Category Archives: Iowa

Workers’ Compensation Benefits: Iowa vs. Nebraska Law

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The workers’ compensation benefits under Iowa law for permanent injuries are typically greater than those available under Nebraska law. As such, finding a way to bring a claim under Iowa law can be of primary importance if there is a potential jurisdictional issue between the two states.

Iowa Code 85.71 provides the framework for helping to resolve this issue. Put simply, an injury that occurs inside the borders of Iowa is most likely going to qualify to be brought under Iowa law. However, even injuries that occur outside the borders of Iowa can still be covered under Iowa law in certain common instances as detailed below:

1. The employer has a place of business in Iowa and:
       a. the employee regularly works at or from that location;
       b. the employee lives in the state of Iowa.

2. The employee is working under a contract of hire made in Iowa, and the employee regularly works in Iowa.

3. The employee is working under a contract of hire made in Iowa and sustains an injury for which no remedy is available under the workers’ compensation laws of another state.

4. The employer has a place of business in Iowa, and the employee is working under a contract of hire that provides that the employee’s workers’ compensation claims will be governed by Iowa law. 

An injured employee also needs to be careful about filing in a different state than Iowa. Under Iowa Code 85.72, the Iowa action will be stayed pending the resolution of that claim in another state. This means that the Court cannot take up any issues in Iowa while there is another pending legal action in another state concerning the same date of injury.

The difference in benefits between the two states can amount to tens of thousands of dollars. Additionally, there are a number of differences in the laws of the two states that can play a role in how the claim is handled, including the appropriate statute of limitations, which dictates how soon a claim must be filed in Court. As such, it’s important to contact an attorney licensed in Iowa and Nebraska to discuss these differences so we can help you decide which state’s law is better for you and to help you navigate the relative pitfalls in each 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 , , .

What’s the Connection Between Worker Safety, Employer Profit, and Voting?

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A recent newspaper article about a Nebraska lawyer fighting against imposing OSHA regulations on small businesses and farms that handle grain illustrates an age-old conflict between Worker (human) safety and Business (corporate) profit. The lawyer argued OSHA compliance is too expensive for small businesses and farms.

I couldn’t disagree more. From my point of view, worker safety is immeasurably more valuable to society than business profit. Human beings are the most important component of any activity, including business. Viewing safety as a cost ignores the cost to the human beings who are burned and maimed by grain explosions, whether they happen at a small business/farm or a huge corporate grain facility.

Farms in Nebraska and Iowa are not required to provide workers’ compensation for their employees. This is justified on the grounds that farms can’t survive such government intervention. I find this an interesting argument from businesses that have long received subsidies from the government. It seems that farm profits are more important than the human beings who do the work to earn those profits.

Our society needs more laws to protect human beings from injury and to compensate them if injured for the profit of others. Candidates for public office need to be asked what matters more to them: Is it human beings or profits that matter more?

Justice Louis Brandeis of the U.S. Supreme Court wrote long ago: “We must make our choice. We may have democracy, or we may have wealth concentrated in the hands of a few, but we can’t have both.”  

If we keep electing representatives who favor the concentrated wealth, then human beings will likely be protected less. These are scary times as the divide between the “haves” and “have nots” continues to grow. Ballots are the only way to tell our representatives that the health and welfare of human beings is paramount. Voting is essential, or we will see more and more concern for profit and less and less concern for human beings.

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, Workplace Safety and tagged , , , .

Remember Workers’ Memorial Day on April 28

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The writers of this blog spend a lot of time encouraging readers to reflect by thinking about the lives of others who are less fortunate, where each individual reader has been, and where they are headed. We often encourage advocates for workers’ rights and safety. This encouragement does sometimes come at the expense of business profits. But keeping workers safe is always the right thing to do.

Observing Workers’ Memorial Day on Monday, April 28, is one way to take the time to reflect, act as an advocate, and help workers and their loved ones. This AFL-CIO fact sheet included the thought-provoking quotation below, along with some specific points that encourage action.

“This year we will come together to call for good jobs in this country for all workers. We will seek stronger safeguards to prevent injuries and save lives. We will stand for the right of all workers to raise job safety concerns without fear of retaliation, and for the freedom to form unions and speak out and bargain for respect and a better future.”

By reflecting on the risks that all workers take and acting to promote safety, we think Workers’ Memorial Day will be even more successful. And most importantly, all of our loved ones will have safer workplaces.

There are many resources to access to find out more about Workers’ Memorial Day events near you. Today’s blog post was written a couple of weeks in advance of the events so people can plan ahead to attend.

Here are some links, along with the specific information for Nebraska and Iowa:

Iowa

Nebraska has three separate events available to the public this year. 

  • USMWF’s 5K Family Fun Run/Walk Fundraiser
    Sunday, April 27, 1:30 p.m., Registration Starts
    Holmes Lake Park, Lincoln
    via http://www.usmwf.org/NE5KRUN.htm to sign up, learn about fees, and get more details about the event
  • Nebraska’s 3rd Annual Safety Expo
    Monday, April 28, 8 a.m.-3:30 p.m.
    IBEW Local 265 Union Hall, 6200 S. 14th St., Lincoln
    Via http://www.usmwf.org/NE5KRUN.htm
    The event is free, but space is limited, and registration is required by printing out or emailing this form http://www.usmwf.org/safety_expo_form.pdf As of April 9, there were still spaces available to attend.
  • 5th Annual Workers’ Memorial Day Candlelight Vigil
    Monday, Apr. 28, 7 p.m.
    Nebraska State Capitol, Lincoln
    via http://www.usmwf.org/NE5KRUN.htm This event is also free, and no registration is needed.
    According to the Lancaster County Democratic Party, via email in 2013, “representatives from State, Federal, United Support Memorial for Workplace Fatalities (USMWF), Unions, Co-workers, Employers and the community come together and honor the men and women that have been injured or killed in a preventable work related incident.”

Please see the websites below for more general details about Workers’ Memorial Day: http://www.workermemorialday.org/WMD2014.htm  

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

Workers’ Compensation May Cover Weight Loss Treatment, Surgery

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Gastric bypass is one type of weight loss surgery

Obesity is a disease that affects Americans in many ways.

Workers’ compensation is affected by obesity as well. A work injury or disease, coupled with chronic obesity, frequently becomes much more difficult to deal with. The usual methods of treatment may not be possible for an injured worker living with chronic obesity. 

Thomas A. Robinson, a noted expert on workers’ compensation, recently posted a great discussion on obesity treatment. The well-written article discusses how various state workers’ compensation systems deal with these problems. The short answer is some states award benefits for treating obesity as part of the work injury, and some don’t. Nebraska and Iowa have cases denying gastric bypass surgery based on factual findings that it was not necessary to treat the work injury, but leaving to door open with more proof of medical necessity. 

Our firm has had at least one case where gastric bypass surgery was paid voluntarily when it was apparent the surgery was necessary to enable proper treatment of a serious work injury. A workers’ compensation trial award was entered in early January awarding gastric bypass surgery as necessary to reduce weight so a back surgery could be performed safely. This award reinforces that with proof of medical necessity to treat a work injury, weight loss treatment and surgery may be covered by workers’ compensation in Nebraska.

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 , , , , .

Workers’ Memorial Day Provides Time to Reflect, Act

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It seems like we spend a lot of time encouraging readers to reflect by thinking about their lives and the lives of others who are less fortunate. We also encourage folks to advocate for workers’ rights and safety. And yes, this encouragement does sometimes come at the expense of business profits.

One way to reflect, act and help workers is by observing Workers’ Memorial Day on Sunday, Apr. 28.

“Each and every day in this country, on average 13 workers die on the job as a result of workplace injuries – women and men who go to work, never to return home to their families and loved ones,” according to the AFL-CIO.

It seems especially bittersweet to us that the number of workers killed for one day of the year on average is so close to the number of workers killed at the West, Texas, fertilizer plant explosion. Although it seems the media is much more focused on other news, there is a strong grassroots effort to continue the coverage of the fertilizer plant explosion in Texas, especially to figure out what caused it.

By reflecting on the risks that all workers take and acting to promote safety, Workers’ Memorial Day will be even more successful. And most importantly, all of our loved ones will have safer workplaces.

There are many resources to access to find out more about Workers’ Memorial Day events near you. Here are some links, along with the specific information for Nebraska and Iowa:

  • Iowa
    Workers’ Memorial Day Ceremony
    Friday, Apr. 26, 11 a.m.
    Iowa Workforce Development, Des Moines
    via http://www.iowaworkforce.org/labor/
  • Nebraska
    4th Annual Workers’ Memorial Day
    Sunday, Apr. 28, 7 p.m.
    Nebraska State Capitol North Steps, Lincoln

According to the Lancaster County Democratic Party, via email, “representatives from State, Federal, United Support Memorial for Workplace Fatalities (USMWF), Unions, Co-workers, Employers and the community come together and honor the men and women that have been injured or killed in a preventable work related incident.”

Please see the website below for more details: http://www.workermemorialday.org/WMD2013.htm

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, Texas, Workplace Safety and tagged , , , , .

Texas Plant Explosion Is Too Close

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The fertilizer plant explosion in West, Texas, is a tragedy. That tragedy hits uncomfortably close to home in rural states like Nebraska and Iowa where many fertilizer plants are located.

I agree with pundits who argue that the West, Texas, explosion, is a failure related to deregulation and cuts in spending on workplace safety. However, both Bloomberg and The Wall Street Journal report that West Fertilizer Co had been fined $5,200 in 2012 by the Pipeline and Hazardous Materials and Safety Administration and also by the Environmental Protection Agency. Bloomberg reported that the Obama administration increased inspections of fertilizer plants under the auspices of Homeland Security. But the fine and inspection by the Pipeline and Hazardous Materials and Safety Administration and EPA fail to undermine the argument that the explosion is related to lax enforcement of workplace safety rules for two reasons. First of all, inspectors under the auspices of Homeland Security and the EPA don’t specifically address workplace-safety concerns. Secondly, a fine for $5,200 fails to act as much of deterrent for bad conduct.

As of the writing of this piece (Friday, Apr. 19) the national media hasn’t discussed the role that the workers’ compensation and civil justice system could play in recovery from this disaster. Though it was reported that no workers were in the plant, CNN reported that many first responders were killed responding to the explosion. Unfortunately, Texas is unique in having an opt-out workers’ compensation system. In other words, the families of the first responders killed responding to the fire may not be able to collect workers’ compensation benefits. If a Texas employer opts out of workers’ compensation, the employee can sue the employer for negligence. However the whole reason workers’ compensation was instituted was because many work injuries are not caused by employer or employee negligence. Maybe there was negligence on the part of the employers of the first responders, but if not – and there was no negligence by their employers – then the first responders will not be able to collect workers’ compensation benefits. Any employees of West Fertilizer Co who were killed or injured on the job would be in a similar predicament to the first responders. If the plant had been in Nebraska or Iowa, the workers in the plant would have been able to get workers’ compensation but likely would not be able to sue the plant.

However, if there was negligence by West Fertilizer Co and they opted out of workers’ compensation, then the killed and injured workers could sue West for negligence. Under Texas law, the fertilizer company would lose defenses such as contributory negligence and assumption of risk. Texas also has exemplary or punitive damages available for the injured and killed workers as well as other harmed by the accident.

Iowa has punitive damages, but Nebraska does not have them. In other words, a Nebraska community would have more trouble winning fair compensation for a fertilizer explosion than a community in Texas or Iowa, because Nebraska lacks punitive damages.

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, Texas, Workers' Compensation, Workplace Injury and tagged , , , .

What Medical Expenses Are Covered In A Workers’ Compensation Case?

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In Nebraska and Iowa, as is the general rule, an employer is liable for all reasonable medical services incurred as a result of a work injury. This is interpreted fairly broadly to include plastic or reconstructive surgery, prosthetic devices, and medicines, among other treatments. As long as the treatment is designed to relieve pain or promote and hasten the employee’s restoration to health and employment, the employer is liable. When a treatment meets these conditions, an injured worker should not be responsible for any portion of the medical bill.

 

The main difference is in Nebraska, as long as the worker elects a prior treating doctor to treat their injury (for example, the worker’s family doctor), that doctor can dictate the medical care and refer them to others for treatment. If no election is made, then like in Iowa, the employer can choose the doctor to treat a work injury as long as the employer accepts compensability for that injury. However, in Iowa, if the worker can establish that the medical care furnished is unreasonable, then the worker can choose another medical provider.  In both states, if a claim for a work injury is denied, the worker can choose their own doctors to treat with.

 

If no Petition is filed in Nebraska, an employer continues to be responsible for medical care as long as there is less than a two-year gap in the payment of a medical bill by the employer or insurance company or the payment of temporary or permanent benefits to the injured worker. Also, if the Court enters an order finding the injured worker entitled to future medical care, there is technically no time limit for seeking medical care.

 

In Iowa, medical benefits cannot be used to extend the deadline to file a claim for benefits. There is no time limitation in seeking medical care relating to an injury either before or after an Award for benefits.

 

However, in practical terms, large gaps in treatment will likely be met with skepticism from the employer – and possibly the Court – concerning the relationship between the work injury and the medical care. We recommend you seek consistent medical care where there is a need for it to avoid such issues.

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, Iowa, Nebraska and tagged , , .