Tag Archives: Stress

Workers’ Compensation Basics: Emotional, Psychological Injuries in Nebraska

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nurseThis blog post is the next in a series that examines the basics of workers’ compensation. It gives information on the compensability of emotional or psychological injuries in Nebraska.

The Nebraska Supreme Court recently released a new opinion in Hynes v. Good Samaritan Hosp., 291 Neb. 757 (Sept. 4, 2015) concerning the causation standard for emotional or psychological injuries in workers’ compensation injuries. This is a favorable decision for injured workers in Nebraska, and very necessary progress in the recognition and legitimization of these types of injuries. It is also progress in the struggle against the stigma associated with mental-health issues in general.

The plaintiff in the Hynes case was attacked by patients on three separate occasions while working as a nurse. She suffered some physical injuries, but ultimately required extensive treatment for major depressive disorder and PTSD and was unable to work due to her mental injuries. This decision clarified that where there is sufficient evidence to find that a psychological injury is directly related to the accident and the employee is unable to work, the employee is entitled to compensation. Before this decision, plaintiffs were generally met with the burden of showing their mental injury was directly linked to ongoing pain from a physical injury.

Nebraska law does still require a work-related accident and physical injury for most injured workers (there is an exception for mental injuries unaccompanied by physical injuries for an employee who is a first responder). An injured worker must suffer some “violence to the physical structure of the body,” rather than an injury caused by a mental stimulus only. Additionally, even where an injured worker has suffered a physical injury, mental injuries entirely attributable to other factors – such as the stress of litigating a workers’ compensation claim, where there is no physical injury related to the mental injury – are considered an intervening event and therefore not compensable. Where a mental injury is attributed to both a physical injury and the psychological stress of issues such as immobility and inability to work, the claim may be compensable.

Just like most physical injuries, proving a mental injury is related to a work-related accident requires that an injured worker seek treatment and obtain an expert opinion from a doctor. The doctor must find that the injured worker sustained physical and psychological injuries as a proximate result of a work-related accident.

Working toward recovery from a mental injury can take as long as or longer than recovering from a physical injury, and the effects can result in vast negative repercussions for an injured worker and their family. Receiving medical and psychological care and other compensation while in the recovery process can make all the difference in the world to the ultimate outcome for an injured worker dealing with a mental injury. Determining whether you have a compensable claim, and obtaining this care and compensation can be complicated, so consult an experienced workers’ compensation attorney for help.

Please read the previous blog posts in the workers’ compensation basics series by clicking on these links:

The offices of Rehm, Bennett, Moore & Rehm, 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 doctors, mental health, Mental Injuries, PTSD, Workers' Comp Basics, Workers' Compensation and tagged , , , , .

Jobs, Injuries Differ for Working Women and Men

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Women and men tend to have different kinds of workplace injuries.

Men and women are different. Not surprisingly, men and women in the workforce are also different. Although women often perform the same jobs with the same hours as men, statistically, men and women tend to perform different kinds of jobs. Given this, as well as the anatomical differences between men and women, women often face different health challenges in the workplace.

When looking at types of work-related injuries, the U.S. Bureau of Labor Statistics reports that women generally account for more work-related cases of “carpal tunnel syndrome, tendonitis, respiratory diseases, infections and parasitic diseases, and anxiety and stress disorders.” The Centers for Disease Control and Prevention (CDC) also points out that social, economic and cultural factors often put women at more risk in the workplace. Many women perform part-time, temporary, or contract work, all with lower incomes and fewer benefits. Notes the CDC, “[l]ike all workers in insecure jobs, women may fear that bringing up a safety issue could result in job loss or more difficult work situations. They may also be less likely to report a work-related injury.” The CDC also found that immigrant women are particularly at risk due to barriers related to immigration status, work-life balance, and types of industries and jobs they work in.

Violence in the workplace is also an issue that is statistically more likely to affect women than men. For example, the U.S. Bureau of Labor Statistics found that in 2013, 13 percent of occupational injuries or illnesses that resulted in days off work in the health care and social assistance sector – fields dominated by women – were the result of violence. This is compared to 4 percent of cases overall in the private sector. An alarming figure provided by the Bureau shows that, although women’s share of the number of fatal occupational injuries is significantly lower than men’s, violence (homicide) was the second leading cause of occupational fatalities among women. Of the 302 occupational fatalities suffered by women in 2013, 97 (approximately 31 percent) resulted from violence. Violence accounted for only 6 percent of fatalities among men.

The experienced lawyers at Rehm, Bennett & Moore navigate clients through the process of obtaining compensation for all types of work-related injuries, whether you are facing any of the workplace health challenges listed above or something completely different. We will be hosting a booth at the 2015 Lincoln Women’s Expo held at the Lancaster Event Center this Saturday from 10 a.m. to 6 p.m. and Sunday from 10 a.m. to 5 p.m. If you have questions or concerns about a workers’ compensation or personal-injury issue, please stop by for a consultation.

The offices of Rehm, Bennett, Moore & Rehm, 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 gender, men, women, work injuries, workplace violence and tagged , , , , , , , , .

James Brown and Attorney/Client Relations

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Artist James Brown

Today’s post comes from respected colleague Leonard Jernigan of The Jernigan Law Firm in North Carolina. His reflection on the documentary about legendary funk musician James Brown is a great philosophy for working with clients and can also be applied to many other situations in life. In this season of giving and the hustle and bustle toward the end of the year, give yourself permission to think about how this year has gone and what your goals are for next year. Take care, and be safe.

If you haven’t seen the recent movie or HBO documentary on James Brown, you should check it out. He made me think about these top ten client relation tips:

  1.  Treat all clients with respect and dignity.
  2.  Try to understand the stress that our clients are under, especially when they are upset.
  3.  At the same time, do not tolerate verbal abuse from clients. Respect works both ways.
  4.  Keep boundaries. Clients need you to have an objective view, not become their best friend.
  5.  Clients don’t care how much you know, until they know how much you care.
  6.  Be honest in all things, at all times. Keeps you out of trouble.
  7.  Building good relationships are the foundation blocks of success.
  8.  Keep the client informed about what you are doing.
  9.  Be prepared and be thinking about going to trial from the first day. Cases settle more often and you get better results when you are prepared.
  10. Think about James Brown. He was the “hardest working man in show business” for a reason. He gave it everything he had, and it showed.

 

 

The offices of Rehm, Bennett, Moore & Rehm, 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 Attorney-Client Relations and tagged , , , , .

Is Your Workplace Making You Sick?

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New studies shed light on ways that workplace stress can be hazardous to your health.

Serious disabling medical conditions can arise from workplace stress. A recent study showed that people working long hours (11+) are more than twice as likely to experience major depression than those who work only 7-8 hours a day. Another study discovered that stressed workers have a 67% greater risk of heart disease. And other studies mention that “long working hours” lead to more risks of anxiety and a reduced ability to both think and sleep well.

Marianna Virtanen, one of the newest study’s authors, recently gave some tips to workers on ABCNews.com. One of her tips is to: “Make a distinction between work and leisure; don’t skip your holidays; take care of your health and well-being, especially sleep and exercise.” With Americans now working more hours than many of their counterparts in other countries, workers need to be proactive in taking caring of themselves.

But it isn’t just up to the workers. Psychological illnesses and depression cost companies money and result in less worker productivity, according to the CDC’s National Institute for Occupational Safety and Health. Without buy-in from employers and workers, the personal and corporate costs from psychological illness will never be reduced.

Unfortunately, Nebraska law Continue reading

The offices of Rehm, Bennett, Moore & Rehm, 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 Mental Injuries and tagged , .

Mental Injuries in Workers’ Compensation

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Today we’re featuring another guest post by our colleague Tom Domer of Wisconsin. Here Tom shares the legal tests that establish whether damages for mental injury will be awarded. For mental injuries following a physical injury, the standard is “Is the mental disability… related to the work injury?” For cases that don’t involve a physical injury, some states require that the stress that triggered the mental injury be extraordinary “beyond those stresses than the day to day emotional strain and tension which all employees must experience.” While these criteria can be difficult to meet, mental injuries are real and can be as debilitating as physical ones.

From time to time, headline stories appear in the national news about workers claiming compensation benefits for “mental stress” injuries.  Continue reading

The offices of Rehm, Bennett, Moore & Rehm, 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 Mental Injuries, Workers' Compensation and tagged , , , .