Applying Decades Of Experience To Solve Modern Legal Issues
Often, injured workers wonder if they have the financial means to hire a workers’ compensation attorney in Iowa. Cost and fees are legitimate and reasonable questions to ask when it comes to pursuing a workers’ compensation claim. People frequently attempt to handle contentious cases on their own because they fear the costs associated. Keep in mind that initial consultations are…
Generally, landlords have the authority to prohibit tenants from bringing a pet onto the rental premises. Conversely, landlords may utilize a lease provision which requires a tenant to pay a pet security deposit as well as a monthly fee to keep the pet in the rental unit. However, a situation may arise where a tenant requests to live with a…
The days, weeks, and months after the death of a loved one are difficult. There is grief, uncertainty, and sometimes, even anger. These emotions can bring family members together, but this painful time can also exacerbate disputes, open old wounds, and create division. Unfortunately, sometimes families in Council Bluffs, IA find that distribution of an estate and handling other probate…
In Iowa, individuals who are injured during the course of employment are entitled to workers’ compensation benefits. Unfortunately, many of these injured employees find that obtaining these benefits is complicated and confusing. Even when an employee appears to have a clear-cut legitimate claim for workers’ compensation, employers and insurance may deny or delay the claim. In other instances, reporting requirements…
Common public perception is that no legally binding contract exists between two or more parties who engage in a “handshake” deal absent a written agreement. However, a court may rule that oral contracts are enforceable. The party seeking to enforce the contract must establish three basic elements: an offer, consideration, and acceptance of the offer. Consideration is either a benefit…
Assume you are pulling a heavier piece of inventory, you twist awkwardly and injure your lower back. For the next few weeks not only are you prohibited from lifting the heavy inventory, but you can’t work at all because it is painful to walk and stand. Under Iowa law, these circumstances alone are clearly enough for a workers’ compensation claim.…
At-Will Employment – Retaliation – Wrongful Termination Unfortunately, employers and their insurance provider can be opposed to providing workers’ compensation benefits, and frequently may make the process difficult. If employers in Council Bluffs, or anywhere in Iowa, terminate a workers’ compensation claimant the law in Iowa provides recourse for the employee. In Iowa, the employee and employer relationship is based…
The short answer is yes. These forms of coverage are not legally required, but are strongly recommended. Iowa law requires all drivers to show proof of financial responsibility, whether they are involved in a motor vehicle accident or not. In nearly all circumstances, with very few exceptions, this means proof of insurance. Without insurance an individual can face suspension of…
Charles L. Smith was recently appointed to serve on the Iowa State Bar Association’s Commercial and Bankruptcy Law Section Council. The ISBA is a voluntary organization of more than 8,000 lawyers and judges who are licensed to practice law in the state of Iowa. The ISBA facilitates growth and collegiality among Iowa attorneys. It has 23 sections involving more than 250…
The 2017 Iowa legislative session resulted in an overhaul of certain provisions of the Iowa Workers’ Compensation statutes. New amendments apply to work-related injuries that occurred on or after July 1, 2017. Unfortunately, the majority of the changes create more hurdles for injured workers to obtain benefits. Prior laws apply to all workplace injuries that occurred before July 1, 2017. …