Monika Hartl
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Iowa State Appeals Court Denies Injured Snowplower Right To Trial

An Iowa state appeals court ruled earlier this month that a snowplow driver’s right to a trial can be lawfully denied and he should be required to take a previous settlement instead.

According to reports and court documents, the court ruled that a Rock County Circuit Judge didn’t violate the man’s right to a trial because he had waived the right when he accepted worker’s compensation benefits after he was injured.

The man was injured in February 2009 when he was operating a plow that hit a raised part of pavement. His lawyers argued he was thrown forward, where his head hit the ceiling and caused permanent damage to his spine.

Rock County Circuit Judge James Welker ordered the man to accept a $200,000 settlement offer after the the snowplow driver initiated a lawsuit against the maker of the plow. The initial lawsuit alleged that repairs done before the accident affected the plow’s ability to react appropriately when striking the raised pavement. The suit was set to go to trail in February 2012.

The driver had been an employee of the village of Fontana at the time of the accident.

If you have suffered any type of work-related injury, it is important to discuss your options with an experienced Wisconsin worker’s compensation attorney. Call today for your free, initial consultation.

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