Author Archives: Jon Rehm

Supreme Court holds state laws against drug price hosing not preempted by ERISA

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The Supreme Court ruled 8-0 that state laws regulating pharmacy benefit managers (PBMs) were not pre-empted by the federal Employee Retirement Income Security Act (ERISA). The substantive outcome and the reasoning on preemption could impact workers compensation issues like opioid prescription abuse and air ambulance charges.

Opioid use

Many states have introduced drug formularies or lists of approved drugs  to limit opioid use and abuse in workers’ compensation claims. Drug formularies are run by pharmacy benefit mangers or PBMs which make their money negotiating discounts between drug companies and drug dispensaries. Critics of PBMs argue that their business encourages higher drug prices so they can make more money on the supposed discount.

One Ohio workers’ compensation official stated that a PBM was “hosing” the state of Ohio with high costs in their drug formulary. The new Supreme Court decision could encourage states to adopt formularies in workers’ compensation without having to worry about unfair drug prices.

I emailed fellow workers compensation Jon blogger, Jon Gelman, that I was semi-pleasantly surprised about the decision on PBMs. My feeling that the federal rock of preemption will usually crush the state scissor of state workers’ compensation laws is a common feeling in the plaintiff’s bar. But Justice Sotomayor’s no-nonsense opinion in the Rutledge case, indicated that the supposedly broad pre-emptive effect of ERISA isn’t as broad as commonly believed.

Air ambulance charges

The Rutledge decision gives me some hope about another conflict between federal law and state workers’ compensation law – air ambulance billing. The issue with air ambulance billing poses the federal governments right to regulate air travel charges through the Airline Deregulation Act (ADA) against the right of a state to regulate insurance charges. The issue is important because of the high cost of air ambulances.

Federal and state courts have almost uniformly held that the federal law on air travel preempts state law on what air ambulance providers can charge. But the Supreme Court has used the preemption language in ERISA as a model for interpreting airline deregulation law.

The Supreme Court may soon take up the issue of whether state regulation of air ambulance charges is preempted by federal law. The air ambulance industry has filed an appeal with the Supreme Court asking to overturn a Texas state supreme court decision that held that state laws regulating air ambulance charges was not preempted by federal law. Since there is now a conflict between jurisdictions involving a large state like Texas, the Supreme Court may take up the issue.

One interesting fact about Texas workers’ compensation law is that they do not fee schedule air ambulance charges. The Texas Supreme Court used that fact to distinguish their decision from other decisions involving state laws that were preempted because of a fee schedule. Personally, I think if Texas won in the Supreme Court because of the fee schedule issue, that would be a hollow victory. I believe the use of fee schedules benefits workers because it keeps disputes between payors and medical providers out of court.

Mc Carran-Ferguson

Workers’ compensation laws are commonly regarded as insurance laws, so there is a strong argument that they should not be preempted under the McCarran- Ferguson Act. That law holds that insurance regulation is a state concern. McCarran-Ferguson is often referred to as “reverse preemption” law . A concurring opinion in the Texas Supreme Court air ambulance discussed McCarran-Ferguson in depth. However, the dissenting opinion in the case held that workers’ compensation was not a law regarding insurance but a law that regulates the relationship between the employee and employer. If the Supreme Court takes up the Texas appeal, it may answer the question of whether workers’ compensation is a law about insurance or the workplace relations? In doing so, it may jolt some long-held assumptions about workers’ compensation.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Sanitizing as light duty work for injured workers?

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Last month in a trial, I heard an HR manager testify about something I’ve only read about on workers’ compensation insurance blogs, sanitizing or wiping down surfaces to prevent COVID-19 as part of a light or alternate duty assignment for injured worker.

While wiping down surfaces surely doesn’t spread COVID, most public health officials in the United States and abroad discount the importance of wiping down surfaces in preventing the spread of COVID. COVID is primarily spread through aerosol droplets from activities like breathing, talking, sneezing, etc.

So why are some employers pushing cleaning and sanitizing as light duty or alternate duty?

One, light duty assignments are always a good way for employers to reduce workers’ compensation costs. This explains the rise of so-called “voluntold light duty” jobs where employers volunteer injured workers for community service jobs. But unlike “voluntold light duty” employers receive financial benefits for placing employees in sanitizing jobs. In order to be eligible for PPP assistance, businesses need to maintain 75 percent of their payroll. Sanitizing jobs help businesses meet that requirement.

I think making workers do meaningless work is just an arbitrary exercise of power by employers. But sanitizing jobs pose unique risk. Cleaning chemicals can be hazardous to touch and inhale. I represented an employee who had to go the ER after using a restroom that was filled with chemical vapors from cleaning agents. Excessive chemicals could worsen air quality for workers who aren’t involved in sanitizing work. Having inexperienced workers using chemical may pose risks to themselves and others.

Supporters of light duty assignments argue that employees are better off working light duty because they maintain the employment relationship. That’s true to the extent that benefits like health insurance depend on earning wages. But reliance on employers for health insurance benefits just reinforces how employers can force employees to return to work after a work injury.

But there are other problems with light-duty jobs like “sanitizing” or retail “greeting”. They are temporary jobs reserved for workers are still recovering from injuries. In practice, this excludes many workers. Employers with light duty work programs tend to be high injury employers. High injury employers tend to be either self-insured or have high deductible insurance. As such, high injury employers want to press employees to reach maximum medical improvement or MMI as soon as possible. Hence the use of nurse case managers, occupational medicine clinics and paid examiners to push injured workers back to work whether they are ready or not.

But as soon as an employee is deemed to reach MMI, they are ineligible for light duty jobs like sanitizer or greeter. This leaves many workers in a kind of purgatory where they are still effectively unable to work  but technically employed without receiving wages or benefits.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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In with the new for 2021 in Nebraska workers comp.

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The New Year usually means an adjustment to some benefit rates in the Nebraska workers’ compensation court. 2021 will be no different eventhough 2020 was an very unusual year.

Maximum benefit rate increased to $914 per week. This is a $32 increase from 2020 and a larger percentage increase from 2019 to 2020. I’m glad my concerns about the recession leading the Governor to move not to increase the maximum rate were unfounded.

Workers compensation benefits are 2/3rd of average weekly wage, so $914 per week works out to $1371 per week or $71,292 annually. If you are fortunate enough to make more than that amount, by law, you will be underpaid workers’ compensation benefits. Actually, workers’ compensation laws don’t account for overtime premium, you can also be underpaid workers’ compensation benefits if you earn less than $71,292 but earn substantial  amounts of overtime.

Mileage reimbursement drops a half cent from $.58 per mile to $.575 per mile. This rate mirrors IRS reimbursement rate. The decline in the reimbursement rate can be explained by a decrease in gas prices. The mileage rate may seem like small potatoes, but it’s important in rural Nebraska where injured workers often need to travel long distances to seek specialized care.

Some major rural employers use the fact that some specialty providers have satellite clinics in small towns to argue they shouldn’t have to pay mileage benefits for employees who travel outside of small towns for specialty care. I think the failure to pay mileage is a way interfere with the right of an employee to chose their own doctor.

Discount rate stays at 5 percent – The discount rate on adjudicated permanent total disability awards remains at 5 percent. This means if a worker wants to reduce their lifetime award of permanent total disability benefits to a lump sum, they must use the 5 percent number under state law. Of course at settlement insurance companies use a higher discount rate which reduces lump sum payment. But in actuality, because of historically low interest rates, a discount rate lower than 5 percent should be used. A lower discount rate would result in higher lump sum settlements.

Reported injury rates continue to decline – The Nebraska Workers Compensation Court reported that reported injuries, as filings of First Reports of Injury, declined to 34,385 in the fiscal year ending on July 1, 2020. This continues a long standing decline in reported injuries. This could mean that working conditions are growing safer and or that the workers who are getting hurt  are increasingly not covered by workers’ compensation. The increase in safety in manufacturing and the rise of the gig economy could support both conclusions.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Questions over PUA or UI eligibility add to delays in unemployment benefits

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Even if Congress and the President agree on a bill that extends unemployment benefits, millions of workers who are eligible for unemployment benefits aren’t receiving benefits due to administrative logjams at state labor departments administering unemployment insurance programs.

I want to untangle one particularly ugly thread of the ghastly tapestry of the failure of our social insurance programs during the pandemic: how worker misclassification has complicated the paying of unemployment benefits.

Contractors and gig workers who lost their job during the pandemic can apply for Pandemic Unemployment Assistance (PUA). Typically, independent contractors aren’t eligible for unemployment insurance (UI), but the CARES Act made these workers eligible for unemployment benefits through PUA. Gig economy companies like Uber pushed for separate benefits for their drivers who are classified as contractors rather than employees.

Tax reform legislation in 2017 encouraged workers to self-classify as contractors, so when it came down to applying for unemployment many self-defined contractors went the PUA route rather than applying for traditional unemployment insurance.

But, a state labor department may look at a self-defined contractor and decide the individual is an employee, which means that they should apply for traditional unemployment insurance instead. In practice this has meant workers have applied for PUA only to be told they need to apply for UI. Some workers who apply for UI are told they need to apply for PUA.

From a legal and academic point of view, I would agree that most workers classified as contractors are probably employees. But if you are waiting on benefits to pay for food and shelter, who cares where the money comes from PUA or traditional unemployment so long as you get the money. Forcing state labor departments, often staffed by overworked and/or undertrained claims examiners, to decide on how to classify workers just adds more delay to an already backlogged unemployment insurance claims process.

PUA was pushed by firms like Uber to provide some benefits for their workers who the company classifies as contractors. Five years ago,  a think tank aligned with the corporate wing of the Democratic Party held a symposium about how to provide some benefits for gig workers without making gig companies pay for full employee benefits. PUA would be the first mass effort to provide benefits to contractors.

Critics of this so-called “Third Way” approach were vindicated. But unfortunately the critics corporate Democrats being right means millions of people are suffering. Former National Labor Relations Board Member and AFL-CIO General Counsel Craig Becker pointed out in 2015, that the more classifications you have for workers the more litigation and uncertainty you have about legal obligations. That uncertainty is likely playing out within state labor departments weighing whether workers are eligible for PUA or UI.

That uncertainty leads to delay which means unemployed workers go without unemployment benefits – and families go without food and shelter in the winter during a pandemic.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Pandemic accelerates new risks for retail workers

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Foot traffic in bricks and mortar stores has plummeted this holiday season as shoppers stay out of stores while COVID-19 cases soar and economic pain lingers for many. But online shopping broke new records over the Thanksgiving holiday weekend.

While an increase in online shopping and decrease in in-person shopping may mean the end of dubious holiday traditions like “Black Friday Brawls”, retail work could continue to be more dangerous and risky for workers.

Even before the COVID-19 pandemic hit, injury rates in retailing surpassed manufacturing starting in 2018.  I’ve written before that the rise of online retailing and automation has decreased retail clerk jobs and increased the number of delivery and fulfillment or warehouse type workers. This trend would lead to increased injuries.

The increase in online shopping has also coincided with the “gig economy.” Whereas online shopping is driven by technology, the gig economy is enabled by technology and political decision to deny gig workers basic employment protections. I’ve picked on Amazon in the past, but even Target has gotten in on the misclassification gig. Target contracts its delivery workers through Shipt who classifies their workers as contractors ineligible for benefits. Contractors for Amazon and Target perform the same work that is done by employees at other companies.

The pandemic accelerated these trends in retail employment. But the acceleration of online shopping has revealed some new risks to workplace safety. The Hy-Vee store by our Lincoln office has moved online pick up to the south edge of the parking lot to accommodate the increase in online order pick-ups. Online pick-ups could previously be made right by the store.

So in order for workers to deliver groceries for pickup at the new store, employees need to move items across parking lot traffic, then uphill into a temporary storage space for pick and then come back across the parking lot into the store. I think arrangement is going to create problems in cold and wet weather as well as creating hazards during darkness.

I am not singling out Hy-Vee, I assume other bricks and mortar stores are making similar adjustments. All institutions have been forced to improvise during the pandemic. But if improvisation comes at the expense of workplace safety, at the very least workers should have basic employment protections. Ideally workers should have unions to have a voice in workplace safety during the pandemic and beyond.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Your rights when COVID vaccinations go wrong

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Good news ! (For once)

Unless you’ve been hiding under a rock, you know there is a COVID-19 vaccine. But what happens if something goes wrong with the vaccination and or if something goes wrong with the vaccination if you are required to be vaccinated for your job?

Countermeasures Injury Compensation Program (CICP)

Negative reactions to the COVID-19 vaccine can be compensated through the Countermeasures Injury Compensation Program (CICP) The CICP is administered through the Health Resources and Services Administration. You can find out about the claims process here.

The CICP is similar to, but separate from, the National Injury Vaccine Injury Compensation (VICP) fund, which pays individuals on a no-fault basis for adverse reactions to some vaccines.

Workers compensation and COVID-19 vaccinations.

So, would an injury from a work-mandated COVID-19 vaccination be covered by workers’ compensation? I believe so. Workers compensation covers injury arising out of an in the course and scope of employment.  If you get hurt doing something ordered by your employer, you are likely covered by workers’ compensation unless you are substantially deviating from your job duties.

So a worker who has an adverse reaction to a COVID-19 vaccine or another type of vaccine would have two claims – a workers compensation claim and a claim against a vaccine fund. Typically if a third-party is responsible for a work injury, workers compensation can claim some right of repayment called subrogation.

However, I am not sure if workers compensation subrogation would apply to compensation paid out under a no-fault vaccination program. Todd Bennett and I discussed this around the coffee machine on Friday morning. Nebraska’s subrogation statutes seem to envision a situation where an employee files a traditional negligence case for a work injury. My guess is that workers compensation would likely claim a subrogation right against settlements from a vaccine fund, but that an injured worker – or their lawyers — should be able to push back against any repayment claims by a workers’ compensation insurer.

Botched injection injuries

I’ve never had a case involving a vaccine reaction. But I have had workers’ compensation cases involving botched injection that lead to muscle and joint injuries. Again those are workers’ compensation cases. I would expect a fair number of those types of injuries as public health authorities rush to vaccinate millions as quickly as possible. There may also be a negligence or malpractice case against the provider of the vaccinations.

The handling of the pandemic doesn’t engender much confidence in how corporate America and government officials will handle the mass vaccinations required to end the pandemic. People need to know their rights and exercise those rights if and when vaccinations go wrong.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Sacrificing essential workers in the name of “bipartisanship”

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Last week daily COVID-19 related deaths reached a daily rate equal to the September 11th terror attacks. Weekly unemployment claims remained higher than during the 2008-2010 recession. But never fear, a group of bi-partisan group of federal legislators came up with a solution:

Protecting corporations from lawsuits related to COVID-19.

The liability protections were part of a “super-skinny” relief package put together by the so-called “Problem Solvers Caucus” and supported by Democratic congressional leaders.

University of Wyoming Law Professor Michael Duff wrote a much better version of the blog post that was rattling around in my head on treadmill on Thursday morning. I’ve written plenty about how workers’ compensation is an inadequate remedy for COVID-19, but that it blocks efforts for workers to seek justice outside of workers’ compensation.

Duff’s points out tht more workers, particularly in the gig economy, are denied even basic employment protects workers compensation. Liability protections would take away the right of contractors or gig workers to sue for catching COVID due to corporate negligence. Duff called the proposal “treacherous” and “not civilizational.” In the final paragraph he more or less states the liability provision creates a constitutional crisis.

I agree with Professor Duff.

The constitutional crisis is that Congress wants to strip rights from essential workers. Sure, the legislation only calls for a liability shield for six months, but how easy would it before Congress to extend the shield once it’s implemented?

Maybe this sounds like a paranoid slippery-slope argument, but one of the raps on outgoing President Trump was that he violated norms with his behavior and conduct which undermined the Constitutional order. I think that that’s true. Norms were supposed to be respected with the election of Joe Biden and the return of “the adults in the room.” A bi-partisan group of self-proclaimed problem solvers defines what it means to be “the adults in the room.” Turns out the “adults in the room” don’t really respect norms either. The norm in this case is the basic ability of a person to have some access to the court system to address harm

The poor behavior of the “adults in the room” is dispiriting to say the least. Advertisers and politicians have extolled the “essential worker” throughout the pandemic. In some states, New Jersey as an example, that talk has turned into helpful action for essential workers. But hearing politicians who vote for COVID-19 liability shields celebrate essential workers rings hollow.

The fact that tort reform is part of a take or leave it deal, where the consequences of leaving it will be millions of people slipping into destitution is disturbing.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Higher out of pocket costs in disputed comp. claims other COVID workers comp(lications)

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I had an awful realization summarizing medical bills in preparation for a workers’ compensation trial; injured workers who aren’t exposed to COVID-19 are in for a nasty surprise due to the resurgent pandemic: having to pay deductible in denied or disputes workers’ compensation.

Due to the COVID-19, many hospitals in Nebraska are delaying non-urgent surgeries because of lack of space in hospitals. Often times orthopedic injuries which are the most common workers’ compensation injuries are deemed to be non-urgent.

Of course, if workers’ compensation cases are accepted a worker doesn’t have to worry about medical expenses. However, many workers compensation case are disputed. In disputed case, many workers fortunate enough to still have health insurance pay for surgeries with private health insurance.

But private insurance requires you to burn through a deductible in order to have insurance start paying benefits. Your typical white-collar weekend warrior or Crossfit mom typically waits until the year to have surgeries as they don’t have to pay the deductible because it was spent down through out the year

But because of delays in non-urgent surgeries, more injured workers paying for surgeries in disputed workers compensation cases with private insurance will need to pay deductibles for procedures delayed into 2021.

So what options do workers have in this situation?

The first option is to get a lawyer and file a workers’ compensation lawsuit if you haven’t done so already. This may seem self-serving, but under Nebraska law, if a medical bill is related to a workers’ compensation claim a provider must delay collections efforts until the case resolves. (Of course, if you need a surgery and] your employer or their workers compensation insurer is denying medical care, you should get a lawyer even if you don’t have to pay a deductible)

Other problems with COVID delays

Higher out of pocket medical costs aren’t the only hitch for injured workers due to surgical delays to due to COVID-19. Workers who need to miss work due to a medical condition only have 12 weeks of job protected leave under the Family Medical Leave Act. (FMLA) Delays in surgery due to COVID may prolong treatment and return to work beyond 12 weeks.

Earlier in the pandemic, I thought the silver lining of medical delays could mean more temporary total disability (TTD) for injured workers waiting for medical treatment. I still think that could be true, but I can also see employers being more aggressive in return to work or voluntold community service light duty work to get around paying lost income benefits. Voluntold light duty assignments are full of pitfalls for injured workers

The offices of Rehm, Bennett, Moore & Rehm, 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.

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