Author Archives: Todd Bennett

Daylight Savings: Suggestions to help workers adapt to the time change

Posted on by

Today’s blog post comes from the Centers for Disease Control and Prevention’s NIOSH Science Blog, via Jon Gelman of Jon L. Gelman, L.L.C., who is a respected advocate for injured workers in New Jersey.

Daylight saving time has many concerns that come along with the “springing ahead” of the clocks. In addition to the added challenge of being on time to commitments on Sunday and also on time to work on Monday and throughout that week, there are some very real safety concerns that have to do with the time change.

“It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrison, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall,” according to the original article from the CDC’s NIOSH Science Blog.

In addition, a source from this blog post that ran last year, argues that adjusting to the time change can actually take people up to three weeks to recover, and night owls are on the longer end of that spectrum. Also, those who sleep fewer hours – seven or less per day – will struggle more with time changes, according to the CDC’s article, which is linked to above.

Finally, as mentioned on social media during the last Trucker Tuesday posts, you never know what the person next to you is doing or how he or she has been sleeping, so truck drivers and people on the road should take extra care to have safety and defensive driving in mind, especially this week.

“Remind workers to be especially vigilant while driving, at work, and at home to protect themselves since others around them may be sleepier and at risk for making an error that can cause a vehicle crash or other accident,” according to the CDC.

Finally, I would urge you to both have fun and take it easy until your body is used to the perception of an increase in the daylight hours, which brings more time to work and do outside things that mean the arrival of spring! Take care.

DaylightSavingsTimeWeb

Spring forward Fall back.

We all know the saying to help us remember to adjust our clocks for the daylight savings time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change? A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

By moving the clocks ahead one hour in the Spring, we lose one hour which shifts work times and other scheduled events one hour earlier. This pushes most people to have a one hour earlier bedtime and wake up time. In the Fall, time moves back one hour. We gain one hour which shifts work times and other scheduled events one hour later thereby pushing most people to have a one hour later bedtime and wake up time.

It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrision, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall.

The reason for these…

[Click here to see the rest of this post]

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.

This entry was posted in Uncategorized.

Daylight Savings: Suggestions to help workers adapt to the time change

Posted on by

Today’s blog post comes from the Centers for Disease Control and Prevention’s NIOSH Science Blog, via Jon Gelman of Jon L. Gelman, L.L.C., who is a respected advocate for injured workers in New Jersey.

Daylight saving time has many concerns that come along with the “springing ahead” of the clocks. In addition to the added challenge of being on time to commitments on Sunday and also on time to work on Monday and throughout that week, there are some very real safety concerns that have to do with the time change.

“It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrison, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall,” according to the original article from the CDC’s NIOSH Science Blog.

In addition, a source from this blog post that ran last year, argues that adjusting to the time change can actually take people up to three weeks to recover, and night owls are on the longer end of that spectrum. Also, those who sleep fewer hours – seven or less per day – will struggle more with time changes, according to the CDC’s article, which is linked to above.

Finally, as mentioned on social media during the last Trucker Tuesday posts, you never know what the person next to you is doing or how he or she has been sleeping, so truck drivers and people on the road should take extra care to have safety and defensive driving in mind, especially this week.

“Remind workers to be especially vigilant while driving, at work, and at home to protect themselves since others around them may be sleepier and at risk for making an error that can cause a vehicle crash or other accident,” according to the CDC.

Finally, I would urge you to both have fun and take it easy until your body is used to the perception of an increase in the daylight hours, which brings more time to work and do outside things that mean the arrival of spring! Take care.

DaylightSavingsTimeWeb

Spring forward Fall back.

We all know the saying to help us remember to adjust our clocks for the daylight savings time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change? A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

By moving the clocks ahead one hour in the Spring, we lose one hour which shifts work times and other scheduled events one hour earlier. This pushes most people to have a one hour earlier bedtime and wake up time. In the Fall, time moves back one hour. We gain one hour which shifts work times and other scheduled events one hour later thereby pushing most people to have a one hour later bedtime and wake up time.

It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrision, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall.

The reason for these…

[Click here to see the rest of this post]

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.

This entry was posted in Uncategorized.

Daylight Saving: Suggestions to help workers adapt to the time change

Posted on by

Today’s blog post comes from the Centers for Disease Control and Prevention’s NIOSH Science Blog, via Jon Gelman of Jon L. Gelman, L.L.C., who is a respected advocate for injured workers in New Jersey.

Daylight saving time has many concerns that come along with the “springing ahead” of the clocks. In addition to the added challenge of being on time to commitments on Sunday and also on time to work on Monday and throughout that week, there are some very real safety concerns that have to do with the time change.

“It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrison, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall,” according to the original article from the CDC’s NIOSH Science Blog.

In addition, a source from this blog post that ran last year, argues that adjusting to the time change can actually take people up to three weeks to recover, and night owls are on the longer end of that spectrum. Also, those who sleep fewer hours – seven or less per day – will struggle more with time changes, according to the CDC’s article, which is linked to above.

Finally, as mentioned on social media during the last Trucker Tuesday posts, you never know what the person next to you is doing or how he or she has been sleeping, so truck drivers and people on the road should take extra care to have safety and defensive driving in mind, especially this week.

“Remind workers to be especially vigilant while driving, at work, and at home to protect themselves since others around them may be sleepier and at risk for making an error that can cause a vehicle crash or other accident,” according to the CDC.

Finally, I would urge you to both have fun and take it easy until your body is used to the perception of an increase in the daylight hours, which brings more time to work and do outside things that mean the arrival of spring! Take care.

DaylightSavingsTimeWeb

Spring forward Fall back.

We all know the saying to help us remember to adjust our clocks for the daylight savings time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change? A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

By moving the clocks ahead one hour in the Spring, we lose one hour which shifts work times and other scheduled events one hour earlier. This pushes most people to have a one hour earlier bedtime and wake up time. In the Fall, time moves back one hour. We gain one hour which shifts work times and other scheduled events one hour later thereby pushing most people to have a one hour later bedtime and wake up time.

It can take about one week for the body to adjust the new times for sleeping, eating, and activity (Harrision, 2013). Until they have adjusted, people can have trouble falling asleep, staying asleep, and waking up at the right time. This can lead to sleep deprivation and reduction in performance, increasing the risk for mistakes including vehicle crashes. Workers can experience somewhat higher risks to both their health and safety after the time changes (Harrison, 2013). A study by Kirchberger and colleagues (2015) reported men and persons with heart disease may be at higher risk for a heart attack during the week after the time changes in the Spring and Fall.

The reason for these…

[Click here to see the rest of this post]

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.

This entry was posted in Uncategorized.

Workers’ Compensation for Occupational Disease Differs between Nebraska, Iowa

Posted on by

chimney sweepWorkers’ compensation is designed to cover occupational diseases, whether they are chemically induced or triggered by one’s job over the course of time. The difficulty in dealing with these occupational exposures as they relates to workers’ compensation claims and benefits is inherently in the diseases themselves. In most cases, the disease conditions do not develop until years later.

Such occupational diseases include, but are not limited to, the following. The information below also includes the time it may take to develop these diseases, according to this article from The Center for Public Integrity:

“Mesothelioma, a cancer triggered by asbestos: Typically 30 years or more

“Bladder cancer, associated with coal tar, metalworking fluids and other workplace hazards: Typically 15 to 40 years

“Lung cancer, linked to chromium, nickel, asbestos and other workplace hazards: Typically 10 to 30 years

“Asbestosis, an asbestos-caused scarring of the lungs: Typically 10 to 20 years

“Silicosis, a lung disease triggered by silica dust: Typically 10 years or more

“Parkinson’s syndrome, associated with pesticides, trichloroethylene, manganese and other workplace hazards: Unclear latency period, but while it can come on quickly, the lag time is likely more than a decade; average age of onset is 60”

Others: “… Trichloroethylene is a known human carcinogen; methylene chloride is considered a likely cancer-causing agent. Trichloroethylene in particular is associated with a variety of ailments — Parkinson’s, liver and other cancers, neurological problems and kidney damage among them.”

Workers have to suspect they were exposed to such things at work and ultimately need to demonstrate the exposure they encountered and have medical evidence supporting the relationship between the exposure and the disease they suffer from. Usually, one must show the work exposure was more likely than not to blame as opposed to all possible outside causes.

However, workers face deadlines to filing a claim for occupational diseases based on the amount of time elapsed since the last exposure to the hazard. Nebraska typically favors that such deadlines don’t begin to run until workers know or should have known that they have an occupational disease that is related to an exposure where they worked. This is typically known as a latent and progressive claim.

Unfortunately, Iowa is not one of the states favorable to exposed workers, according to The Center for Public Integrity article.

“If workers there do not become disabled or die within one year of the last ‘injurious’ exposure, or three years if the hazard causes one of the lung diseases categorized as pneumoconiosis, they’re out of luck.” There are some rare exceptions involving “radiation, in which case workers are allowed to actually find out that they have a disabling occupational illness before the clock starts ticking.

“Paul J. McAndrew Jr., an Iowa lawyer who has represented employees in workers’ compensation cases for 25 years, called the state’s deadline rule ‘a patent injustice’ that requires him to tell very sick people that they have no legal remedy against their former employer.”

If you or a loved one believe or are suspected to be suffering from an occupational exposure disease, please contact an experienced attorney.

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.

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

It’s Harvest Time: How Farming and Workers’ Compensation Intersect in Nebraska

Posted on by

"So God Made A Farmer" -Paul Harvey

“So God Made A Farmer.”

-Paul Harvey

As the harvest season approaches, Nebraskans should be reminded that farming and agricultural operations are a dangerous business!

There are approximately 3.1 million men and women who work on America’s 2.3 million farms and ranches. According to Accident Facts published from 1990 through 2004 by the National Safety Council, farm accidents and other work-related health problems claim as many as 1,300 lives and cause 120,000 injuries a year, most of which are preventable. 

As A General Rule:

Employers of farm or ranch laborers are generally exempt from the provisions of the Nebraska Worker’s Compensation Act, and farm or ranch laborers injured while employed by someone operating a farm or ranch are not entitled to receive any of the benefits under the Nebraska Worker’s Compensation Act.

However, that is not the end of the discussion. There are exceptions that you must be aware of that can indeed bring a farm and ranch hand under the protections of the Workers’ Compensation Act.

Every farm or agriculture operation, that is not required to provide workers’ compensation coverage to its unrelated employees, shall give all unrelated employees at the time of hiring (or more than 30 days prior to the time of injury) the following written notice which shall be signed by the unrelated employee and retained by the farm or agriculture operation employer and can be found here in statute:

“In this employment you will not be covered by the Nebraska Worker’s Compensation Act and you will not be compensated under the act if you are injured on the job or suffer an occupational disease. You should plan accordingly.”

If A Farming Operation Failed To Provide Notice – Then What?

If the above-required notice was not given to all unrelated employees, signed by them, and retained by the employer, then, in Nebraska, when work is performed by a worker when performed for an employer who is engaged in an agricultural operation and farming and that employer employs 10 or more unrelated, full-time employees, whether in one or more locations, then all unrelated employees shall be covered under the Nebraska Worker’s Compensation Act.

As a result, for every farm or agricultural operation that fails, neglects, or refuses to comply with providing and retaining proof of the required notice, then this farm or agricultural employer shall be required to respond in damages to an employee for personal injuries, or when personal injuries result in the death of an employee, then to his or her dependents.  

So The Farming Operation Doesn’t Have Workers’ Compensation Coverage? 

 “If an employer subject to the Act fails to carry workers’ compensation insurance or an acceptable alternative, then the Act is no longer the employee’s exclusive remedy. Instead, the employee can elect to either proceed under the Act and recover the statutorily set benefits or seek to recover damages in a common-law action against the employer.”

Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923)

Defendant is Deprived of Important Defenses

Under §48-103 of the Workers’ Compensation Act, Defendants are statutorily denied three affirmative defenses due to their lack of workers’ compensation coverage: “If an employer, as defined in § 48-106, does not carry a policy of workers’ compensation insurance … he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury or death of an employee.” Neb. Rev. Stat. §48-103 (2006) (emphasis added). 

Section 48-102 provides:

“In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence of a fellow employee; or (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.”

So, if you, or a loved one, are injured while working for a farm, farmer, agricultural operation, ranch, etc., you may be entitled to the all-important state protections of workers’ compensation benefits, but you may also have a right to file in District Court to pursue common-law damages and pain and suffering. If this is the case, seek the advice of a knowledgeable attorney to help you determine your rights.

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.

This entry was posted in employment law, Workers' Compensation, Workplace Injury and tagged , , .

Workers’ Compensation Basics: Understanding the Injured Worker’s Right to Medical Care

Posted on by

choose-a-family-doctorHere’s the next installment in the series that looks at the basics of workers’ compensation.

Under the Nebraska workers’ compensation laws, you may have the right to choose a family doctor to treat you for your work-related injury.

You may choose a doctor who has treated you or an immediate family member before this injury happened.

Immediate family members are your spouse, children, parents, stepchildren and stepparents. The doctor you choose must have records to show that past treatment was provided.

If you want to choose your doctor, you must tell your employer the name of the doctor you choose.  You need to do this as soon as is practical after the accident or as soon as your employer gives you the notice of the right to choose your family physician to treat you for your work injury form.

If you are in need of immediate medical attention and or emergency medical care, you have the right to obtain care immediately.

If you, or your family, do not have a family physician, then your employer has the right to choose the doctor to treat you.

However, if your workers’ compensation claim is denied for any reason, you have the right to choose any doctor to treat you for your injury.

Any time you are faced with a major surgery recommendation for your injury, you have the right to choose the surgeon to do the surgery.  You can choose any surgeon.

If you have any questions about your medical rights please feel free to contact us.

Read the previous blog posts in the workers’ compensation basics series by clicking on these links:

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.

This entry was posted in Doctor, Doctor Choice, Nebraska, Workers' Comp Basics, Workers' Compensation and tagged , , , .

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

Posted on by

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 & 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.

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

State Laws Determine Worker’s Rights: Work Comp Benefits, Process Vary by State

Posted on by

Many workers are hired in one state but are required to attend orientation or participate in a hiring process in another state because their potential employer is principally located and doing business there. Once they are hired and accept the job, they are then required to work in another state for various reasons. In these situations, many workers do not realize that a different state’s laws could apply to their workers’ compensation claim if they are injured in a state that is

  1. different from where they were hired,
  2. different than where they accepted the job,
  3. different from where their employer is principally located or performing work, or
  4. even different than where they currently live. 

If you have been injured in another state, you may be eligible to have your workers’ compensation benefits determined by another state’s laws. This is important, as the benefits you could be entitled to are different in every state. In certain respects, the differences are significant in terms of the amount of weekly benefits, permanent benefits, or type and duration of medical care you may be able to receive.

The right to choose your family physician to treat you for your injury or the amount and duration of the disability benefits you may be entitled to are significantly different in every state. Let’s consider a few pairs of cities:

  • Omaha, Nebraska & Council Bluffs, Iowa
  • Sioux City, Nebraska & Sioux City, Iowa
  • Nebraska City, Nebrsaka & Harlan, Iowa

These cities in different in Iowa and Nebraska border each other, and a great number of residents from one are employed and work in the other. If you are injured in one state but live in another, and depending on where you were hired or where you were when you accepted the employment, you may have a Nebraska or Iowa workers’ compensation claim, or even both. 

Nebraska

If your employment or your accident has any ties to the state of Nebraska, your employer is required to file a First Report of Injury with the Nebraska Workers’ Compensation Court. When this occurs, it is common for the Nebraska Workers’ Compensation Court to actually mail you a copy of your own First Report of Injury that was filed with the court by your employer. Just because a First Report of Injury was filed in Nebraska and just because the Nebraska Workers’ Compensation Court sends you a copy does not mean you are limited to Nebraska for the benefits that you may be entitled to. 

Iowa

It is also normal for an insurance carrier of the employer to mail you a letter that says, “Your employment agreement, whether in writing or made in person, required your accident to fall under Iowa law,” or some other state’s law. Generally, no one has the right to decide for you which state your case can be determined in. It is a question of each state’s laws that determine where your claim can be processed.

Nebraska and Iowa

As a matter of general practice, if your accident occurred in that state, your claim and benefits can be determined based on that state’s laws. Other things like where your employer is principally located or where your employer regularly performs work can determine if you have a claim in each state. Further, your contract of hire or where you accepted the employment can also play a part, as well as where you were residing at the time of your accident in relation to where your employer was performing work, can also determine which state you may have a claim in. 

These things, as well as what type of benefits each state allow, could make it possible for you to file in both states.

Time Periods to File in Each State

Each state has a certain time period in which to file a claim or action in the compensation court. 

  • In Nebraska, you have two years from the date of accident OR two years from the date of any payment (weekly disability check, medical bill, mileage, prescription) in which to file an action in the compensation court. 
  • In Iowa, a person has two years from the date of accident OR three years from the date of payment of a weekly disability benefit check in which to file an action in the compensation court.  

Beware, however, that payment under one state’s laws may not save your claim in another state. For example, a payment under Iowa law will count toward a payment in Nebraska. However, a payment under Nebraska law will not count toward a payment under Iowa law.

Award, Order or Settlement Agreement for Benefits

It is important to note as well that an award, order or settlement can affect your right to file a claim in another state. 

For example, if one obtains a Court Award, Order or Settlement in Nebraska, this would prevent you from obtaining any benefits in Iowa, if you had the option of pursuing benefits in both states. 

On the other hand, if the same person obtained a Court Award, Order or Settlement in Iowa, a person could still pursue additional benefits in Nebraska that are different than what was provided in Iowa.

In both states, the insurance carrier would be entitled to a credit for what they paid in the other state, but you would still have the opportunity to pursue different and additional benefits in the other states, potentially.    

Summary

The differences in law issues are often very complex. Whatever your situation is, if you think there might be any question as to which state’s laws apply to your case, you should speak to an experienced attorney who can advise you about the laws in each applicable state.

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.

This entry was posted in Iowa, Nebraska, Workers' Compensation and tagged , , , , .