Category Archives: Uncategorized

Rolling Back The Rules That Have Made OSHA Effective In Protecting Workers

Posted on by

I am regularly surprised in my job.

I recently met with a client who worked in a psychically demanding industrial job who told me that his employer required a supervisor to accompany the employer to the company infirmary. Many supervisors refused to accompany employees to the nurse, so many employees would forgo going to the infirmary.

My jaw dropped when my client told me this.

Last year, OSHA cited a Pilgrim’s Pride Poultry plant in Florida for citation for failure to provide proper medical treatment for their employees. This was the first time such a sanction had been made. In a post last August, I pointed out that Pilgrim’s Pride was sanctioned for not making proper referrals to orthopedist for overuse injury. In the scenario my client described to me, many injured workers were unable to even get first aid for potential work injuries.

Inability to receive basic medical treatment on the jobsite forces employees to seek medical treatment outside work hours. But employees can risk termination if they seek medical treatment outside the plant without notifying their employer. Inability to obtain basic medical care on the job site makes it less likely that employers will log injuries and more likely they can defend workers’ compensation claims for lack of notice.

A year ago, OSHA would have probably been interested in such a scenario. But the Trump Department of Labor is rolling back many workplace safety rules implemented by the Obama administration. Workers may have to look elsewhere besides OSHA for vigorous enforcement of workplace safety laws.

Employees can report potentially unlawful practices like requiring a supervisor to accompany an employee to a nurse’s station to OSHA on their own. At least in Nebraska, this would allow them to pursue a whistleblower claim. But in many instances employees risk termination even a court finds that their employer engaged in unlawful retaliation.

Employees might also be able to pursue wrongful discharge claims based on violations of public policy. The potential problem with these types of claims is often times courts will find that federal law doesn’t create public policy for the purpose of a state law claim. Courts could also find that laws do not create a clear public policy sufficient to create a claim for wrongful discharge.

I am a firm believer in employees working together to address issues in the workplace. So-called protected concerted activity doesn’t involve litigation and is often effective in resolving workplace issues quickly. But again employees take some risks of retaliation. These retaliation claims are sometimes heard by the independent National Labor Relations Board. While the Department of Labor has signaled it will be less responsive to employee interests, the independent NLRB seems to be a more friendly forum for employee grievances against their employers.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Uncategorized.

Look To Your Co-Workers Before Your Boss When Trying To Accommodate An Injury Or Medical Condition

Posted on by

Employees with an injury or medical condition that prevents them from doing  parts of their job ought to consider asking for help  from their co-workers  first before they talk to management about how to accommodate that medical condition or injury.

Under the Americans with Disabilities Act, and most parallel state laws, a disabled employee and their employer are supposed to engage in an “informal interactive process” to see if the employee’s disability can be reasonably accommodated. The process is supposed to be flexible.

In reality often times the interactive process can be an adversarial process where legal counsel for the employer,  HR,  employee health and risk management bureaucrats attempt to force working people to fill out complicated paperwork and create a paper trail justifying terminating an employee.

But if an employee can work with a co-worker or co-workers to shift and trade tasks that they can’t do because of a disability, then the employee has accommodated their own disability without having to deal with a squad of paper pushers who know little about how an employee actually does their job.

The other thing an employee does when they work with their co-workers to accommodate their own disability without interference from management is that they engage in what is called a “protected concerted” activity. So in addition to having legal protections under the Americans with Disabilities Act, the employee has protections under the National Labor Relations Act (NLRA) as would  their co-workers.

Employees are faced with judges and government agencies who are increasingly sympathetic to management. But workers are re-discovering the power of concerted action. New York taxi drivers struck in protest of President Trump’s proposed Muslim Ban. Workers at Comcast walked out of work in protest of this policy as well.

I realize that many of my prospective and current clients may support Donald Trump and his policies. But regardless of your political views you can still ask for and provide mutual aid and support from your co-workers if you or one of them has a disability that keeps you or them from doing certain tasks on the job. This idea of mutual aid and support for co-workers on the job has long been an important part of workplace rights and will probably grow increasingly important and as courts and government agencies become increasingly supportive of management.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Uncategorized.

2016 Top Ten Workers’ Compensation Fraud Cases

Posted on by

Leonard JerniganWhat have you heard about fraud in workers’ compensation? Respected colleague Professor Leonard Jernigan presents his top 10 workers’ compensation fraud cases in today’s blog post. Professor Jernigan is from The Jernigan Law Firm in North Carolina and also serves as an Adjunct Professor of Workers’ Compensation Law at the N.C. Central University School of Law.

Adding in this year’s tally of cases to previous ones, the economic fraud of non-workers involved in the workers’ compensation system is dominant by a 77 non-workers’ fraud to 3 workers’ fraud margin, for the eight years total that Professor Jernigan has compiled the list. Be sure to think of this article the next time someone tells you about the need for workers’ compensation “reform” on the state level because of workers’ compensation fraud of employees – ask that person if they have any references for the alleged worker fraud – and feel free to use this blog post as a reminder that non-worker fraud is a much bigger issue in workers’ compensation systems.

It is unfortunate that this article is necessary, but I appreciate the important work Professor Jernigan does to compile these fraud cases each year. It makes for very interesting reading and reminds folks that fraud occurs on both sides of the workers’ compensation debate, though from a dollar amount, worker fraud is minimal compared to non-worker fraud.

Here are the links to previous years’ posts that have run on our firm’s blog, which were published in 2016, 2015, 2014, and 2013, so they include cases that were compiled regarding 2015, 2014, 2013, and 2012, with the post below being 2016’s edition, to provide more historical context of this issue.

Here’s to a safe and productive 2017 for all.

Number Value
Non-Employee Fraud Cases 10 $ 412,000,000
Employee Fraud Cases 0 $ 0
Total $ 412,000,000

Four of the top ten cases in 2016 are from perennial offender California, three from Florida, one each from Massachusetts and Texas, and one involving 20 different states. The misclassification of employees by employers continues to create dramatic financial fraud, with resulting cost shifting, lost tax revenues and hardship to inured employees. As we noted last year, while the “gig economy” pioneered by technology companies has lead to debate about new classifications for workers, these companies remain subject to our laws. We are starting to see widespread litigation and settlements like Uber’s $100 million payment to disgruntled drivers in California and Massachusetts. We’ll keep tracking these new developments in the context of the misclassification and fraud actions that we’ve been tracking for many years.

  1. (National) FedEx to Settle Driver Lawsuits in 20 States for $240 Million (6/16/16)
    FedEx to Settle Driver Lawsuits in 20 States for $240
    FedEx Ground Systems, Inc. has agreed to pay $240 million to resolve claims by 12,000 FedEx drivers in 20 states. FedEx was labeling the drivers as independent contractors to avoid paying additional taxes, fringe benefits, health care costs, workers’ compensation insurance, and much more. The drivers were also not paid overtime or reimbursed for expenses.
  2. (California) Seven People Charged in $98 Million Workers’ Compensation Fraud Case (6/7/16)
    Seven in Riverside County charged with $98M medical fraud

    (Left): Payman Heidary Top row: Touba Pakdel Nabati, Jason Yang, Cary Abramowitz Bottom row: Quynam Nguyen, Ana Solis, Gladys Ross (Photo: Riverside County Sheriff’s Department)

    Seven people have been indicted with 107 felonies in a business scheme designed to commit workers’ compensation fraud. The ringleader, Peyman Heidary, owned or ran numerous businesses, including law firms and health clinics, and used other people to disguise his involvement and create an illegal ownership structure. The clinics were found to have inflated billings to insurance companies by exaggerating patient injuries and treatments. The businesses fraudulently billed more than $98 million to 18 insurance companies, resulting in the businesses receiving over $12.4 million in payments.

  3. (Texas) Labor Department “Mole” Helps Business Maintain $30 Million Workers’ Compensation Scam (6/28/16)
    Tshombe Anderson

    Tshombe Anderson

    Lydia Taylor worked at the U.S. Department of Labor in Dallas and used her position to give her family members information about federal workers’ compensation claims and warn them when suspicions arose about their fraudulent billing. Taylor’s uncle, Tshombe Anderson, was the ringleader of the group. Anderson and others formed several businesses that fraudulently billed the federal workers’ compensation program $30 million for unneeded and unrequested medical equipment for rehabilitation patients.

  4. (Florida) Fake Construction Company used to Process over $17.4 Million of Fraudulent Payroll (3/28/16) Orquidea Quezada set up Orquicely Construction LLC and used the company to process payroll for subcontractors who employed hundreds of people. In exchange for her services, Quezada kept a five percent fee. The scheme allowed the contractors to avoid paying payroll taxes, workers’ compensation insurance, and to conceal the employment of undocumented workers.
  5. (Florida) Fake Construction Company Used to Cash $7.4 Million in Undocumented Worker Payroll (7/7/16)
    Yamil Sanjurjo Cordero and Sandro Mendoza Alvarado

    Yamil Sanjurjo Cordero, 33, and Sandro Mendoza Alvarado, 35. (Sun Sentinel / Broward Sheriff’s Office Handout)

    Two men set up a shell company, Sunrise All Contractor Corp., to receive payments and cash checks for a fee on behalf of other companies that would then pay their undocumented workers. The scheme enabled employers to avoid workers’ compensation premiums and payroll taxes. These schemes are popular among employers of undocumented employees because these employees are less likely to blow the whistle on the fraud out of fear of exposing their undocumented status.

  6. (California) Insurance Company Agent Misappropriated $7.3 Million and Unable to Pay Workers’ Compensation Claims for California Indian Tribe (8/19/16) The operator of Management Resources Group California LLC, Gregory J. Chmielewski used more than $7.3 million from the company’s reserve accounts for his own personal investments. The company managed another company, Independent Management Resources, which sold workers’ compensation insurance to California Indian tribes. Chmielewski’s actions resulted in the company being unable to cover 117 claims.
  7. (California) Contractor Cheated Workers’ Compensation Insurer Out of More Than $5.4 million in Premiums(10/5/16) State of California Department of InsuranceMichael Harold Kreger, the owner of Michael Kreger Contracting was sentenced to 9 months in jail, 5 years of probation, 1500 hours of community service, and ordered to pay restitution of more than $5.4 million for underreporting his payroll and committing insurance fraud. Mr. Kreger cheated his company’s workers’ compensation insurer out of more than $5.4 million and his employees out of adequate protection for potential workplace injuries.
  8. (Massachusetts) Construction Companies Ordered to Pay $2.6 Million for Fraud in Misclassifying Workers (8/2/16) AB ConstructionForce Corporation, AB Construction Group, and employers Juliano Fernandes and Anderson Dos Santos were found by the U.S. Department of Labor to have misclassified the bulk of their employees to avoid paying overtime wages, workers compensation insurance, payroll taxes, and more. A consent judgment was entered requiring the companies and employers to pay more than $2.6 million in damages and penalties for their fraud.
  9. (California) Company Underreporting Payroll Defrauds Insurer of $2.1 Million (6/7/16)
    Alvin Shih Chen and Fiona Chen of Metro Worldwide, Inc.

    Alvin Shih Chen and Fiona Chen

    Co-owners Alvin Shih Chen and Fiona Chen of Metro Worldwide, Inc., a trucking company, underreported payroll by $4.7 million. The owners paid their truck drivers in cash to avoid reporting them to the insurer and to reduce their payroll obligation. While the company reported nearly $3 million in payroll to California’s State Compensation Insurance Fund, the actual payroll amount was $7.6 million. An estimated $2.1 million in premiums was lost.

  10. (Florida) Construction Company Defrauds Workers’ Compensation Insurer of $1.8 Million by Underreporting Payroll (4/6/16)
    Maira Chirinos, owner of Pompano Beach-based Tocoa Builders Inc.(Broward County Jail)

    Maira Chirinos, owner of Pompano Beach-based Tocoa Builders Inc.(Broward County Jail)

    Maira Chirinos, the owner of construction company Tocoa Builders, Inc. misrepresented information regarding the company’s operations, employees, and payroll when applying for a workers’ compensation policy. The misrepresentations enabled Chirinos to avoid paying at least $1.8 million in workers’ compensation premium payments. An investigation found Chrinos grossly underreported payroll to the insurance company. She reported a payroll of $76,000, but more than $11 million in payroll checks were cashed during the period covered by the policy.

For more information, contact: Leonard T. Jernigan, Jr. Adjunct Professor of Workers’ Compensation Law N.C. Central University School of Law The Jernigan Law Firm 3015 Glenwood Avenue, Suite 300 Raleigh, North Carolina 27612 (919) 833-0299 jes@jernlaw.com www.jernlaw.com Twitter: @jernlaw Blog: www.ncworkcompjournal.com

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Uncategorized.

New Intermediaries Will Help Scale U.S. Apprenticeships

Posted on by

Today’s post was shared by US Dept. of Labor and comes from blog.dol.gov

What do you know, and what are you assumptions, about apprenticeships? Is it possible that what a person learns in an apprenticeship can be transferred to another job or even another industry?

We have promoted blog posts about apprenticeships before like this one: Companies Must Understand: Labor is About More Than Just Jobs and this one: The Largest Apprenticeship Investment in U.S. History.

The best description of the results of holding an apprenticeship that I have seen lately is directly from this post:

“In a labor market that increasingly favors and rewards skilled workers, apprenticeships offer intensive skills training, a credential and middle-class wages.”

The U.S. Department of Labor is working to expand the idea of apprenticeships programs to two key groups:

“…expanding apprenticeships in new industries, and

increasing opportunities for underrepresented groups to participate in apprenticeship programs.”

Though there is some jargon in the blog post, I greatly enjoyed the word cloud that is the illustration. I also enjoyed the information that since 2014, “the Department of Labor has made unprecedented investments to support the development and expansion of new and existing apprenticeship programs, announcing or awarding $265 million in funding, thanks, in part, to a historic, bipartisan agreement made by Congress and based on the president’s 2016 budget.” Because making sure an effort is funded is a very important step in the process.

And making sure the two groups above know the “how” of the process is also important, as evidenced by this quote:

“… other high-growth industries – such as advanced manufacturing, energy, health care, homeland security, hospitality, and transportation – are less experienced with the apprenticeship model, and often lack the expertise needed to develop high-quality programs, and engage employers and other key stakeholders.”

This blog will continue to monitor federal, state and local efforts to provide training and apprenticeships to workers, celebrate those accomplishments, and point out the need for training improvements that benefit workers. Have a safe, productive week.

A word cloud shaped like the United States includes words related to apprenticeship, including #ApprenticeshipWorks, learn, on-the-job training, earn, dol.gov/apprenticeship, workforce and ApprenticeshipUSA.
A word cloud shaped like the United States includes words related to apprenticeship, including #ApprenticeshipWorks, learn, on-the-job training, earn, dol.gov/apprenticeship, workforce and ApprenticeshipUSA.

Apprenticeships, paid training programs that combine on-the-job training and classroom instruction, are an effective yet underused strategy for training workers for in-demand jobs. In 2014, in an effort to increase the use of apprenticeship as a pathway to middle-class employment, President Obama set a national goal to double the number of U.S. apprenticeships within five years.

Since then, the Department of Labor has made unprecedented investments to support the development and expansion of new and existing apprenticeship programs, announcing or awarding $265 million in funding, thanks, in part, to a historic, bipartisan agreement made by Congress and based on the president’s 2016 budget.

As part of that initiative, the Department of Labor is awarding 14 contracts to industry and workforce intermediaries to advance two major goals for expanding apprenticeship programs in the United States:

  • expanding apprenticeships in new industries, and
  • increasing opportunities for underrepresented groups to participate in apprenticeship programs.

According to the department, the majority of apprenticeship programs are in the construction industry. In 2015, 47 percent of active apprentices were construction apprentices. After construction, the next most popular industries…

[Click here to see the rest of this post]

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Uncategorized.

What Does this Improper Medical Treatment Sanction from OSHA Mean?

Posted on by

BoheadFor the first time ever, the Occupational Safety and Health Administration recently sanctioned a Pilgrim’s Pride chicken processing plant for providing improper medical treatment for employees suffering from overuse injuries. While the hazards of meatpacking work to employees is common knowledge and the packing industry is frequently sanctioned for unsafe work practices, the sanction against Pilgrim’s Pride for failing to provide medical care to their workers in Florida indicates OSHA is opening a new front in the battle for a safe workplace.

While OSHA’s sanctioning Pilgrim’s Pride for providing inadequate medical care to their injured workers is novel, their action is consistent with law that states access to prompt and appropriate medical care is crucial to pursuing a workers’ compensation claim. OSHA sanctioned Pilgrim’s Pride for failure to make timely and proper referrals to specialists for orthopedic injuries when employees sought treatment at company first-aid or nursing stations. According to OSHA, delays in treatment can lead to permanent injuries.

The fact that OSHA deems inadequate medical care to be a violation of its regulations could also mean that employees have a statutorily protected right to oppose inadequate medical care. In Nebraska, this would mean that employees could possibly sue their employers under the Nebraska Fair Employment Practices Act. Celeste Monforton, a professor of public health at George Washington University, noted in her post that employers use company health clinics not only to delay treatment but to discourage employees from seeking medical care. Some employers go so far as to discipline employees who do not get permission from their employer to seek outside medical treatment. A recent case in an Illinois federal court stated such policies were illegal.

While Nebraska does not have any case law similar to Illinois about such policies, there is a strong argument to make that such policies would be illegal under Nebraska law and under the law of any state that prohibits retaliation against employees for filing workers’ compensation claims. Policies that require notification and permission to seek medical treatment from employers could also run afoul of Nebraska’s laws allowing employees to choose their own doctors. One Nebraska court has hinted that the right to pick a doctor is a legally protected activity.

Monforton also pointed out that Pilgrim’s Pride could be committing medical malpractice by failing to provide proper care and having nurses treat injured employees without proper medical supervision.

However, packinghouses have some reason to believe that they are immune from medical malpractice suits filed by their employees against their employee health nurses. The legal shorthand for this is called the exclusive remedy. In practice, this means that an employer who provides medical treatment in a negligent manner to an employee who is treating for a work injury can only be sued in workers’ compensation court.

Of course, there are some ways around the exclusive remedy for medical care. The first exception would be that if employee health was outsourced. This would allow an employee to sue that provider directly and could also allow for a civil conspiracy or civil RICO claim.

There may also be other exceptions as well. For example, Nebraska has a Meatpacking Industry Workers Bill of Rights that states that workers employed at covered meatpacking houses have a right to a safe workplace and the right to seek benefits, including workers’ compensation. If an employer does not provide adequate medical care or provides negligent medical care, that could certainly violate the public policy behind the Meatpacking Industry Workers Bill of Rights and warrant a tort case against the packinghouses under the public policy of the state of Nebraska.

Countertop Workers Face Silicosis Risk from Engineered Stone Countertops

Posted on by

Today’s post comes from respected colleague and law professor Leonard Jernigan from The Jernigan Law Firm in North Carolina.

Workers should be aware of occupational diseases like silicosis because there is a relatively new source of silica particles that can cause long-term health problems: engineered stone countertops.

“While the countertops do not pose a risk to consumers in their homes, they do pose a risk to the workers who cut and finish them before they are installed,” Mr. Jernigan wrote.

Because workers’ compensation laws that determine benefits for occupational diseases vary by state, it is important to contact an experienced workers’ compensation lawyer with questions that you or a loved one might have about silicosis, other occupational diseases, or incidents at work that result in injury.

Engineered stone countertops, a popular fixture in today’s homes, pose a health risk to workers who cut and finish them. The danger stems from the material the countertops are made from, processed quartz, which contains silica levels up to 90 percent. Silica is linked to a debilitating and potentially deadly lung disease known as silicosis, as well as lung cancer and kidney disease.

While the countertops do not pose a risk to consumers in their homes, they do pose a risk to the workers who cut and finish them before they are installed. When the countertops are cut, silica particles are released into the air, which when breathed in by the workers can start processes leading to silicosis. Manufacturers of the engineered stone countertops assert that worker hazards can be reduced through the use of protective respirators and equipment designed to trap silica dust. Despite this assertion, many safety precautions taken by employers are often inadequate.

The first documented case of silicosis among countertop workers in the United States was reported two years ago. In countries such as Israel and Spain, where engineered stone products gained their popularity, many more countertop workers have been diagnosed with silicosis and have had to undergo lung transplants. The danger of silicosis in the construction industry led OSHA to recently issue new rules requiring construction workers’ silica exposure to be reduced by 80 percent beginning on June 23, 2017.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Uncategorized and tagged .

Take Care and Remember on Memorial Day

Posted on by

We would like to take time this Memorial Day to remember the men and women who died while serving in the U.S. armed forces. “Many Americans observe Memorial Day by visiting cemeteries or memorials, holding family gatherings and participating in parades. Unofficially, at least, it marks the beginning of summer,” according to history.com.

Since next Monday is a national holiday, we hope people take some time to both think about and celebrate the freedom of the sacrifices that they and their loved ones have made. Many people spend this holiday with family and friends, and some of these gatherings contemplate the more somber, traditional meaning of the day. Others have to work on Memorial Day and don’t really get a holiday. And other folks are navigating the roadways on one of the few holidays they get from their employer a year. Meanwhile, many truckers are on a schedule with loads and focused on safety with the increased traffic on the weekend that’s the unofficial start of summer. I urge all to be safe on roads, around grills, swimming pools, and in whatever celebration is planned. Please also look into the Memorial Day celebrations that the majority of communities have planned with veterans’ organizations for the day. Regardless of what you end up doing, please take some time today to remember fallen soldiers, explain to your children, and remind your friends, family and loved ones the true meaning of the holiday.

As mentioned above, Monday is also the symbolic beginning of summer, so we hope that everyone is enjoying their time off and being safe. For your information, below is a list of grilling safety tips adopted from a guide published by the U.S. Consumer Product Safety Commission:

Gas Grill Safety Tips

  1. Check the tubes that lead into the burner for any blockage from insects, spiders, or food grease. Use a pipe cleaner or wire to clear blockage and push it through to the main part of the burner.
  2. Check grill hoses for cracking, brittleness, holes, and leaks. Make sure there are no sharp bends in the hose or tubing.
  3. Move gas hoses as far away as possible from hot surfaces and dripping hot grease. If you can’t move the hoses, install a heat shield to protect them.
  4. Replace scratched or nicked connectors, which can eventually leak gas.
  5. Check for gas leaks, following the manufacturer’s instructions, if you smell gas or when you reconnect the grill to the liquid petroleum (LP) gas container. If you detect a leak, immediately turn off the gas and don’t attempt to light the grill until the leak is fixed.
  6. Keep lighted cigarettes, matches, or open flames away from a leaking grill.
  7. Never use a grill indoors. Use the grill at least 10 feet away from your house or any building. Do not use the grill in a garage, breezeway, carport, porch, or under a surface that can catch fire.
  8. Do not attempt to repair the tank valve or the appliance yourself. See an LP gas dealer or a qualified appliance repair person.
  9. Always follow the manufacturer’s instructions that accompany the grill.
  10. Store LP containers upright, and never near a grill or indoors or in a hot car or car trunk.
  11. Do not store or use gasoline or other flammable liquids near the grill.

Charcoal Grill Safety Tips

Charcoal produces carbon monoxide (CO) when it is burned. CO is a colorless, odorless gas that can accumulate to toxic levels in closed environments. Each year about 30 people die and 100 are injured as a result of CO fumes from charcoal grills and hibachis used inside.

To reduce these CO poisonings:

  1. Never burn charcoal inside of homes, vehicles, tents, or campers. Charcoal should never be used indoors, even if ventilation is provided.

Since charcoal produces CO fumes until the charcoal is completely extinguished, do not store the grill indoors with freshly used coals.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Uncategorized.