Tag Archives: Lincoln

Lincoln skywalks promote safety in all seasons

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Lincoln’s Skywalk system helps prevent slip and fall injuries in the winter.

As snow and ice return to Lincoln, discussions between downtown Lincoln businesses and city officials about the future of the Skywalk system become even more important to workplace safety.

The skywalks once served as an indoor mall in downtown Lincoln connecting stores, parking garages and hotels. (My mom worked at Miller and Paine in the 1970s and 1980s in a building that now houses Nelnet) The skywalks and buildings served by them mainly serve office workers in downtown Lincoln. I frequent the skywalks when I have work obligations downtown. Many major downtown employers, such as Nelnet, subsidize employee parking in various downtown garages. Employees can access those garages through the skywalks.

Downtown parking garages can also be accessed from the street. But with winter comes ice and the risks of slips and falls. The question becomes who would be responsible for a slip and fall when an employee is walking to and from a company assigned and subsidized parking spot off-site. Arguably a slip and fall in this situation would be covered under workers’ compensation under the “parking lot” rule articulated in Nebraska in Zoucha v. Touch of Class Lounge. It’s also possible that an employee injured while walking to and from employer subsidized public transportation, could have a workers’ compensation claim as well.

In theory, indoor walkways like the skywalk system would reduce the chances of slip and fall accidents. But from a recent observation, maintenance is lacking some parts of the Skywalk. I observed a leaky roof that lead to wet carpet on an internal walkway in the US Bank building in August.

I recently represented a downtown office worker who feared being assaulted walking to her parking spot late at night. Skywalks can help reduce the risk of employees being assaulted on the way to their cars.

My view is that downtown business owners and the city need to work together to maintain the skywalk system in the interest of worker safety.

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 Lincoln, Nebraska, Workers Compensation and tagged , , , , , .

Lincoln needs more bus benches

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Star Tran bus stop near 9th and P

Spending for Star Tran, Lincoln’s public transit system, will be an item of discussion as the city council holds a public hearing on the city buidget today. I agree with public transit advocate and retired attorney Richard Schmeling that Lincoln needs more bus benches and bus shelters.

According to Schemling, only 100 out of 800 stops have a bench and/or shelter. The number of bench/shelterless stops increased as Lincoln shifted routes onto arterial streets in a move that has increased ridership by 11 percent.

Bus benches and shelters are a matter of basic human dignity. The fact that someone taking the bus to work as a housekeeper or nursing aide can’t sit down or get out of the elements while waiting for transportation makes me feel sad and angry. The lack of benches and shelters is quite visible along South 13th Street with  groups of people stand along the street waiting for the bus.

Lincoln touts its innovation in transportation. We are testing a driverless shuttle. We have rental bikes. Lincoln also touts its use of green technology. We have a park bench/charging station powered and covered by a solar panel. Lincoln also touts its public art  which improves the quality of life in the city. I would like to see that same focus on innovation and aesthetics applied to improving the comfort and experience for riders of our public transportation system. This would raise the quality of life within the city of Lincoln.

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 City Council, Lincoln and tagged , , .

Uber: A Tale of Two Cities

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While London’s ban of ride-hailing service, Uber, seems poised to continue for the forseeable future, Lincoln, Nebraska may soon lessen formal regulation for Uber drivers.

The Lincoln City Council is scheduled to vote on an ordinance on October 16th that would formally eliminate a requirement that Uber and Lyft drivers pass a physical, background check and test about Lincoln that taxi cab drivers currently have to pass in order to drive a taxi in Lincoln.

According to city officials, this requirement is not currently being enforced. The ordinance has the public support of Mayor Chris Beutler and at-large City Councilwoman Leiron Gaylor-Baird. Supporters of the ordinance cite a decrease in drunken driving from ride hailing as well as a decrease in traffic and increase in downtown parking.

Taxi cab companies state the ordinance lets unqualified drivers on the street and presents unfair competition to traditional taxi cab companies. What hasn’t been eluded to in the debate over ride hailing litigation in Lincoln, but has played more prominently in the London debate, is the fact that ride-hailing companies treat their drivers as contractors which excuses them from paying basic employee benefits like unemployment and workers compensation insurance. This allows services like Uber to undercut traditional taxis on price.

The City of Lincoln doesn’t have a workers’ compensation ordinance. But allowing Uber competitive advantages over taxi cab companies indirectly impacts workers compensation because if Uber takes market share away from traditional taxi cabs fewer drivers will be covered under workers compensation.

Lincoln does a have a human rights ordinance that covers more employees than either state or federal anti-discrimination laws. By allowing Uber a competitive advantage over traditional taxi cab companies, Lincoln is potentially excluding workers from coverage of that ordinance since Uber denies it is an employer. Traditional taxi cab companies are subject to Lincoln’s human rights ordinance.

Many business observers have argued that Uber’s biggest innovation is “regulatory arbitrage.” Regulatory arbitrage is a fancy word for lobbying. Uber hired former Obama advisor David Plouffe. In the United Kingdom, Uber’s chief lobbyist is the godfather to one of the children for former Prime Minister David Cameron. It’s safe to state that a lot of Uber’s supposed innovation stems from old-fashioned lobbying.

Other cities, most prominently Austin, Texas, have attempted to regulate Uber by imposing the same requirements on ride hailing drivers that they do on taxi drivers. Uber was able to successfully lobby the Texas Legislature to pass a state law that preempted municipal regulation of ride-hailing services.

Though the tech sector is regarded by some as an advocate for LGBT rights, Uber was willing to accept an amendment to the Texas preemption legislation that promoted discrimination against transgender individuals.

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 employment law, Government, Legislation, Workers' Compensation and tagged , , , , .

Lincoln Vital Signs 2017 Report Omits Workplace Injury Statistics

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Why were workplace injury statistics left out of Lincoln Vital Signs report?

The 2017 Lincoln Vital Signs report produced by Prosper Lincoln was an interesting and wide- ranging report about demographics and the economy in Lincoln. (Anyone who is interested can read the entire report by clicking here.) But the exclusion of information about workplace safety in Lincoln was puzzling and possibly telling.

In a report chock full of statistics about safety and the workforce in Lincoln, there was no mention about the number of workplace injuries and/or deaths in Lincoln. The Nebraska Workers Compensation Court tracks workplace injuries and deaths statewide.  In Fiscal Year 2016, the last year statistics were available, there were nearly 40,000 reported workplace injuries in Nebraska and 40 reported workplace deaths. By a rough estimate, nearly 6000 of those workplace injuries would have taken place in Lincoln and roughly six of those workplace deaths would have taken place in Lincoln.

By way of comparison, from 2006-2016 Lincoln averaged roughly six homicides per year. In short being killed on the job and being killed in a murder are as about as common in Lincoln. In fact, last year a convenience store clerk was murdered on the job in northwest Lincoln.

There is an old adage that goes “Measure what counts and what counts is measured.” If workforce deaths and injuries aren’t measured in Propser Lincoln’s “Vital Signs” does that mean that workplace safety doesn’t count in Lincoln, Nebraska because it wasn’t measured?

It might be harsh to conclude that workplace safety doesn’t matter to groups like Prosper Lincoln, but if you look at who is behind Prosper Lincoln you can see why concerns about workplace safety may have been excluded. Propser Lincoln is heavy on voices from the business community, government, academia and the non-profit sector. There aren’t a lot of voices for employees who are part of Propser Lincoln. I believe that many of these people, some of who I am friends with, are for the most part well-meaning but live in such a white-collar world that the idea of getting hurt at work is almost far-fetched. Maybe this cloistered mindset explains why a supposedly comprehensive report about Lincoln’s economy excludes information about workplace safety. Maybe the same mindset explains ignoring fairly well-publicized links between work injuries and poverty.

City and local governments can take actions to promote workplace safety. Many cities have taken actions to protect convenience store clerks and and other retail workers who work overnight shifts.  Sometimes occupational safety and public safety are thought of as separate topics, but protecting retail workers is something that comprises both public and occupational safety. Protecting retail workers from violence in Lincoln would be a good first step, counting workplace fatalities and injuries within the City of Lincoln would be another.

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, Workplace Safety and tagged , , , , , , .

How Do Nebraska Workers’ Compensation Judges End Up on the Bench?

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There are seven judges who are active in the Nebraska Workers’ Compensation Court. These judges are solely workers’ compensation judges and do not hear any other cases outside of the Nebraska Workers’ Compensation Court. Four of the judges have offices in Lincoln, and three have offices in Omaha, but the seven judges cover the entire state. Trials are conducted by these judges in the county where the work-related injury occurred. If the injury occurred outside of the state, the hearing is held in Lincoln or in any other venue to which the parties agree.

How do these judges end up on the bench? The workers’ compensation judges in Nebraska are not elected, unlike in some states. Instead, like all state-court judges in Nebraska, a pool of judicial candidates is screened and narrowed by a judicial nominating commission. These commissions are made up of both lawyers and laypersons from both political parties and also independents. After the narrowing process, the governor appoints a judge from that limited group. After the appointment, every six years, the judge will be up for a vote of the general public as to whether the judge should be retained on the bench. If the vote is to retain the judge, then that judge remains for another six-year term.

A system like this does a good job of narrowing the candidates for the governor to a group of the most qualified. Further, this process usually limits politics in the judiciary and it is greatly preferable to the states where judges are simply elected. Here is a good video explaining why.

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 Courts, Government, Nebraska, Omaha, Workers' Compensation and tagged , , , .

Nebraska Convenience Store Clerks Need More Protection from Violence

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Lincoln residents awoke to find out that a convenience store clerk was killed early on Thursday morning at a store in northwest Lincoln. Unfortunately, this type of violence is not uncommon in Lincoln, Omaharural Nebraska or anywhere else in the United States.

While the federal government has long recognized the problem of violence against convenience store clerks working overnight shifts, it has been left to the states and even cities like Milwaukee and Irving, Texas, to write laws and regulations to protect convenience store clerks from violence.

The Indiana Department of Labor did a comprehensive study of measures taken by other states and cities on how they protect convenience store clerks from violence.  Common practices included bulletproof glass and cages to protect clerks in high-risk areas, security cameras, clear views of cash registers, and having at least two clerks on dangerous overnight shifts. Barriers around cash registers in particular would be crucial in high-risk stores that are robbed regularly because robbers will often jump behind unprotected counters.

Though the city of Omaha has done some proactive policing to protect convenience stores in the recent past, neither Omaha, Lincoln nor the state of Nebraska has any legislation, regulations or ordinances in place to protect convenience store clerks from violence. I would encourage Nebraska’s state senators and city council members in Omaha, Lincoln and other Nebraska cities to put laws in place to protect convenience store workers. If you do not know who your state senator is, you can look that up here. Omaha residents can click here to find out how to contact their city council member, and Lincoln residents can click here to find out how to contact their city council member. Nebraska has legislative elections this fall, and Lincoln and Omaha have city elections next spring. I would urge voters in these races to pay attention to which candidates have a good record and ideas about workplace safety and which candidates value profits over safety.

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 and tagged , , , , , .

Remember Workers’ Memorial Day

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Workers' Memorial DayToday, April 28, 2016, is Workers’ Memorial Day. Every year, Nebraska honors workers who lost their lives on the job and their families with a ceremony on the steps of the State Capitol building, 1445 K St., in Lincoln. The ceremony begins at 7 tonight.

When I am in town, I attend. I am always angered, saddened, moved and ultimately encouraged after each ceremony. All of the deaths were preventable with more attention to safety. The pain and distress of the families is hard to see. The words and musical performances are heartfelt and genuine. The crowd, regardless of the weather, seems to be growing, which shows more concern for worker safety and workers’ compensation.

Come to the Capitol this year. Honor the departed workers and their families. Keep caring about workers and the laws that protect and compensate them. We have to remain vigilant and involved. I hope to see more new faces this year.

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 Events, holidays, Workers' Compensation and tagged , , , .