benefits as those with a new traumatic injury related to their employment. Understanding when conditions qualify for coverage is, therefore, often an important starting point for those who believe that they may require the support of workers' compensation benefits in Iowa.

What death benefits are available through Iowa’s workers’ comp?

2024-09-13T22:54:15Z

Losing a loved one to a premature death in a workplace accident is always devastating, but the situation can be particularly dire when your family relied upon that loved one for your financial support. When the worst happens, and a loved one dies due to a work injury or illness, Iowa’s workers’ compensation laws make sure that there are benefits available to their survivors.

Who is entitled to receive death benefits?

Workers’ compensation will provide benefits that alleviate the financial burdens faced by a deceased worker’s dependents. This includes:

A surviving spouse, who may receive benefits either until remarriage or, if not remarried, for life (and some may be entitled to a lump-sum settlement upon remarriage). This is true even if the deceased worker and their spouse did not cohabitate.
The worker’s dependent children, who may receive benefits either until they turn 18 years of age or until they reach 25 years of age if they remain dependent (such as full-time students).
Other dependents who may not fit the above two categories, such as grandchildren or other relatives who were dependent upon the deceased.

What benefits are available?

The weekly benefit rate for survivors depends on the amount of gross wages the deceased worker received during their lifetime. Generally, beneficiaries can expect to receive 80% of the deceased employee’s weekly gross income minus taxes. While this may not sound like a lot, it could be just enough to keep your family financially stable as you move through this tragedy. In addition, worker’s comp will pay for the deceased’s reasonable funeral and burial expenses, up to 12 times the statewide average weekly wage at the time of the worker’s death.

What happens if benefits are delayed or denied?

Workers’ compensation was designed to be a relatively easy “no-fault” system that negates the need for every injured worker or their survivors to file a lawsuit – but things don’t always go as planned. Claims are unfairly delayed, devalued and denied all the time. If that happens to you, it may be time to seek the legal guidance you’ll need to help you navigate the system successfully.