Category Archives: Workers’ Comp’ Basics

Falling Asleep On The Job: Insufficient Sleep Is A Compensable Condition

Posted on May 14, 2012 by Rod Rehm

There can be consequences to not getting enough sleep. For many, working patterns vary. Examples include truckers or those who do shift work. Throw in shifts that switch from night to day every few weeks, and it can be even harder to get enough sleep. But as our colleague Jon Gelman of New Jersey shows us in today’s guest post, sleep is essential for health and well-being. And not enough sleep is a compensable condition.

The National Sleep Foundation recommends that U.S. adults receive, on average, 7–9 hours of sleep per night; however, 37.1% of adults report regularly sleeping <7 hours per night. Persons reporting sleeping <7 hours on average during a 24-hour interval are more likely to report unintentionally falling asleep during the day at least 1 day out of the preceding 30 days (46.2% compared with 33.2%) and nodding off or falling asleep at the wheel during the previous 30 days (7.3% compared with 3.0%). Frequent insufficient sleep (14 or more days in the past 30 days) also has been associated with self-reported anxiety, depressive symptoms, and frequent mental and physical distress (4).

Even short term sleep duration is linked with:

Increased risk of motor vehicle accidents
Increase in body mass index – a greater likelihood of obesity due to an increased appetite caused by sleep deprivation
Increased risk of diabetes and heart problems
Increased risk for psychiatric conditions including depression and substance abuse
Decreased ability to pay attention, react to signals or remember new information

Such findings suggest the need for greater awareness of the importance of sufficient sleep. Further information about factors relevant to optimal sleep can be obtained from the National Sleep Foundation and CDC.

Does Moving To A Different State Affect My Workers’ Compensation Case?

Posted on May 10, 2012 by Rod Rehm

We are frequently asked whether moving from one state to another will have any legal consequences for a workers’ compensation case. The answer is no. Your rights are not changed if you move from the state where the law is being applied to your case. If injured workers are entitled to benefits under a state’s law, it does not matter where the worker lives.

However, moving will have several practical effects on a workers’ compensation case. Benefit payments are sometimes interrupted with address changes, and injured workers must keep everyone advised of the correct address so checks can get to the right location. People who should be notified as soon as you know the new address include your lawyer and the insurance adjuster (if you are not represented). In certain states, you may also need to advise a state agency if the insurance is administered by a state fund.

Medical care becomes more complicated when an injured worker moves. State laws are different on who can pick your doctor, and moving usually requires changing doctors, therapists, and pharmacies. The workers’ compensation lawyer or his staff members should help you with these changes.

It is essential that injured workers get proper care. To get proper care, Continue reading →

Seasonal Workers’ Work Comp Is Paid Differently in Nebraska

Posted on April 12, 2012 by Brody Ockander

Workers’ receive slightly different workers’ compensation benefits if injured on a seasonal job.

Jobs that can only be carried out during certain seasons of the year are considered seasonal in nature. In these situations, a seasonal worker who is injured on the job is paid differently than a continuous worker in Nebraska workers’ compensation. Instead of being paid 2/3 of his/her average weekly wages based on the 26 weeks before the injury, work comp benefits for a seasonal employee are paid based on one-fiftieth of the total wages earned from all occupations during the year immediately before the accident (see § 48-126).

However, if calculating a seasonal worker’s wages that way does not fairly represent the seasonal worker’s actual wages, then the period for the wage calculation “shall be extended so far as to give a basis for the fair ascertainment of his or her average weekly earnings.”

The difference in calculation could make a huge difference in actual workers’ compensation benefits for a seasonal worker, but it’s not always easy to determine what is and is not considered “seasonal.” In Nebraska, “seasonal” means that the job can only be carried out during certain seasons but does not include jobs that can be carried out during the entire year. For example, road construction labor can be considered seasonal unless the job requires working in the winter months, manufacturing road materials and repairing equipment. In other words, determining what is seasonal is very fact-intensive. Therefore, if you are injured at work and your job might be considered seasonal, it would be best for you to contact a lawyer to ensure that you are being paid fairly at the seasonal worker rate rather than 2/3 of your average weekly wage.

Report Injuries Right Away Or Risk Losing Compensation

Posted on April 9, 2012 by Rod Rehm

Don't wait to report your work injury!

Today’s post comes from our colleague Tom Domer of Wisconsin. The ruling Mr. Domer discusses came from the 6th Circuit Court of Appeals, which includes the states of Kentucky, Michigan, Ohio, and Tennessee. Nebraska’s U.S. Circuit Court of Appeals is the 8th, which also includes Arkansas, Iowa, Minnesota, Missouri, North Dakota, and South Dakota. Please contact us for more information about how this scenario applies to Nebraska or Iowa.

A U. S. Court of Appeals has ruled that an employer can require an employee to report their worker’s compensation injury even more quickly than required under Worker’s Compensation Law.

A Tennessee machinist experienced pain in her hands when she was transferred to a new position that was “like a muscle strain” when she pressed down on her machine and the pain stopped when she let go. The pain continued over the next two weeks, progressing to numbness and tingling, which forced her to see the Company Nurse. The nurse asked her why she had not reported her pain earlier and she said she wanted to “try to work through it” because she needed the job and did not want to tell her employer she could not do the job.

The next day the company fired her for failing to communicating an injury in a timely manner. She filed a claim with the Tennessee Worker’s Compensation Department and the District Court, which dismissed the claim. On appeal, the 6th Circuit noted that even though State law allowed employees 30 days in which to report a gradually occurring injury, the employer had the right to terminate based on its own policy of not reporting.

Don’t Be A “Tough Guy”

I see these claims often in my practice; claims in which the individual sustains an injury and wants to work through the pain or otherwise see if the pain will go away. Under these circumstances the worker does not report the injury. Since all injuries in worker’s compensation are based on a date of injury, this heroic “non-reporting” ends up biting the worker in the rear. For many employers, no report means no injury.

Gradual Occupational Claims

This “I’ll work through the pain” motive is especially damaging in occupational injury claims, which arise from repetitive motion and not the result of a single trauma. While it is understandable that an employee not be characterized as a “whiner” or “complainer” in the worker’s compensation setting, those who do not report do not benefit.

Dirty Tricks Employers Use To Keep You From Getting Benefits

Posted on March 26, 2012 by Rod Rehm

Tom’s post on how to protect your rights is crucial for every worker to read before they get hurt at work. Know your rights, and beware these dirty tricks that employers use to keep you from getting your benefits.

——————–

Today’s post is by our colleague Tom Domer from Wisconsin.

Over the course of 35 years representing injured workers, I have heard some whoppers – Employers’ questionable tactics that make even my jaw drop.

With all the insurance company generated blather about “employee fraud”, incidences of employer fraudulent tactics abound.

Workers beware of the following:

Recorded statements taken by worker’s compensation carrier adjuster while employee is under medication or in the hospital still suffering from the injury. Questions such as “It’s true you had (low back pain, arm pain, fill in the blank pain, etc.) before your work injury, correct? You’ve had lots more pain from (your motor vehicle accident, sports injury, etc.) than you’re experiencing from your work injury, correct?”
Employer “channeling” a worker to its “Return to Work Clinic” (doctors on company payroll whose opinion is “like some athletic coaches, ‘rub some dirt on it and get back in the game’.”
Telling employees to take sick leave rather than claim worker’s compensation.
Telling employees to file medical bills under their group insurance, not worker’s comp.
Nurse Case Manager who initially befriends the employee, but later makes every attempt with the worker’s doctor to prematurely return the worker to the job before a healing occurs. Continue reading →

Returning to Work Shouldn’t Be This Hard

Posted on March 8, 2012 by Roger Moore

Communicate with your doctor and follow a few guidelines to stay safe when you return to work.

In virtually all workers’ compensation cases an injured worker has to return to work in some capacity. Often these are very stressful situations and it is not uncommon for issues to arrise including conflict with an employer over what a safe return to work actually is. Your goal should be to continue to earn a paycheck while at the same time not risking further injury. Many times this is easier said than done.

Whether it’s a supervisor who ignores your restrictions or a human resources department that actively skirts them, issues frequently come up. We see employers do everything from requiring an injured worker to lift or stand more than they should, to pressuring an employee to return to work the day after a surgical procedure.

You can expect that a nurse case manager or HR specialist from your employer is communicating with your doctor’s office about your return to work. Sometimes they may misrepresent the work that they expect you to do upon your return. It is your job to fill in the gaps.

The most important thing an injured worker can do is communicate with his or her treating physician.

Educate your doctor about the job you were doing when you were initially hurt.
When you are assigned to work, educate your doctor about the light duty job you are doing.
If you are assigned to a job that is difficult for you to perform due to your injury, talk to your doctor about what aspects of that job are difficult. The doctor will likely be willing to restrict you from doing that specific activity.
If your employer is Continue reading →

What Nebraskans In Farming Industries Should Know About Workers’ Comp

Posted on February 16, 2012 by Todd Bennett

Farming and agricultural operations don’t have to provide workers’ comp, with some notable exceptions.

Known as “The Good Life” state, Nebraska is recognized for its farming and agriculture prowess and its rich heritage. However, agriculture is also one of the most dangerous industries to work in. Nebraskans working in agricultural and farming operations must be aware that state laws generally exempt employers in those industries from providing workers’ compensation coverage to employees.

The law doesn’t paint a black and white picture, however. If you have been injured in this line of work, there are certain circumstances that do mandate workers’ compensation coverage.

For example, under the Nebraska Workers’ Compensation Act, employers engaged in an agricultural and farming operation are required to provide workers’ compensation for employees if:

• they employ 10 or more full-time employees, none of whom are family members,
• those full-time employees work on each work day for 13 weeks during the calendar year.

This includes Continue reading →

Employers Must Obtain And Maintain Workers’ Compensation Insurance Coverage

Posted on February 9, 2012 by Todd Bennett

Your employer is required by law to have workers’ compensation insurance for you.

Every employer not in agriculture, farm or ranch operations is required to obtain and maintain workers’ compensation coverage for all employees. Those employers who voluntarily and willfully fail to obtain and maintain coverage violate the law and subject themselves to significant risks.

If you are an employee who is injured in the course of your employment and you learn that your employer has not maintained workers’ compensation coverage for you, you can either file a claim against the employer in civil court or file a claim in the Workers’ Compensation Court.

Employers who try to avoid their legal obligations and avoid providing workers’ compensation coverage expose themselves to monetary judgments in civil court, stop-work orders from the Attorney General’s office, injunctions from continuing to operate their business, assessments against their property, daily penalties of Continue reading →

Workers' Compensation Watch

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Category Archives: Workers’ Comp’ Basics

Falling Asleep On The Job: Insufficient Sleep Is A Compensable Condition

Does Moving To A Different State Affect My Workers’ Compensation Case?

Seasonal Workers’ Work Comp Is Paid Differently in Nebraska

Report Injuries Right Away Or Risk Losing Compensation

Dirty Tricks Employers Use To Keep You From Getting Benefits

Returning to Work Shouldn’t Be This Hard

What Nebraskans In Farming Industries Should Know About Workers’ Comp

Employers Must Obtain And Maintain Workers’ Compensation Insurance Coverage

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