Category Archives: Safety

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

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car accidentDo you drive a company vehicle as part of your job?

Many find themselves in the situation where they travel regularly, or on a special errand from time to time, as part of their job.

In the unfortunate scheme of things, if you are involved in an accident while driving, whether it is your fault or not, you are covered by and entitled to workers’ compensation benefits just as any other employee who suffers an accident on the premise of an employer.

More importantly, if the cause of the accident was not due to negligence of your own, but that of a third party, you have a right to bring a third-party negligence action against the party responsible for causing the vehicle accident. This right is separate and distinct from the workers’ compensation benefits that you are entitled to. Further, you also potentially have the right to bring an underinsured motorist coverage claim under your employer’s motor vehicle coverage as well as your own underinsured motorist vehicle coverage. These, too, are separate and distinct from the workers’ compensation benefits you are entitled to.

It is important to note that the employer would have a subrogation right to be reimbursed for workers’ compensation benefits paid on your behalf against that of any third-party negligence claim where you obtained a recovery. However, as underinsured motorist coverage is typically viewed as contractual benefits in nature, there is no subrogation right from your employer if underinsured benefits are obtained in Nebraska.

If you or someone you know was injured in a motor vehicle accident that arose out of and in the course of one’s employment, there are significant issues to be aware of in order to obtain a recovery that meets your needs. If you have any questions or uncertainty when dealing with this point of law, please seek the advice of an experienced attorney who can help steer you in the best course of action.

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 Business Travel, car, Death, Safety, truck driver, Truckers, Trucking, Worker safety, Workers' Compensation, workplace accidents and tagged , .

The Right to a Safe Workplace

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Workplace SafetyUnder federal law, every employee has the right to a safe workplace. If you believe your workplace is dangerous and changes in safety policy are ignored, you can request an inspection from OSHA (Occupational Safety and Health Administration).

Workers’ compensation, which is regulated on a state-by-state level, covers medical bills, lost wages, disability and vocational rehabilitation services for employees injured on the job. If you have any questions regarding these benefits, please contact an experienced lawyer in your area.

If you believe you work in an unsafe work area, here are some tips to be aware of to make sure your workplace is as safe as possible, and you protect yourself from significant injury:

  1.  Know the hazards in your workplace.
  2. While in a seated position, keep your shoulders in line with your hips. Use good form when lifting.
  3. Injuries occur when workers get tired. Take breaks when you’re tired.
  4. Do not skip safety procedures just because it makes the job easier or quicker. Using dangerous machinery is the one of the leading causes of work injuries.
  5. Be aware of where emergency shutoff switches are located.
  6. Report unsafe work areas.
  7. Wear proper safety equipment.

If you are injured due to an unsafe workplace, and you are unsure of the benefits that you are entitled to, contact an experienced attorney in your area.

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 Safety, Safety Rules, Safety violations, Uncategorized, Worker safety, workplace accidents, Workplace Injury, Workplace Safety and tagged , , .

Fear of Reporting Safety Claims

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Today’s post comes from guest author Thomas Domer from The Domer Law Firm in Wisconsin. Below is an article discussing the fear of retaliation many injured workers around the country feel when they are faced with the decision of whether to report a work-related injury or not. The rules vary from state to state, and as the article discusses, the fear often depends on a number of different factors.

In Nebraska, if your employer terminates your employment because you reported a work-related injury, you may be entitled to additional compensation due to your employer’s retaliatory actions. This type of claim is referred to as a retaliatory discharge claim. Retaliatory discharge claims are considered an exception to Nebraska’s at-will employment doctrine. This is because the Nebraska Supreme Court determined that allowing the type of fear of retaliation for filing a claim discussed in the article below undermined the very important purpose of the Nebraska Workers’ Compensation Act, which is to relieve injured workers from the negative economic effects caused by a work-related injury. All that being said, though, a retaliatory discharge claim requires very specific facts and will not apply to every situation because it is an exception to the rule of at-will employment. In fact, a large amount of potential claims will not fit the criteria needed for a retaliatory discharge claim. That is why it is important to speak with an experienced attorney about your potential case.

Workers often fear retaliation if they report a safety violation or work injury related to a violation. Concerns about being fired or other forms of retaliation by employers permeate the process of worker’s comp claims filing. Studies have indicated that retaliatory fear prompts many workers not to file either OSHA or workers’ comp claims. Workers also don’t want to be perceived as careless or complaining. In a Government Accounting Office (GAO) study of OSHA reporting, occupational health providers often reported to workers’ fear of retaliation as a reason for underreporting. Fully 2/3 of health providers “reported observing worker fear of disciplinary action for reporting an injury or illness.”

Pressure from co-workers also prompts failure to report safety violations and comp claims. Safety incentive programs (sometimes called “safety bingo” ) create incentives not to report, since non-reporting leads to a reward for a work group. If one worker reports his injury, the entire crew may pay the price. The GAO survey found this peer pressure to be a troubling factor contributing to underreporting to OSHA. (Anecdotally, I remember a worker who cut off his finger on a Friday, wrapped it in a hankie and put it in his pocket , rather than report the injury and disappoint his fellow employees looking forward to a case of beer reward for “100 consecutive safe work days”).

OSHA is currently proposing new electronic, public reporting rules for large employers.

 

 

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 Injury Reporting, OSHA, Safety and tagged , , .

7 Tips to Make Black Friday Safer

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Black Friday Sale Crowds

Today’s post comes from guest author Jon Gelman, of Jon L Gelman LLC, a law firm in New Jersey. Although this post originally ran last year, I think the lessons and reminders for employers are still very much current and also a good read for employees to be as safe as possible. Here is OSHA’s news release about “Crowd management measures are critical during major sales events; US Labor Department’s OSHA sends reminder to retail associations.” The news release also has a link to the fact sheet mentioned in the blog post below.

Although I realize the importance of getting a good deal, please also remember that workers in retail are people, too, and deserve to be treated the way you wish to be treated. Because many of these workers are working temporary jobs for the season, please practice some patience, understanding and good will towards both fellow shoppers and those working during the hectic holiday season. A simple smile can often make a person’s day. Best wishes on getting that good deal or special gift!

The U.S. Department of Labor’s Occupational Safety and Health Administration is encouraging retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. OSHA recommends that retailers follow certain safeguards against this type of tragedy.

“Crowd control and proper planning are critical to preventing injuries and deaths,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “OSHA urges retailers to adopt a crowd management plan during the holiday shopping season that includes a few simple guidelines.”

Crowd management plans should include:

  1. On-site trained security personnel or police officers.
  2. Barricades or rope lines for pedestrians that do not start right in front of the store’s entrance.
  3. Implementing crowd control measures well in advance of customers arriving at the store.
  4. Emergency procedures in place to address potential dangers.
  5. Explaining approach and entrance procedures to the arriving public.
  6. Not allowing additional customers to enter the store when it reaches its maximum occupancy level.
  7. Not blocking or locking exit doors.

A fact sheet outlining these and other safety measures is available athttps://www.osha.gov/OshDoc/data_General_Facts/Crowd_Control.html. A letter that OSHA has sent to major retailers about preventing crowd-related injuries can be viewed at http://www.osha.gov/asst-sec/blackfriday_letter_2012.html.

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 Safety and tagged , .

Halloween Safety Tips

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trick or treatToday’s post comes from guest author Jon L Gelman LLC in New Jersey. Although Halloween comes every year, for many children, it’s important to remember that they’re more impulsive and are more likely to “forget” the rules because they’re excited for the evening’s plans. Especially if you’re working or driving on Halloween, I would add to the tips below by saying to really watch out for trick-or-treaters, regardless of the weather.

In addition, as a parent of a small child, thanks in advance to everyone who opens up their homes by giving out treats to costumed children.

Something that may be a safety tip for many children is to be mindful that different children approach Halloween differently and it’s not always obvious that a child may be having challenges. There are so many examples I can give, but one that comes to mind includes for a painfully shy child, just saying trick-or-treat and thank you at each house may be an effort in social graces. And trick-or-treaters on the autism spectrum may not be able to speak at all.

In addition, food allergies are much more prevalent. For my family, Halloween safety tips include bringing a charged cell phone, packing our Auvi-Q epinephrine shots to respond if our child were to have a reaction, and making sure he doesn’t eat anything with nuts. (Fortunately, we don’t have airborne allergies, so it is relatively safe for our son to do trick-or-treating, but we practice what he is to say and do numerous times before the actual trick-or-treating. Different parents have different comfort levels for what they’re willing to expose their children with allergies to, so we respect that, too.)

So for those kind enough to give treats, please don’t take it personally if the response from the trick-or-treater isn’t what you expected. Because in addition to the safety tips below, many families are being as safe as they can for their individual situations, and those needs aren’t readily obvious on the holiday.

Thanks in advance for the empathy and for looking out for the community’s children on one of the biggest and scariest days of the year!

Halloween traditionally infers scary and dark. Those elements, complicated by sensory limiting costumes and environment, gives rise to the need for elevated safety concerns in the workplace and at-home surrounding Halloween events.

From a fall resulting in a dislocated shoulder, to an open flame resulting in second degree burns, each year the US Consumer Product Safety Commission (CPSC) receives reports of injuries involving Halloween-related costumes, décor, and lighting. These incidents are preventable. Using CPSC’s three-step safety check (pdf), consumers can ensure that their fright night fun is not haunted by Halloween injuries

“Too often Halloween make believe has resulted in real life injury,” said CPSC Chairman Inez Tenenbaum. “Fortunately, prevention is simple. Choose flameless candles, flame-retardant materials, and well-fitting costumes to reduce the risk of injury this Halloween.”

With CPSC’s quick and easy Halloween safety check (pdf) and just five minutes of inspection, consumers can avoid problems that previously have plagued the trick-or-treat trail. This safety check will help consumers to: (1) prevent fires and burns, (2) ensure that kids can see and be seen, and (3) outfit kids for safety.

Halloween-related incidents can involve a number of hazards, including burns from flammable costumes that come into contact with open flames-particularly candles used to illuminate jack-o-lanterns; falls and abrasions from ill-fitting costumes, shoes, and accessories; and fires caused by burning candles left unattended, near combustible decorations or knocked over by kids and pets.

The federal Flammable Fabrics Act (FFA) requires costumes sold at retail to be flame-resistant. To prevent costume-related burns, CPSC enforces this requirement and recalls costumes and other products that violate the FFA. When making a costume at home, CPSC encourages consumers to use fabrics that inherently are flame resistant, such as nylon and polyester.

According to the National Fire Protection Association (NFPA), Halloween ranks among the top 5 days of the year for candle-related fires. To prevent candle fires, CPSC encourages consumers never to leave a burning candle unattended. Battery-operated flameless candles and other flameless lighting are safe alternatives to traditional candles.

Unique jack o’ lanterns and creatively-carved pumpkins are a new popular trend. Read CPSC’s OnSafety blog on pumpkin-carving injuries and how to prevent them

Additional safety tips to help make this year’s holiday safe:

Decorations

Halloween DecorationsKeep candles and jack o’ lanterns away from landings and doorsteps, where costumes could brush against the flame.

Remove obstacles from lawns, steps, and porches when expecting trick-or-treaters.
When indoors, keep candles and jack o’ lanterns away from curtains, decorations, and other items that could ignite. Do not leave burning candles unattended.

Whether indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.

Don’t overload extension cords.

Costumes

Halloween costumes

When purchasing costumes, masks, beards, and wigs, look for flame-resistant fabrics, such as nylon or polyester; or look for the label “Flame Resistant.” Flame-resistant fabrics will resist burning and should extinguish quickly. To reduce the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes, or billowing skirts.

Purchase or make costumes that are light colored, bright, and clearly visible to motorists.
For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car’s headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.

Children should carry flashlights to be able to see and to be seen.

To guard against trips and falls, costumes should fit well and not drag on the ground.
Children should wear well-fitting, sturdy shoes. High heels are not a good idea.
Tie hats and scarves securely to prevent them from slipping over children’s eyes and obstructing their vision.

If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has holes for eyes large enough to allow full vision.

Swords, knives, and similar costume accessories should be made of soft, flexible material.

Treats

halloween treatsChildren should not eat any treats before an adult has examined them carefully for evidence of tampering.

Carefully examine any toys or novelty items received by trick-or-treaters who are younger than 3 years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

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 Holiday, holidays, Preventing Injury, Safety and tagged , .