Category Archives: Workplace Injury

March Tragic Month for Nebraska Workers: 4 Deaths So Far

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Did you know that four people in Nebraska have died in work-related incidents this month? And March isn’t even over yet.

This recent news release from the U.S. Labor Department’s Occupational Health and Safety Administration goes into more detail about the circumstances regarding each person’s tragic, and as noted, “preventable work-related death.” Sympathies go to the loved ones of a 62-year-old worker in Sutherland; a 42-year-old worker in Hayland; a 42-year-old worker in Walthill; and a 61-year-old worker in Alliance.

It seems like the firm’s social-media channels have been inundated with these sad announcements, because all of these tragedies have occurred over less than two weeks. Four deaths in two weeks compares to 12 total on-the-job deaths in 2015, according to the news release.

“Additionally, OSHA has also opened 41 investigations since Jan. 1, 2016, 32 incidents were hospitalizations and nine were due to amputations. Last year, 162 severe Nebraska worker injuries were reported to OSHA, 113 of those required hospitalization and 52 involved amputation injuries.”

I agree with OSHA officials that it is essential for Nebraska’s business to review their safety and health programs and also make sure employees know and are using those procedures on a regular basis.

“Employers and workers alike can prevent job-related injury and death with simple, common sense safety procedures,” said Jeff Funke, OSHA’s area director in Omaha. “With spring now upon us, construction and other seasonable work will soon be in full swing. Once again, workers will be exposed to some of the most frequently cited OSHA hazards such as falls, struck-by, and trenching – three of the hazards suspected in the most recent fatalities.”

If you have questions about potential safety hazards in your workplace or you or a loved one has been injured at work, please contact an experienced workers’ compensation lawyer who can help you determine how to proceed. In addition, OSHA’s toll-free hotline is 800-321-OSHA (6742), and OSHA’s Omaha office number is 402-553-0171.

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 Workplace Injury, Workplace Safety and tagged , , , , , , .

Brain Injury Association of Nebraska Advocates, Educates through Upcoming Conference

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BIANE_LogoBrain injury is caused by trauma, and it causes lifelong problems to which victims and their loved ones must adapt.

Our firm and our senior member, Rod Rehm, has represented victims of traumatic brain injury (TBI) since the early ’80s. Obtaining recognized evidence concerning most TBIs has been made much easier by associations such as the Brain Injury Association of Nebraska (BIA-NE).

This group of victims and their families have worked tirelessly to inform and educate the public and our lawmakers about TBI. BIA-NE has been a strong and effective advocate for victims and their families. There are a lot of really interesting and helpful resources on the website. In addition, the group hosts events that offer information and support, including an upcoming conference in Kearney from March 31 through April 1. The registration deadline is Friday, March 25, so please register for the conference through this link.

Organizers suggest the following people should consider attending this conference, according to the website:

  • “People with Brain Injuries
  • Family Members/Caregivers
  • Health Care Professionals (See For Professionals)
  • State Agency Personnel
  • Educators who work with brain injury or special needs children.
  • Law Enforcement Personnel
  • Anyone interested in issues and trends in brain injury”

In addition to the upcoming conference, BIA-NE also holds events that focus on supporting veterans and their caregivers.

TBI victims now face more accepting judges, juries and insurance companies as they seek proper treatment and compensation thanks to this inspiring advocacy.

Rehm, Bennett and Moore is proud that Rod Rehm has been designated as a Recognized Brain Injury Attorney by the Brain Injury Association of Nebraska.

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 Health, mental health, Nebraska, Safety violations, Workplace Injury, Workplace Safety and tagged , , , .

Study: Work Injuries Could Increase Risk of Losing Job

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“Compared to colleagues reporting no injuries, workers who were hurt were more than twice as likely to be fired in the next six months. … After one year, 30 percent of workers had been injured at work and about a quarter were no longer employed at that job after 18 months.”

Can you guess specifics about the quote above, or at least start with figuring out which industry the quote is talking about?

The answer may surprise you (or maybe not, if you or a loved one have worked in this industry): it’s results that “used data from a study done by the Work, Family and Health Network involving direct care workers from 30 nursing homes across New England,” according to the study’s lead author. Cassandra Okechukwu, the lead author, offered that the study’s “original goal was to examine workplace policies meant to improve workers’ health, safety, and wellbeing.”

I am glad that Okechukwu and her team followed the data where it led, even though that wasn’t the original intent of the study. I am also glad that Madeline Kennedy wrote about the study’s results at this link via Reuters Health.

“The results also indicate that federal and state-level regulations, which are supposed to protect workers from being fired after injuries and to give workers compensation and sufficient time to recover from an injury, may not always be followed,” Kennedy wrote.

The study included 1,331 nursing home workers who completed interviews at six-month intervals and reported injuries and job changes for the previous six months in each interview, according to Kennedy. “Nine in 10 of the participants were women, and more than two thirds were certified nursing assistants.”

“Workers who had been injured multiple times were also twice as likely to quit their jobs in the next six months as colleagues with no injuries, the study found. … Compared with people who were not injured, injured workers were 30 percent more likely to no longer be in their jobs within six months of the injury, whether voluntarily or involuntarily.

“People who were injured more than once were more likely to choose to leave their jobs than people with no injuries, while people injured only once were more likely to be fired.”

Why workers are being fired is a question that needs to be examined in another study, according to Okechukwu. I would add that additional research always needs to be done, and I hope someone addresses this issue, as I think it is very important to know about for injured workers and those of us who work with and care for them.

Another researcher Kennedy quoted in the Reuters article who wasn’t involved in the study was Peter Smith, from the Institute for Work and Health at the University of Toronto.

Smith suggested that “workers may be fired because their employers feel they can no longer perform the job duties, or due to worries that they will be injured again,” or that workers elect to leave their jobs because they’re scared of being hurt.

“‘Work is not supposed to lead to injury,’ Smith said, and employers should give workers resources to protect their health and earnings. ‘Measures must be put in place to ensure that employers do not fire or discipline workers because they have had a work-related injury,’ he said.” 

If you or a loved one have questions about a work-related injury or suspect you’ve been fired because of an injury at work, please speak with 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 employment law, Workplace Injury, Workplace Safety and tagged , , , .

Workers’ Compensation System Should Serve Workers: Research Study Looks at ‘Work-Injury Impact on Wealth of U.S. Workers’

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170415193105_5916The costs of workplace injuries for workers and their loved ones are discussed pretty frequently on this blog, in general terms. Those costs are often not absorbed by the businesses where worker injuries occur, or by the insurance companies that represent those businesses and often present denials and roadblocks for injured workers to get prompt, effective treatment. Instead, costs are passed on to society’s social safety nets (also known as the taxpayer) to help shore up the injured workers and their loved ones.

I can cite many individual examples where workplace safety and the workers’ compensation system have fallen short in either preventing work injuries or serving injured workers after an incident occurred. Those limitations, and even failures of the system, usually result in a significant loss of income for injured workers and their loved ones and lives being altered. Sometimes, previously self-sufficient people have to rely on programs like Social Security Disability.

Now there is recent research to back up my experiences and show that the workers’ compensation system must serve injured workers better, not just be worried about the “bottom lines” of businesses, insurance companies, cost-containment groups, and others who prioritize themselves before the injured workers and are part of the workers’ compensation system. This research comes from those who are studying the National Longitudinal Survey of Youth (NLSY79).

There are a lot of useful and interesting details in this article, which I strongly encourage you to read. Keep in mind that the authors separated people into the following categories:

  1. “persons with DAFW injuries (injuries resulting in days away from work)”
  2. “those with NDAFW injuries (no days away from work)”
  3. “non-injured persons”

According to the abstract, the researchers’ conclusions were as followed.

“Occupational injuries exacerbate income inequality. Efforts to reduce such disparities should include workplace safety and health enforcement. Am. J. Ind. Med. 59:106–118, 2015.”

Remember the categories above? Here are the research study’s results, according to the abstract.

“The annual earnings growth was $3,715 (in 2000 dollars) less for workers with DAFW injury and $1,152 less for workers with NDAFW injury compared to non-injured workers during a 10-year follow-up. Lost wages and disability following injury contributed to income loss for injured workers, but the loss was moderated by union membership. After controlling for confounders, income disparities persisted, but family wealth differences did not.”

One of the great and frustrating things about research is that more research always needs to be done to explore more results and confirm (or not confirm) the original study’s results, and that takes both research funding and time, which are both often in short supply. Regardless, there were a couple of points that were in the LexisNexis Legal Newsroom’s article by Roger Rabb that I found particularly useful.

“… Construction workers who are injured are more likely to suffer a more severe injury than a worker in another occupation who suffers an injury. Strangely, however, injured construction workers were less likely to file for workers’ compensation benefits than persons in other occupations, although they were slightly more likely to receive benefits if they did file a claim. Injured construction workers were also more likely to suffer lost wages, more likely to work less than full time or get laid off, and less likely to get assigned to a different job than injured workers in other occupations,” Rabb wrote.

In addition, these results won’t surprise people who know about workers’ compensation, but it is worth mention that Rabb noted that “the study also identified that differences in gender and education level impacted injury rates.”

As can be seen by the study results linked to above, the workers’ compensation system SHOULD and MUST do a better job to serve injured workers and their loved ones. Injured workers must be treated in a timely manner, and efforts should be made so they can either get back to work once they are healed, or, depending on the circumstance, adjust to their new normal (financial and otherwise). These efforts can best be improved through prompt and thorough treatment without roadblocks and denials by either the business or the insurance companies involved, so workers can eventually obtain retraining or figure out other ways to support themselves and their loved ones, and to move on with their lives in the best way possible.

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 Work Injury, Workers' Compensation, workplace accidents, Workplace Injury and tagged , , .

Workplace Death Benefit in Bill Should Be Expanded

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Omaha Sen. Health Mellow

Omaha Sen. Health Mellow

I was recently quoted in the Omaha World-Herald newspaper as a neutral testifier in the Nebraska Legislature regarding a bill being considered, LB 836.

As commentator Paul Harvey used to say, now here’s “the rest of the story.”

LB 836 is a bill sponsored by Omaha Sen. Health Mellow that “would provide a one-time $50,000 death benefit to the family of a law enforcement officer, firefighter or correctional officer killed during a violent or accidental incident while working,” according to the World-Herald article.

This bill should be passed to help first responders and I am glad that it would also cover volunteers in Nebraska, according to the World-Herald.

I have to ask: Why stop there? For many families, the on-the-job death of a loved one means so much tragedy, and LB 836 or another bill should be is introduced, passed, and be made into law to give a similar benefit to anyone who is killed on the job in the state of Nebraska. It’s an issue of inclusion. No one should be excluded from their loved ones having a bit more financial stability if the unthinkable happens on the job.

Sen. Mellow was quoted in the World-Herald saying that eight first responders in 16 years have been killed in the line of duty in Nebraska.

It is tragic and frustrating to hear about anyone killed at work, and one person dying is one too many. In this spirit, of the 4,679 fatal work injuries in 2014, 54 of them were in Nebraska, according to the U.S. Bureau of Labor Statistics Fatal Work Injuries in Nebraska – 2014 website.

The range of workplace fatalities varied from a high of 83 in 1994 to a low of 36 in 2005. In 2013, there were 39 deaths, and 48 people died at work in 2012, according to the U.S. Bureau of Labor Statistics websites.

It appears that over the last 10 years, according to a table in the 2014 BLS document, approximately 492 workers’ loved ones would have appreciated worrying less about finances when their loved one died as a result of the workplace.

I feel strongly that grieving survivors should receive a significant death benefit for every Nebraska worker who is killed on the job. Right now, the beneficiaries of employees who are killed at work get $10,000, which these days is not even enough for a funeral and burial. Usually this is the tip of the iceberg regarding unexpected costs that loved ones endure, in addition to a brutal and unanticipated grieving process, too.

The average number of deaths a year that I gave at the hearing was on the low end: 36, based on the number that occurred in 2005.

But know that each of those people who died in a workplace incident had someone who loved her or him and who relied on that person and misses them immensely. Kudos to Sen. Dave Bloomfield of Hoskins, who recognized that the grieving process is universal, according to the article in the Lincoln Journal Star. I stand by the quote that was in the Journal Star, and want to emphasize that first responders are important contributors to society, as are other workers who are killed each year on the job, including those who make such occupational choices as steel workers, road workers, and packing plant workers.

“I’ve had those guys fall off roofs and die and get crushed. They’re doing a hell of a community service. So are road workers. So are the packing plant workers who get chewed up and spit out like the hamburger they’re making.”

All of them are contributing to society. So I hope we can honor them and their survivors through increased death benefits legislation to show those contributions.

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 Government, Legislation, Worker safety, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , .

Tyson Foods’ Injury Incidents Examined Through OSHA Reports

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22-Hispanic-Poultry-Processor-on-LineAs I wrote in a previous blog post, OSHA has decided to make a 90-day regional emphasis on “high-hazard manufacturing industries” in Nebraska, Kansas and Missouri, which are three of the four states in what the Occupational Safety and Health Administrations calls Region 7.*

“The emphasis program focuses on manufacturing industries where injury and illness rates exceed the average for the private sector. Included are manufacturers of the following products: food, furniture, fabricated metal, nonmetallic mineral, machinery, and computer products as well as printing and related support activities,” according to the OSHA news release.

Sadly, this increased inspection effort may have been inspired by some injury incidents recently written about by in an article from the ScienceBlogs website “The Pump Handle: A Water Cooler for the Public Health Crowd” titled “Amputations about at Tyson Foods, OSHA records shed more light on industrial food production.”

Writer Celeste Monforton, who has master’s and doctorate degrees in public health, made a Freedom of Information Act (FOIA) request regarding the federal OSHA regulation that “requires employers to report within 24 hours any work-related incident that results in an amputation or hospitalization,” according to her article. The request asked for data from Tyson Foods, which “has more than 400 facilities in 30 U.S. states, and it processes 35 million chickens, 400,000 hogs, and 128,000 cattle per week.”#

In a nine-month period, from Jan. 1 through Sept. 30, 2015, Monforton discovered 34 reports by Tyson of amputations or hospitalizations.

“The hospitalizations included a worker at the company’s facility in Rogers, AR (Arkansas) who fell 32 feet off of a roof, and a worker in Holcomb, KS (Kansas) who broke his leg while learning to operate a forklift.”

She goes on to write that 17 of 34 incidents were amputations – in a 9-month period – not even over a whole year. The article has a tragic and sobering table that summarizes the amputations, and it is worth clicking to the article to take a look at the table because it includes the month, body part, equipment or tool in use, product (type of plant), city and state involved in each incident.

Here’s a summary of her list that focuses specifically on Nebraska, Missouri and Kansas, where eight of the 17 amputations occurred.

There were four amputations in the Nebraska plants of Lexington (fingertip; and tips of middle and index fingers using band saws in the beef plant), Omaha (ring, index and pinky fingers using the skinner in the poultry plant) and Dakota City (thumb using the sprocket in the pork plant). There were three amputations in the Missouri plants of St. Joseph (both hands using the auger), Monnet (distal portion third finger using the impeller in the poultry plant), and Sedalia (middle finger to first knuckle on the cone line in the poultry plant). The Kansas amputation was in the Emporia beef plant, when the skinner was being used and the end and outside part of a thumb were amputated.

These incidents (and the Kansas forklift-training one mentioned above) may explain OSHA’s new regional emphasis, as Tyson’s meatpacking plants should definitely count as “high-hazard manufacturing industries,” in my opinion.

Though the reports are brutal and tragic, I hope that Monforton completes more FOIA requests to OSHA to track trends, because each of these injury incidents greatly affected someone and their loved ones, whether their lives were changed temporarily or permanently, such as the worker whose hands were amputated in Missouri.

Meanwhile, though I realize it doesn’t cover the same dates as Monforton’s article, Tyson recently released earnings of “record results” for the first quarter of fiscal year 2016, which ended on Jan. 2 of this year, according to the link above.

“‘Fiscal 2016 is off to a very strong start in what we expect to be another record year,’ said Donnie Smith, president and chief executive officer of Tyson Foods. ‘Solid execution across the entire team resulted in record earnings, record operating income, record margins and record cash flows. We captured $121 million in total synergies for the quarter, with $61 million incremental to fiscal first quarter 2015.

“‘Our on-going efforts to invest in and grow our Core 9 product lines are paying off as sales volume for the most recent four week period was up 4%. The Core 9 product lines represent our strongest brands, greatest pricing power and best category growth opportunities and are major contributors to volume and profitability in the retail channel,’ Smith said. The Core 9 is composed of nine retail product lines in the Tyson®, Jimmy Dean®, Hillshire Farm®, Ball Park®, State Fair® and Aidells® brands.”

Though unfortunately, the number of work-related injury incidents isn’t available for the first quarter above, it’s suspected that they’re not much different than any other three-month snapshot of all the Tyson plants. It is a certainty that you can draw your own conclusions about how Tyson values its workers, based on Monforton’s article. It’s worth noting that in a quarter where record profits were had for shareholders, it’s highly doubtful that it was an amputation-free quarter for all workers, based on past performance in Monforton’s article.

In conclusion, I wish the best for OSHA in its quest to focus on “high-hazard manufacturing industries.”

Here’s hoping that the resulting education efforts and inspections mean greater safety knowledge for workers and fewer life-changing incidents, like amputations, that adversely affect workers, their loved ones, and society as a whole.

*Note that Iowa is also in Region 7, but according to OSHA’s website, it’s one of the states that “operate their own OSHA-approved job safety and health programs and cover state and local government workers.” Because Iowa has a state program, I believe that’s why it’s not targeted in this regional emphasis.

#Note that Monforton’s FOIA “does not include information from the states that run their own OSHA program, 10 of which have Tyson operations,” according to the article she wrote that is linked to above.

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 Preventing Injury, Uncategorized, Workers' Compensation, workplace accidents, Workplace Injury, Workplace Safety and tagged , , , , , , , , , , , , , .

How Cold is Too Cold? Tips to Protect Outdoor Workers in the Winter

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Today’s post was shared by the U.S. Labor Department and comes from blog.dol.gov

The weather is unpredictable, to say the least, this winter. I would add the following professions to the list of workers who have potential for problems with the cold but are out in the cold on a regular basis: truck drivers, agricultural workers, and as the picture implies, utilities workers, though the list is not exhaustive. It is a certainty that there are workers who are risking themselves in the cold because they aren’t ready for the “polar vortex” mentioned in the post because the weather has been so up and down this winter.

The NWS Windchill Chart is especially helpful, since it shows the amount of time it takes for frostbite to set in under a variety of temperatures and wind speeds.

Even though this corner of the Great Plains appears to be warming up a bit in the next couple of days, a fairly impressive snowstorm – there’s an 80 percent chance of snow on Tuesday with estimated accumulations of 5 to 8 inches – may be coming. So keep this information handy, and be certain to take care when working outside or sending employees to work outside.

Please be sure your loved ones are protected from the elements, whether they are outside by choice or necessity, during the winter.

Remember that work injuries associated with the elements are also covered under most states workers’ compensation laws, so speak with an experienced lawyer about questions regarding a specific situation.

winter_workThe National Weather Service is warning much of the country about the polar vortex, an arctic air mass that is pushing much of the eastern and central U.S. down to record cold temperatures.

During this wave, workers are at increased risk of cold stress. Increased wind speeds can cause the air temperature to feel even colder, further increasing the risk of cold stress of those working outdoors, such as:

  • Snow cleanup crews
  • Construction workers
  • Recreational workers
  • Postal workers
  • Police officers
  • Firefighters
  • Miners
  • Baggage handlers
  • Landscapers
  • Support workers for oil and gas operations

When the body is unable to warm itself, cold-related stress may result in tissue damage and possibly death. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air, and contact with cold water or surfaces.

How cold is too cold?

A cold environment forces the body to work harder to maintain its temperature. Cold air, water and snow all draw heat from the body. The most common problems faced in the cold are hypothermia, frostbite, and trench foot.

wind chill chart

What preventive measures should I take?

Plan for work in cold weather. Wearing appropriate clothing and being aware of how your body is reacting to the cold are important to preventing cold stress. Avoiding alcohol, certain medications and smoking can also help minimize the risk.

Protective Clothing is the most important way to avoid cold stress. The type of fabric even makes a difference. Cotton loses its…

[Click here to see the rest of this post]

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 heart attack, Preventing Injury, Safety, Work Injury, Worker safety, Workplace Injury, Workplace Safety and tagged , , .

Will It Hurt My Workers’ Compensation Case to Get a Job?

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accommodations“Will getting a job hurt my case?”

I hear this question on a regular basis from my workers’ compensation clients. In my experience, the answer is almost always “no.” But if you do find alternate or part-time employment during your workers’ compensation case, you need to keep track of and disclose your earnings.

Why working when you are injured can help your case:

  1. Working helps your credibility with doctors and judges:
    Doctors and judges are the two most important people in your case, because the doctors drive the medical evidence and the judge weighs that evidence. Ultimately, those decisions come down to a doctor or judge’s determination of your character. A judge is going to give the benefit of the doubt to someone who is trying to help themselves. That’s also why complying with doctor’s orders and rehabilitation programs helps your credibility in court.
  2. Just because you’re working doesn’t mean that you are not significantly or even totally disabled:
    Maybe your company is bending over backward to keep you. Maybe a sibling or a parent has you working at their business. In situations like that, a court is going to understand you are earning wages beyond your real potential to earn wages. You may also be enduring tremendous amounts of pain to maintain employment. In cases like that, especially if you had a good employment record and complied with your doctor’s orders, the fact that you are working through pain could very well help your credibility.

How to hurt your case when you work:

  1. Not disclosing your wages and employment:
    This is especially true if you are working while receiving temporary disability benefits or unemployment benefits. This makes you look dishonest, and you might be committing fraud in many states. Additionally, once you are in the legal process, you normally have a duty to disclose that information to your employer/insurer anyway. Even if a judge believes that you inadvertently forgot to turn over this wage information, you are still making it more difficult for your attorney to win you benefits.
  2. Clearly working beyond your medical restrictions:
    Let’s say a doctor takes you off work as a nurse because you can’t lift more than 25 pounds and bend and twist on a regular basis, but you keep working as a CrossFit instructor, where you regularly do heavy lifting that involves bending and twisting. If you are that person, don’t call our law firm. Though employee fraud is a very small percentage of overall fraud, conduct like that would likely be workers’ compensation fraud. Again, working can help with your credibility in a workers’ compensation case, but being dishonest about that work can hurt your case.

If you have questions about specifics in your or a loved one’s workers’ compensation case, please contact an experienced workers’ compensation 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 Work Injury, Workers' Comp Basics, Workplace Injury and tagged , , , , .