Category Archives: Worker safety

Workers’ Memorial Day…and the Decline in Worker Safety

Posted on by

Today’s post comes from guest author Charlie Domer, from The Domer Law Firm. Workers Memorial Day is on Sunday. This post describes in gruesome detail how the Trump Administration has moved to undercut workplace safety.

Last week (April 28) was Workers’ Memorial Day, remembering and honoring all those workers who have been injured or killed in the workplace.  While we’ve come a long way in our country toward protecting workers, current politics and politicians are actively working to undermine a century of progress.

I encourage everyone to read the following informative post on the current statistics of workplace injuries and the effort to encourage less protection for workers: The Health and Safety of America’s Workers Is At Risk.  

The author, Kathleen Rest, provided a detailed list of the Trump administrations intention on “rolling back public protections and prioritizing industry over the public interest”:

  • Right off the bat, the president issued his two-for-one executive order requiring agencies to rescind two regulations for each new one they propose. So, to enact new worker health and safety protections, two others would have to go.

  • OSHA has delayed implementation or enforcement of several worker protection rules that address serious health risks and were years in the making—i.e., silica, the cause of an irreversible and debilitating lung disease, and beryllium, a carcinogen and also the source of a devastating lung disease.

  • OSHA has left five advisory and committees to languish—the Advisory Committee on Construction Safety and Health; the Whistleblower Protection Advisory Committee; the National Advisory Committee on Occupational Safety and Health; the Federal Advisory Council; and the Maritime Advisory Committee—thus depriving the agency of advice from independent experts and key stakeholders. Earlier this week, a number of groups, including the Union of Concerned Scientists, sent a letter to Secretary of Labor Acosta asking him to stop sidelining the advice of independent experts.

  • President Trump signed a resolution that permanently removed the ability of OSHA to cite employers with a pattern of record keeping violations related to workplace injuries and illnesses. Yes, permanently, because it was passed under the Congressional Review Act. And Secretary Acosta recently seemed hesitant to commit not to rescind OSHA’s rule to improve electronic recordkeeping of work-related injuries and illnesses.

  • Having failed in efforts to cut some worker health and safety protections and research in his FY18 budget proposal, the president is going at it again with his FY19 proposal. He is calling for the elimination of the U.S. Chemical Safety and Hazard Investigation Board and OSHA’s worker safety and health training program, Susan Harwood Training Grants. There is, however, a tiny bit of good news for workers in President Trump’s proposed budget for OSHA; it includes a small (2.4 percent) increase for enforcement, as well as a 4.2 percent increase for compliance assistance. Of note, employers much prefer compliance assistance over enforcement activities.

  • The president’s budget also proposes to cut research by 40 percent at the National Institute for Occupational Safety and Health (NIOSH)—the only federal agency solely devoted to research on worker health and safety—and eliminate the agency’s educational research centers, agriculture, forestry and fishing research centers and external research programs.

  • He has also proposed taking NIOSH out of CDC, perhaps combining it later with various parts of the National Institutes of Health. Never mind that NIOSH was established by statute as an entity by the Occupational Safety and Health Act of 1970.

  • The Mine Safety and Health Administration (MSHA) has also jumped on the regulatory reform bandwagon. The agency has indicated its intent to review and evaluate its regulations protecting coal miners from black lung disease. This at a time when NIOSH has identified the largest cluster of black lung disease ever reported.

  • EPA actions are also putting workers at risk. Late last year, the EPA announced that it will revise crucial protections for more than two million farmworkers and pesticide applicators, including reconsidering the minimum age requirements for applying these toxic chemicals. Earlier in the year, the agency overruled its own scientists when it decided not to ban the pesticide chlorpyrifos, thus perpetuating its serious risk to farmworkers, not to mention their children and users of rural drinking water. And the agency has delayed implementation of its Risk Management Plan rule to prevent chemical accidents for nearly two years.

  • The Department of Interior is following up on an order from President Trump to re-evaluate regulations put into place by the Obama administration in the aftermath of the Deepwater Horizon accident in 2010, which killed 11 offshore workers and created the largest marine oil spill in United States’ drilling history.

  • And then there’s a new proposal at the U.S. Department of Agriculture that seeks to privatize the pork inspection system and remove any maximum limits on line speeds in pig slaughter plants. Meat packing workers in pork slaughter houses already have higher injury and illness rates than the national average. Increasing line speeds only increases their risk.


Scary times.  I fear we may be remembering more and more injured workers moving forward.

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 safety rollback, Trump, work injuries, Worker safety and tagged , .

Packing Plants Are Modern-Day ‘Jungle’

Posted on by

crete-nebraska-meat-packingBeef and chicken packing plants remain “brutal” workplaces, according to a recent Government Accountability Office (GAO) study of the industry. More than 100 years ago, Sinclair Lewis, in “The Jungle,” wrote of brutal work conditions and treatment of Eastern European immigrants. Today the brutality continues, but the immigrants are from Latin America and, increasingly, Africa. The meat industry recruits them. The pay sucks, the conditions are uncomfortable, and the injuries pile on. Wages are frequently below $15 an hour.

Fifteen years ago, Eric Schlosser wrote “Fast Food Nation: The Dark Side of the All-American Meal,” which was considered a modern “Jungle.” He wrote of fast line speed in the modern packing industry and pointed out how it devastated modern workers. The book was a best-seller and made it to the big screen. It was a noble effort to get changes that protected packing-plant workers. Sadly, the bulk of legal reforms since the book have benefited employers. They attack workers every year in every state legislature. Sadly, the workers who bring us the food we enjoy just keep getting ignored.

It seems the more things change, the more they stay the same for this group of hardworking people.

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 carpal tunnel, Death, Nebraska, Preventing Injury, Safety violations, Work Injury, Worker safety, Workers' Compensation, Workplace Injury and tagged , , .

NPR: Coffee Workers’ Concerns Brew Over Chemical’s Link To Lung Disease

Posted on by

Today’s post comes from guest author Kristen Wolf of Causey Law Firm, a respected group of workers’ advocates in Seattle.

Although Seattle is obviously known for its coffee, boutique gourmet coffee roasting companies are popping up almost everywhere, even in our corner of the Great Plains. As this NPR article shows, there are some potential occupational concerns with a chemical called diacetyl that is a byproduct of the roasting process. This chemical, which is a natural, but not necessarily safe byproduct, contributes to lung disease and respiratory illness, particularly if the coffee that’s being roasted is flavored and if the chemical is found in high concentrations in the air. It is only a concern for those who are roasting or grinding a commercial amount of coffee, so most coffee drinkers need not worry.

Unfortunately, as is seen in the article below, regulators are slow to catch up with many workplace harms, especially when they cause occupational diseases. However, the National Institute for Occupational Safety and Health (NIOSH) – “which can’t pass regulations on this, but can make recommendations – issued a draft version of guidance for safe exposure in August 2011 and expects to release a final version later this year,” according to the article. The article also explains that the Occupational Safety and Health Administration (OSHA) currently has “no plans to make rules regulating diacetyl exposure in workplaces.”

Although the coffee-drinking consumer is not in danger, workers at coffee roasters should explore their employers’ policies regarding workplace safety in general. As business owner Lincoln Fowler in Milwaukee said, he has established best practices in his airflow system to protect against chemicals like diacetyl, but also encourages overall safety, such as training workers to take care when lifting bags of coffee.

“I would argue that potential back problems are probably a much more significant threat,” he said in the article.

If you have an incident at work that results in an injury or an illness that you suspect is related to your work, please contact an experienced workers’ compensation lawyer for advice in the next steps to take to protect both health and safety.

Heard on Morning Edition, April 15, 2016.

Step into Mike Moon’s Madison, Wis., coffee roasting plant and the aroma of beans — from Brazil to Laos — immediately washes over you.

Moon says he aims to run an efficient and safe plant — and that starts the minute beans spill out of the roaster. He points to a cooling can that is “designed to draw air from the room over the beans and exhausts that air out of the facility. So it is really grabbing a lot of all of the gases coming off the coffee,” he explains.

Why are these gases so worrisome? Because they contain a chemical called diacetyl — a natural byproduct of the coffee roasting process that, in large concentrations, can infiltrate the lungs and cause a severe form of lung disease.

You might remember hearing about diacetyl several years ago, when a synthetic version of the chemical, which is used to give a buttery flavor to certain snack foods, was implicated in causing severe lung problems among workers at a microwave popcorn facility.

Now it looks like that chemical could affect the coffee world as well. People at home grinding or brewing up a pot need not worry, but the chemical could pose a danger to people working in commercial coffee roasting plants.

Read the rest of the story here…

 

Photo credit: Nic Taylor Photography viaFoter.com / CC BY-NC-ND

 

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 Worker safety and tagged .

Workplace Death Benefit in Bill Should Be Expanded

Posted on by
Omaha Sen. Health Mellow

Omaha Sen. Health Mellow

I was recently quoted in the Omaha World-Herald newspaper as a neutral testifier in the Nebraska Legislature regarding a bill being considered, LB 836.

As commentator Paul Harvey used to say, now here’s “the rest of the story.”

LB 836 is a bill sponsored by Omaha Sen. Health Mellow that “would provide a one-time $50,000 death benefit to the family of a law enforcement officer, firefighter or correctional officer killed during a violent or accidental incident while working,” according to the World-Herald article.

This bill should be passed to help first responders and I am glad that it would also cover volunteers in Nebraska, according to the World-Herald.

I have to ask: Why stop there? For many families, the on-the-job death of a loved one means so much tragedy, and LB 836 or another bill should be is introduced, passed, and be made into law to give a similar benefit to anyone who is killed on the job in the state of Nebraska. It’s an issue of inclusion. No one should be excluded from their loved ones having a bit more financial stability if the unthinkable happens on the job.

Sen. Mellow was quoted in the World-Herald saying that eight first responders in 16 years have been killed in the line of duty in Nebraska.

It is tragic and frustrating to hear about anyone killed at work, and one person dying is one too many. In this spirit, of the 4,679 fatal work injuries in 2014, 54 of them were in Nebraska, according to the U.S. Bureau of Labor Statistics Fatal Work Injuries in Nebraska – 2014 website.

The range of workplace fatalities varied from a high of 83 in 1994 to a low of 36 in 2005. In 2013, there were 39 deaths, and 48 people died at work in 2012, according to the U.S. Bureau of Labor Statistics websites.

It appears that over the last 10 years, according to a table in the 2014 BLS document, approximately 492 workers’ loved ones would have appreciated worrying less about finances when their loved one died as a result of the workplace.

I feel strongly that grieving survivors should receive a significant death benefit for every Nebraska worker who is killed on the job. Right now, the beneficiaries of employees who are killed at work get $10,000, which these days is not even enough for a funeral and burial. Usually this is the tip of the iceberg regarding unexpected costs that loved ones endure, in addition to a brutal and unanticipated grieving process, too.

The average number of deaths a year that I gave at the hearing was on the low end: 36, based on the number that occurred in 2005.

But know that each of those people who died in a workplace incident had someone who loved her or him and who relied on that person and misses them immensely. Kudos to Sen. Dave Bloomfield of Hoskins, who recognized that the grieving process is universal, according to the article in the Lincoln Journal Star. I stand by the quote that was in the Journal Star, and want to emphasize that first responders are important contributors to society, as are other workers who are killed each year on the job, including those who make such occupational choices as steel workers, road workers, and packing plant workers.

“I’ve had those guys fall off roofs and die and get crushed. They’re doing a hell of a community service. So are road workers. So are the packing plant workers who get chewed up and spit out like the hamburger they’re making.”

All of them are contributing to society. So I hope we can honor them and their survivors through increased death benefits legislation to show those contributions.

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 Government, Legislation, Worker safety, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , .

How Cold is Too Cold? Tips to Protect Outdoor Workers in the Winter

Posted on by

Today’s post was shared by the U.S. Labor Department and comes from blog.dol.gov

The weather is unpredictable, to say the least, this winter. I would add the following professions to the list of workers who have potential for problems with the cold but are out in the cold on a regular basis: truck drivers, agricultural workers, and as the picture implies, utilities workers, though the list is not exhaustive. It is a certainty that there are workers who are risking themselves in the cold because they aren’t ready for the “polar vortex” mentioned in the post because the weather has been so up and down this winter.

The NWS Windchill Chart is especially helpful, since it shows the amount of time it takes for frostbite to set in under a variety of temperatures and wind speeds.

Even though this corner of the Great Plains appears to be warming up a bit in the next couple of days, a fairly impressive snowstorm – there’s an 80 percent chance of snow on Tuesday with estimated accumulations of 5 to 8 inches – may be coming. So keep this information handy, and be certain to take care when working outside or sending employees to work outside.

Please be sure your loved ones are protected from the elements, whether they are outside by choice or necessity, during the winter.

Remember that work injuries associated with the elements are also covered under most states workers’ compensation laws, so speak with an experienced lawyer about questions regarding a specific situation.

winter_workThe National Weather Service is warning much of the country about the polar vortex, an arctic air mass that is pushing much of the eastern and central U.S. down to record cold temperatures.

During this wave, workers are at increased risk of cold stress. Increased wind speeds can cause the air temperature to feel even colder, further increasing the risk of cold stress of those working outdoors, such as:

  • Snow cleanup crews
  • Construction workers
  • Recreational workers
  • Postal workers
  • Police officers
  • Firefighters
  • Miners
  • Baggage handlers
  • Landscapers
  • Support workers for oil and gas operations

When the body is unable to warm itself, cold-related stress may result in tissue damage and possibly death. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air, and contact with cold water or surfaces.

How cold is too cold?

A cold environment forces the body to work harder to maintain its temperature. Cold air, water and snow all draw heat from the body. The most common problems faced in the cold are hypothermia, frostbite, and trench foot.

wind chill chart

What preventive measures should I take?

Plan for work in cold weather. Wearing appropriate clothing and being aware of how your body is reacting to the cold are important to preventing cold stress. Avoiding alcohol, certain medications and smoking can also help minimize the risk.

Protective Clothing is the most important way to avoid cold stress. The type of fabric even makes a difference. Cotton loses its…

[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 heart attack, Preventing Injury, Safety, Work Injury, Worker safety, Workplace Injury, Workplace Safety and tagged , , .

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, 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 , , , , , , .

Workers’ Compensation Basics: What is a Workers’ Compensation Accident?

Posted on by

injured workerThis blog post is the third in a series that examines the basics of workers’ compensation.

To be a covered workers’ compensation claim, an employee’s personal injury must be caused by an accident or occupational disease, but what does that mean?

The Nebraska Workers’ Compensation Act defines accident as: “an unexpected or unforeseen injury happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. The claimant shall have a burden of proof to establish by a preponderance of the evidence that such unexpected or unforeseen injury was in fact caused by the employment. There shall be no presumption from the mere occurrence of such unexpected or unforeseen injury that the injury was in fact caused by the employment. …” Nebraska Revised Statute 48-151 (2)

Of course, many workers’ compensation injuries are not as simple or as clear as a broken arm that was the result of a fall. Some injuries are caused by repetitive motion or cumulative trauma on the job. In those cases, the injuries are still considered workers’ compensation “accidents” under the definition above, even though the injuries did not truly occur “suddenly and violently” as required by the statute.

As for an occupational disease, the Workers’ Compensation Act defines it as “a disease which is due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, process, or employment and shall exclude all ordinary diseases of life to which the general public is exposed.” Nebraska Revised Statute 48-151 (3) Examples to think about would be mesothelioma for asbestos workers or black lung for coal miners.

In sum, pretty much any injury or illness that an employee receives from work can fit into the definition of “accident” under the Nebraska Workers’ Compensation Act. However, proving the injury is much more difficult and may require the help of a lawyer.

Read the previous blog posts in the series by clicking on these links: Workers’ Compensation Basics: Are You an Employee? and What is Workers’ Compensation?

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 Injury Reporting, Work Injury, Worker safety, Workers' Comp' Basics, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , .

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

Posted on by

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, 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 , .