Category Archives: Disability

I Can’t Do My Old Job, So I Qualify for Disability, Right?

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dib1It’s not uncommon for workers to expect to qualify for disability when they are unable to work in a job that they have held for years. The question becomes does that mean they are disabled under Social Security Administration rules? As in most cases in dealing with the law, the answer is maybe!

For workers under the age of 50, applicants must prove that they are also unable to obtain any work in the general economy, even if they can’t do their typical jobs. This includes unskilled work, and the SSA makes no distinction for what type of pay cut a worker must accept to remain gainfully employed. For instance, let’s assume a worker was earning $20 an hour as an electrician, but could no longer handle the rigors of that employment. If that person can do a minimum-wage job full time or at the level of substantial gainful employment as set by the SSA, then a person is not considered disabled under the SSA rules. Many people are surprised that the SSA would require this. Even if jobs don’t exist within the current labor market, the SSA would require a worker to move herself to a larger market to continue to be employed.

For individuals over the age of 50, the primary question is did they acquire skills from prior employment that would enable them to transition into other employment areas. If those skills would allow the worker to transition to alternate employment, then they are not considered disabled. If those skills are too specialized and don’t easily transition to alternate employment, the worker may very may well be disabled, according to SSA rules.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability, employment law, U.S. Department of Labor, Work Injury, Workers' Compensation, Workplace Injury and tagged , , .

Five Ways Employees Can Navigate the Hassle of Temporary Partial Disability

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returnToWorkReturn-to-work issues seem to involve the blind leading the blind, even in the best circumstances. Doctors, especially general practitioners, are unsure what exact work restrictions are needed for an injured employee. Employers may not always have a good idea, assuming they are acting in good faith, what the requirements for the job are as well.

This can be further complicated if an employee attempts to come back to work part time from temporary disability. Not only do you have to navigate the issues of whether the job is appropriate, but you also have to deal with how much you get paid for what is called temporary partial disability.

What is temporary partial disability?

Temporary partial disability represents two-thirds of the difference between what you are making and your pre-injury average weekly wage. Though this seems simple in theory, it can be complicated for many reasons. Here are five things that employees can do to ensure they are being paid the proper amount of temporary partial disability:

  1. Keep track of your pay stubs: Temporary partial disability is difference between your pay and your average weekly wage. So you need to know your pay in order to determine that amount. Sure employers can do this, but sometimes employers, especially if they are self-insured, have incentive to drag their feet. Also, many companies will outsource their payroll so that information may not be readily available to them. The best solution is to have that information on hand yourself. Having your pay stub will also allow you to know your pay period, which is also important.
  2. Keep track of your hours on daily basis and/or get a copy of time card: Temporary disability is usually paid weekly. Many employers will pay every other week. The pay periods between your paycheck and your disability check might also vary. Sometimes checks will get delayed because an insurance company legitimately has to investigate what benefits have to be paid for one week. You can simplify this for them by providing your time card. The U.S. Department of Labor has a good app for this that you might want to use that tracks hours worked.
  3. If your job is too hard to do physically, make a doctor’s appointment right away to see if you can get your restrictions changed: Delaying a visit to the doctor may not only damage your health; it can also cost you money. An employer can attempt to deny and delay payment between the time where you stopped working at a “light duty” job and when a doctor took you off work and you start receiving temporary total disability again. You may not be able to recover this money, short of going to court, but you do have some control over keeping these gap periods as short as possible.
  4. Turn in your time cards and time sheets to your workers’ compensation attorney or insurer: Don’t assume that your employer is turning over your hours to their workers’ compensation insurer. Be sure that you (or your lawyer) are turning in that information to ensure prompt and full payment.
  5. Make sure that you know your average weekly wage: Workers’ compensation benefits are generally some percentage of your average pay over a time period. Employers will often turn over this information to their workers’ compensation insurer for them to determine how much you should be paid. If you think you are getting shorted, ask the insurer for the basis of their calculations and run it by an experienced workers’ compensation lawyer in your state or the state where your claim has been filed.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability, Employment, employment law, Health, Injury Reporting, social security disability and tagged , , , .

Workers Can’t Wait to Cash In?

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Worplace-Safety-Workers-Compensation-Worker-Injury-ConstructionIt’s not uncommon in the workers’ compensation arena that we hear allegations of malingering or workers being hurt on purpose to reap the monetary rewards of a work injury. Some employers refuse to settle a case as long as the worker is still employed by the company, fearing a large monetary settlement will encourage other workers to get injured.  The limited benefits of a workers’ compensation claim make these assertions ridiculous.  Specifically, no benefits are paid for the pain and suffering.  Additionally, the reality is that many states compensate a permanent injury for only a matter of weeks or years.  The worker and his or her family are left to deal with the ongoing effects of these injuries for the balance of their lifetime.

The Insurance Journal listed the top 10 leading causes “of serious, nonfatal workplace injuries” from “2012 claims data for injuries lasting six or more days and ranked the injuries by total workers’ compensation costs,” according to a recent article.

Not surprisingly, horseplay or purposefully getting injured was not among them. In fact, the leading cause of workplace injuries is ironically enough – overexertion! Overexertion and other exertion-related injuries made up almost a third of all workplace injuries. So much for the theory of money-hungry workers playing around or purposefully getting injured. Falls comprise two of the top 10 leading causes of workplace injuries, making up a total of just over 24 percent of all injuries.  Being struck by or striking objects combined for around 15 percent. Motor vehicle accidents (5.3 percent) and repetitive movements (3.1 percent) round out the top 10 list. The full list is detailed below. In total, the 10 most common work injuries accounted for almost 84 percent of all injuries.

  1. Overexertion 25.3 percent
  2. Falls on same level 15.4 percent
  3. Struck by object or equipment 8.9 percent
  4. Falls to lower level 8.6 percent
  5. Other exertions or bodily reactions 7.2 percent
  6. Roadway incidents 5.3 percent
  7. Slip or trip without fall 3.6 percent
  8. Caught in or by equipment or objects 3.5 percent
  9. Repetitive motions 3.1 percent
  10. Struck against object or equipment 2.9 percent

The Occupational Safety and Health Administration (OSHA) reports that workplace deaths have decreased from 38 per day in 1970 to 12 per day in 2012, according to the article. Additionally, OSHA reports occupational injury and illness rates have declined 67 percent since 1970, all while employment has almost doubled.

Despite these accomplishments, insurance companies and large employers continue to lobby state legislatures about the injustice and cost of workers’ compensation benefits. In reality, workers and their families continue to bear the real burdens of workplace injuries.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability, employer fraud, fighting fraud, Fraud, Work Injury, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , .

NPR: Brain Affects Pain

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Brain_powerPain and chronic pain is a topic that many of our clients experience as a reality every day. This fairly recent National Public Radio report gives more details about what some of the research shows in reference to the brain and pain.

Although the headline in the original article is a flop, as people are often wrongly told “it’s all in your head,” the brain is a really important part of how the body feels, understands, and reacts to pain.

There are some potential lessons to be applied to injured workers, clients with personal-injury cases, and others who are associated with our law firm. However, as is the case with all research, be sure to speak with both your lawyer and medical professionals who know about your situation before making changes to a treatment plan.

“Our perception of pain is shaped by brain circuits that are constantly filtering the information coming from our sensory nerves, says David Linden, a professor of neuroscience at Johns Hopkins University and author of the new book ‘Touch: The Science of Hand, Heart, and Mind,’” according to the NPR article.

But sometimes those filters work differently than expected, such as when Complex Regional Pain Syndrome affects a client, an issue written about on this blog by firm partner Todd Bennett.

“The brain also determines the emotion we attach to each painful experience, Linden says. That’s possible, he explains, because the brain uses two different systems to process pain information coming from our nerve endings.

“One system determines the pain’s location, intensity and characteristics: stabbing, aching, burning, etc.

“‘And then,’ Linden says, ‘there is a completely separate system for the emotional aspect of pain — the part that makes us go, “Ow! This is terrible.” ’

“Linden says positive emotions — like feeling calm and safe and connected to others — can minimize pain. But negative emotions tend to have the opposite effect,” according to the NPR article.

A study that associate Jon Rehm recently referenced showed how the context of being appreciated at work made a difference to certified nursing assistants who were injured at work.

“… Higher-paid CNAs were injured less frequently than lower-paid CNAs. The study indicated that organizational factors really drove injury rates among CNAs. In other words, in settings where CNAs are truly valued, paid fairly and trained, the injury rates are lower. But if CNAs are treated as low-wage, high-turnover cogs in a machine, then injury rates are higher,” according to his blog post.

Finally, according to the NPR article, there is some evidence that because of how the brain interacts within different parts of itself, “that at least some people can teach their brains how to filter out things like chronic pain, perhaps through meditation,” said Stephanie Jones, an assistant professor of neuroscience at Brown University.

If you have questions about how this information can apply to your situation, please contact an experienced lawyer.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disabilities, Disability, Health, mental health, Workplace Injury and tagged , , , , , , .

ABLE Act Set to Help Save for Child’s Disability-related Expenses

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081028-N-3173B-027The Achieving a Better Life Experience Act (ABLE) was recently passed by Congress and signed by President Obama.

This legislation matters to us because some clients may have a child or children who qualify for an ABLE account.

“The ABLE Act aims to provide families of a severely disabled child with some peace of mind by allowing them to save for their child’s long-term disability expenses in the same way that families of able bodied children can currently save for college through popular 529 investment plans,” according to information on North Carolina Sen. Richard Burr’s website (link is below).

There are a lot of details available on the internet about the act, and some of it is conflicting, as “passage of legislation is a result of a series of compromises,” as noted in the National Down Syndrome Society’s (NDSS) excellent resource article that is linked to below.

One of those limitations is that a person must have a qualified disability diagnosed before turning 26 to have an ABLE account, according to Sen. Burr’s website.

Here are some more links with information that I thought would be most helpful to those who are looking for more details to see if the act’s passage can help a loved one.

This link has detailed information about the act, including its text and history, from Congress.gov. https://www.congress.gov/bill/113th-congress/house-bill/647 H.R.647 – 113th Congress (2013-2014): ABLE Act of 2014 | Congress.gov | Library of Congress

Sen. Burr was a co-sponsor of the bill, along with Sen. Bob Casey of Pennsylvania. Burr’s link has information that includes details on who is eligible for an ABLE account and what are considered “qualified disability expenses.” http://www.burr.senate.gov/public/_files/ABLE%20Act%20Summary%20–%20NH%2011-19.pdf

“ABLE accounts would be a savings vehicle for disability-related expenses that will supplement, but not supplant, benefits provided through private insurances, the Medicaid program, the supplemental security income program, the beneficiary’s employment, and other sources,” according to the site above.

Via the National Down Syndrome Society (NDSS): Achieving a Better Life Experience (ABLE) Act http://www.ndss.org/Advocacy/Legislative-Agenda/Creating-an-Economic-Future-for-Individuals-with-Down-Syndrome/Achieving-a-Better-of-Life-Experience-ABLE-Act/

I thought the section of “10 Things You Must Know” was most helpful, with more details about the who, what, when, where and why of the accounts.

Via the National Association of Injured and Disabled Workers (NAIDW):  Achieving a Better Life Experience (ABLE) Act https://www.naidw.org/groups/viewdiscussion/1770-achieving-a-better-life-experience-able-act?groupid=144

Via disabilityscoop: The Premier Source for Developmental Disability News: Obama Signs ABLE Act http://www.disabilityscoop.com/2014/12/22/obama-signs-able-act/19935/

“People with disabilities may be able to start opening ABLE accounts as soon as 2015. However, some hurdles remain. While the new law alters federal rules to allow for ABLE accounts, each state must now put regulations in place — much as they have done for other types of 529 plans — so that financial institutions can make the new offering available,” according to the site above.

As is evident from the links above, more groundwork needs to be done to implement the law, so I would encourage those with questions to learn more about the accounts by contacting an accountant or a lawyer who is an expert in life care and special needs.

So if you, a loved one, and/or a friend, are receiving workers’ compensation benefits, but are worried about losing necessary current benefits for your disabled child because of limitations in what you can save or spend, an ABLE account may be just the thing for your situation.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disabilities, Disability, Government, Health Update, Legislation and tagged , , , , .

‘Bizarre’ Workers’ Compensation Cases Post Is Good Read

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workers-compensationWorkers’ compensation law covers a very broad spectrum of cases. Each year, one of my favorite blogs publishes its top 10 most bizarre workers’ compensation cases. This year’s list, written by attorney Thomas A. Robinson, is interesting reading.

I appreciated Robinson’s empathetic approach to the cases, which he explains in this quotation.

“One thing we always kept in mind: one must always be respectful of the fact that while a case might be bizarre in an academic sense, it was intensely real. The cases mentioned below aren’t law school hypotheticals; they affected real lives and real families.”

In addition, as is stressed on a regular basis in the firm’s blog and social-media posts, workers’ compensation laws vary between states. The variety of states represented in this list included the two where attorneys from Rehm, Bennett & Moore practice, Iowa and Nebraska, and also North Carolina, New York, Wisconsin, Washington, Florida and Pennsylvania.

Here’s the link to the original blog post: http://www.lexisnexis.com/legalnewsroom/workers-compensation/b/recent-cases-news-trends-developments/archive/2014/12/31/the-top-10-bizarre-workers-compensation-cases-for-2014.aspx

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability, Fraud, Injury Reporting, Nebraska, Safety, Workplace Injury, Workplace Safety and tagged , , .

How Safe Is Healthcare for Workers?

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injured nurseThe article that today’s blog post is based upon is an in-depth look at how one state’s OSHA office interacts with a sector of the healthcare community: hospitals. Like Iowa, but unlike Nebraska, Oregon is one of 27 states or U.S. territories that has an OSHA office at the state level.

The “Lund Report: Unlocking Oregon’s Healthcare System” article talks extensively about nuances within ways that OSHA offices, whether state or federal, can measure the safety of healthcare providers like hospitals and nursing homes.

As evidenced in previous blog posts about senior-care workers and lifting injuries, I have continuing concerns for the safety of healthcare workers.

According to the in-depth article, “A Lund Report review suggests that in Oregon, regulators are de-emphasizing attention to hospital employee safety, despite national data showing that healthcare workers are injured in the U.S. each year at rates similar to farmers and hunters. Most Oregon hospitals have not been inspected by the state Occupational Safety and Health Division in years. And when on-the-job hazards are detected, Oregon’s OSHA office levies the lowest average penalties in the country.”

Should workers get lost as the patients are the focus of these healthcare institutions? Should regulation and inspections or fines by such groups as OSHA be the driving force toward workplace safety for healthcare employees?

It seems to me that healthcare administrators’ emphasis on profit is more important than proper concern for their employees – the nation’s caregivers. And if you or your family member is the healthcare worker who gets hurt on the job, this lack of focus on the worker is more than just a philosophical argument.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability, Health, health insurance, Uncategorized, Work Injury, Worker safety, Workers' Compensation and tagged , , , .

How the ADA and Injured Workers’ Protections Interact

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If an injured worker has documented and permanent work restrictions or even long-term work restrictions, thanks to the Americans with Disabilities (ADA) Amendments Act of 2008, that worker can likely invoke the protections of the ADA, unlike the injured worker in the recent St. Martin v. City of St. Paul case. He was found not to be disabled despite being permanently restricted to light-duty work.

However in Nebraska, employers are not obligated to put an injured worker in a light-duty job like they are in other parts of the country.

Injured workers have to reach out to their employers to help themselves stay employed. This reaching out could include suggestions about modifying the job or changing work hours. It’s good practice to be able to document these attempts to reach out to an employer via e-mail. If employers ignore these suggestions, then the employee has a good case for a failure-to-accommodate claim. However in Nebraska, employers are not obligated to put an injured worker in a light-duty job like they are in other parts of the country. Employers can force employees to apply for re-assignment. The employee then needs to be diligent about applying for open jobs. Otherwise, they can jeopardize an otherwise-strong ADA claim.

One trap disabled workers fall into is assuming that their employer is trying to get rid of them and failing to apply for jobs after a reasonable assignment. Courts in Nebraska take this behavior from workers as being unreasonable and use such behavior to justify dismissal of ADA claims.

Sometimes doctor-given restrictions do not match what an employee can actually do. Employees may be tempted to quit if an employer adheres rigidly to doctor-given restrictions. Technically an employer has to take an employee’s explanation of their own disability into account when setting a work restriction. However, courts in Nebraska usually require the employee to give something more than complaints of pain in order for an employer to modify doctor-given restrictions. The wisest move for an employee in such a situation is to try to do the job for a week or so and if the pain continues to consult with a doctor again about changing the restrictions. Employees might want to consider getting a second opinion if they believe their current doctor isn’t cooperating with work restrictions. However, employees should probably consult with a competent workers-compensation attorney if they are switching doctors in the context of a workers-compensation claim.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability and tagged , .