Tag Archives: accident

Counterclaims in Nebraska Workers’ Compensation

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nebraska-supreme-courtEarlier this year, the Nebraska Supreme Court struck down the ability of defendant-employers to file counterclaims in workers’ compensation cases. See Interiano-Lopez v. Tyson Fresh Meats, 294 Neb. 586 (2016).

What does this mean for workers?

The biggest advantage this decision has for workers is the fact that a worker may dismiss a case at any time without prejudice under § 48-177 without having to worry about a counterclaim still hanging out there. In other words, this decision could prevent employers from forcing a trial before plaintiff is ready or if plaintiff wants to wait for trial until after the she or he is done treating.

Another benefit of this recent decision might be a little less obvious. Under Thomas v. Washington Gas Light Co., the U.S. Supreme Court held that a worker may be able to have workers’ compensation coverage in multiple states for the same accident/injury. The reason this is important with respect to counterclaims is that the injured worker now has the ability to dismiss the lawsuit to allow for potentially more-favorable benefits in another state, while still maintaining the option to return to Nebraska jurisdiction at a later date if necessary.

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 Supreme Court, Workers' Compensation and tagged , , , , .

Workers’ Compensation Basics: Understanding Medical Care and Treatment

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Doctor_examines_patientThis blog post is the next in the series that examines the basics of workers’ compensation.

The first, and perhaps most important, workers’ compensation benefit is the medical benefit. This is a workers’ compensation benefit that includes payment of all treatment for a work injury. The treatment can be as small as stitches from a cut finger all the way to complex spine surgery. Regardless, the treatment and medical care should be covered 100 percent by the employer or workers’ compensation insurance company. There is neither co-payment nor deductible due for the treatment for the work injury. This medical coverage for work injuries can potentially last for life, depending on the injury and circumstances.

Not only is all treatment, like surgery, covered for work injuries, but so are other methods of rehabilitation: like physical therapy and medication. In other words, there should not be any co-payments for physical therapy, prescription medication, or other medical devices. Further, the mileage traveling to and from the treatment (or even to the pharmacy) should be reimbursed. This year that rate is 57.5 cents per mile.

These tips below are important to ensure that all of your medical bills and prescriptions for your work injury continue to be properly paid in full.

When you go to your doctor for treatment, make sure to inform your medical provider that you are seeing them for a work-related injury or illness, and ask them to send the bills to your employer. Also, make sure to thoroughly explain to your medical provider how you were injured or how you became ill. Give details about how the accident or work activities injured you or made you sick. Finally, inform the medical provider everything about your injury or illness: where you hurt, how the pain feels, your ability to function at home and work, etc. If your doctor wants you to avoid certain activities in order to promote healing, be sure to get a written copy of those restrictions from your doctor.

Look for information about choosing a physician (physician choice) to treat a work injury in an upcoming blog post in the workers’ compensation basics series.

Read the previous blog posts in the series by clicking on these links:

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 Cancer, Doctor, health insurance, healthcare, mental health, prescription drugs, Workers' Comp Basics, Workers' Compensation and tagged , , , .

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

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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 , , , , .

Truck Driver or Traveling for Work, Fun? Watch for Trains at Crossings

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Crashes between trains and semi trucks, pickups, buses or cars rarely end well for the vehicle that’s not the train. It seems to me that there have been a disturbing number of these crashes that have made news nationwide within the past couple of months or so. Nebraska is not immune from this trend, sadly, as here are three examples of varying details that just happened over the course of a recent month.

Just recently, “James Hubbard of Dakota City was driving east across the tracks when his rig was hit by a northbound train,” according to a news article on Journalstar.com, Lincoln, Neb.’s, local newspaper. This television coverage gives more details. Sympathy and thoughts go out to Mr. Hubbard’s loved ones.

Another story in the past month came from within the state around west-central Nebraska, near North Platte. A semitrailer loaded with 68 cattle was hit by a Union Pacific passenger train, and no humans were hurt, although a number of cattle died, were hurt, or escaped the semi’s trailer.

Although it’s reassuring that no one was hurt in the next recent story, it’s also important to let someone know if your vehicle gets high-centered on railroad tracks. This situation, also near North Platte, elaborates on that scenario.

In addition, though not in Nebraska, here are links to three other recent accidents between trains and trucks: one in California, one in Indiana, and one in Florida. According to the news reports, no one was hurt, though all situations were definitely dangerous.

Because attorneys and staff members of Rehm, Bennett & Moore work with injured truckers through the website truckerlawyers.com and various related social-media outlets, I am convinced through my interactions with truck drivers that the vast majority are extremely safety-conscious and careful. But I urge all, regardless of what kind of vehicle you drive, to have a renewed diligence at train crossings.

In fact, my family lives within a mile of a set of very busy train tracks, and on any given day, I usually cross tracks around Lincoln, Neb., around 10 times. So although it is sobering that it takes another person’s death as a reminder, I, too, will encourage my friends and family to follow through on these tips that can be found on the Operation Lifesaver website, which is an excellent resource for truckers and all drivers.

  • “Trains and cars don’t mix. Never race a train to the crossing — even if you tie, you lose.
  • The train you see is closer and faster-moving than you think. If you see a train approaching, wait for it to go by before you proceed across the tracks.
  • Be aware that trains cannot stop quickly. Even if the locomotive engineer sees you, a freight train moving at 55 miles per hour can take a mile or more to stop once the emergency brakes are applied. That’s 18 football fields!
  • Never drive around lowered gates — it’s illegal and deadly. If you suspect a signal is malfunctioning, call the 1-800 number posted on or near the crossing signal or your local law enforcement agency.
  • Do not get trapped on the tracks; proceed through a highway-rail grade crossing only if you are sure you can completely clear the crossing without stopping. Remember, the train is three feet wider than the tracks on both sides.
  • If your vehicle ever stalls on a track with a train coming, get out immediately and move quickly away from the tracks in the direction from which the train is coming. If you run in the same direction the train is traveling, when the train hits your car you could be injured by flying debris. Call your local law enforcement agency for assistance.
  • At a multiple track crossing waiting for a train to pass, watch out for a second train on the other tracks, approaching from either direction.
  • When you need to cross train tracks, go to a designated crossing, look both ways, and cross the tracks quickly, without stopping. Remember it isn’t safe to stop closer than 15 feet from a rail.
  • ALWAYS EXPECT A TRAIN! Freight trains do not follow set schedules.”

Being armed with information is important, so here are links to three more Operation Lifesaver sites:

Crossing Collisions & Casualties

Grade Crossing Fatalities by State (Top 15)

Collisions by State (Top 15)

In addition, Operation Lifesaver does outreach specific to truck drivers and company safety programs, so contact them to learn more about taking advantage of those training options.

The reality is that just as all drivers need to avoid distractions and drive defensively, it is imperative that truckers, those traveling for work, and really, all drivers, pay attention to what’s around them, especially when it comes to crossing train tracks.

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 car, rail road, railroad, railroad crossing, truck driver, trucker and tagged , , , , .

What to Tell Your Employer if You’ve Been Hurt on the Job

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If you’ve been hurt on the job, one of the main things you need to remember is to notify your employer after the accident.

When should you do that? As soon as is practical after the accident.

Whom should you tell? Tell your supervisor or a lead person at your company. If there was a witness to the accident, also tell that person. In addition, you may want to tell a company nurse or human-resources director.

How do you report the accident? This can be verbal, but the best way to report your accident is in writing. Most employers have accident forms – if your employer has one, use that to report the incident.

When you fill out the form, be specific about how you got hurt, when you got hurt, the date of the accident, who was there, and the pain and symptoms that you have suffered due to that experience. Be specific when you describe the body parts you injured. You may have a primary injury, such as an injury to your back or your neck. Or, you may have a secondary injury, such as an injury to your arm, shoulder, or leg. Make sure you tell your employer about every single injury that you suffered in the accident by writing it down on the accident form.

If you have any questions about whether you have properly notified your employer of an accident, seek the advice of an experienced workers’ compensation attorney and discuss your claim with them.

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 Workers' Compensation, Workplace Injury and tagged , , .