Q: Hi I live in Iowa and my employer is from Iowa but the company he has his trucks leased to is from South Dakota .
My injury occurred in Arizona While I was about to load my trailer I hurt my back then and my leg kicked out. Do I use an attorney in Iowa where I live or South Dakota where the carrier is located?
It appears you likely have a claim subject to Iowa and an Iowa lawyer would probably handle it. From the question number one seems to be true. From the little information provided I am uncertain if number two is also true. I know you live in Iowa. Do you regularly work in Iowa? Do you drive across Iowa? Is there a written contract with a provision detailing where a work injury claim is venued?
You likely need to visit with an Iowa lawyer, so the lawyer can get exact facts and make a determination. Here are the five situations making your claim and Iowa claim.
A trucker injured outside of Iowa is entitled to Iowa benefits if one of the five situations are true:
1. The employer has a place of business in Iowa and the driver regularly works at or from that place of business, or the employer has a place of business in Iowa and the driver is domiciled in Iowa.
2. The driver is working under a contract of hire made in Iowa and the driver regularly works in Iowa.
3. The driver is working under a contract of hire made in Iowa and sustains an injury for which no remedy is available under the workers’ compensation laws of another state.
4. The driver is working under a contract of hire made in Iowa for employment outside the United States.
5. The employer has a place of business in Iowa, and the driver is working under a contract of hire which provides that the driver’s workers’ compensation claims be governed by Iowa law.
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