Author Archives: Todd Bennett

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

Posted on July 10, 2014 by Todd Bennett

Do 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 Right to a Safe Workplace

Posted on February 13, 2014 by Todd Bennett

Under federal law, every employee has the right to a safe workplace. If you believe your workplace is dangerous and changes in safety policy are ignored, you can request an inspection from OSHA (Occupational Safety and Health Administration).

Workers’ compensation, which is regulated on a state-by-state level, covers medical bills, lost wages, disability and vocational rehabilitation services for employees injured on the job. If you have any questions regarding these benefits, please contact an experienced lawyer in your area.

If you believe you work in an unsafe work area, here are some tips to be aware of to make sure your workplace is as safe as possible, and you protect yourself from significant injury:

Know the hazards in your workplace.
While in a seated position, keep your shoulders in line with your hips. Use good form when lifting.
Injuries occur when workers get tired. Take breaks when you’re tired.
Do not skip safety procedures just because it makes the job easier or quicker. Using dangerous machinery is the one of the leading causes of work injuries.
Be aware of where emergency shutoff switches are located.
Report unsafe work areas.
Wear proper safety equipment.

If you are injured due to an unsafe workplace, and you are unsure of the benefits that you are entitled to, contact an experienced attorney in your area.

Attendant Care Potential Benefit for Injured Workers

Posted on December 9, 2013 by Todd Bennett

Wage loss, or disability benefits, and medical care benefits are standard in Nebraska and Iowa workers’ compensation claims. However, insurance carriers want to save money and are not forthcoming in letting one know about all available benefits.

Attendant care is one of those benefits. The insurance company must pay for the cost of attendant care from a nurse or other skilled individual to help with activities of daily living. Some examples are assistance with mobility, bathing, using the bathroom, eating, dressing, and taking medications.

Your family members can also be compensated for these same duties in providing attendant care. A family member is generally entitled to the same hourly rate as a professional and should be paid accordingly.

The first and most important part of this is to have the doctor determine the medical necessity of the care. Then it must be determined what type of attendant care is needed and the time frame for it.

Here’s how to protect yourself. Be sure to tell your doctor about all the problems you are having at home. Ask for a prescription for attendant care so you can get assistance from a qualified professional or from your family.

An experienced workers’ comp attorney can discuss all of your options and ensure you receive the full value of benefits and compensation available to injured workers.

Examples in Nebraska case law:

Modifications to an injured worker’s home given that two physicians recommended the changed to allow the worker to function better while he recuperated from surgery, and the modifications relieved the pain caused by his loss of independence to enter and function in his own home. Miller v. EMC INS Co 259 Neb 433 (2000).

Employer is responsible for making his home handicapped accessible. Koterzina v. Copple Chevrolet 1 Neb App 1000 (1993).

The Nebraska Workers’ Compensation Court may allow an employee to recover the reasonable value of necessary home nursing care furnished by the employee’s spouse. Kidd v. Winchell’s Donut House 287 Neb 176 (1991).

More specifically, ordinary, noncompensable housekeeping tasks include cleaning, preparation of meals and washing and mending clothes. Compensable tasks include serving meals in bed, bathing and dressing, administering medications and assisting with sanitary functions. Quinn v. Archbishop Bergan Mercy Hospital 232 Neb 92 (1989).

Small Increase Predicted for Social Security COLA

Posted on October 21, 2013 by Todd Bennett

Social Security benefits are slated to go up, but not by much. “The cost-of-living adjustment in Social Security for 2014 is likely to be very small, marking the fourth year in the last five that recipients receive little or no increase in benefits,” according to a recent CNNMoney article.

The American Institute for Economic Research estimates the increase to be 1.4% to 1.6%. Last year’s increase was 1.7%, and the 2012 increase of 3.6% was the only “significant rise in benefits in recent years,” according to the article.

If there are questions about your specific legal situation, please contact the firm.

How Can Complex Regional Pain Syndrome (CRPS) Be Treated? (Part 2)

Posted on September 10, 2012 by Todd Bennett

Treatments can vary as symptoms change over time.

Today’s post is continued from last week, when we discussed the symptoms of Complex Regional Pain Syndrome (CRPS). Today we will discuss treatment options.

The job of your doctor is to identify and treat your symptoms before they become incurable. Common forms of treatment for CRPS are

physical therapy
injections
sympathetic mediated injections
sympathetic blocks
nerve conduction studies
CT scans
vasomotor studies
Doppler studies
bone-density tests
medications for pain & anti-inflammation

No single form of treatment has been found 100% effective. Continue reading →

What Is Complex Regional Pain Syndrome (CRPS)? (Part 1)

Posted on September 6, 2012 by Todd Bennett

Diagnosis of CRPS is made through process of elimination.

Representing clients with chronic pain is both one of the hardest and most rewarding parts of my job.

The International Association for the Study of Pain sets forth four diagnostic criteria for Complex Regional Pain Syndrome (CRPS):

an initiating event,
continuous pain,
edema, temperature, or color differences affecting a limb, and
excluding all other causes.

These criteria are vague but, because diagnosis of CRPS is elusive, they are the established criteria for a physician identifying and treating chronic pain that cannot be attributed to any other cause.

When your doctor believes the pain you are experiencing is out of proportion to your examination findings and the severity of your injury, it creates a problem. However, this is quite common when suffering from complex regional pain syndrome. While those who suffer from CRPS are often frurstrated because the exact cause of the pain cannot be proven, the medical literature confirms that this disease, and the resulting pain, is real!

The 3 stages of complex regional pain syndrome, ie. chronic pain, are variable but the descriptions below show how the disease can progress: Continue reading →

If I am Hurt on the Job, What Should I Tell My Doctor?

Posted on August 6, 2012 by Todd Bennett

One of the most important parts of any case is the history of your injury that you provide to your doctor when you first see him or her.

If you were hurt during a specific incident, make sure to tell your doctor how you were hurt, when you were hurt, where the injury took place, and who else was present. Tell him about the pain and symptoms that you have been experiencing. Also be sure to describe in detail all of the body parts that you have injured. Even if one injury hurts more than the others, make sure to tell your doctor about every single injury.

If you have been hurt by repetitive-work activities, be specific about the number of movements that you make. For instance, tell your doctor about the number of times you lift or grip things in an hour, day, or week.

If you have been hurt by exposure at work, whether it is to a hot, humid environment, chemicals, or any other environmental condition, be specific when you tell your doctor about the pain and symptoms that you have due to that exposure.

If you leave work and become better, and then return to work and experience an increase in your symptoms, be specific when you tell your doctor about any changes in your condition.

It is important to be accurate and honest the first time that you seek treatment with your doctor, for both your health and your workers’ compensation claim.

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

Posted on July 30, 2012 by Todd Bennett

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.

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

Published by:

Author Archives: Todd Bennett

Workers’ Comp Covers Work-Related Motor Vehicle Accidents

The Right to a Safe Workplace

Attendant Care Potential Benefit for Injured Workers

How Can Complex Regional Pain Syndrome (CRPS) Be Treated? (Part 2)

What Is Complex Regional Pain Syndrome (CRPS)? (Part 1)

If I am Hurt on the Job, What Should I Tell My Doctor?

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

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