Tag Archives: trauma

Trouble Flexing Your Foot Up? You May Have Foot Drop.

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Today’s blog post was written by Anthony L. Lucas from The Jernigan Law Firm in North Carolina. I think that consumers and those who have loved ones with this condition will find this information useful. Just like in a previous blog post that Mr. Lucas wrote, it is helpful to have more details about a medical concern, so a person can have the knowledge to ask questions for greater understanding of a person’s individual situation.

Though each case’s details are different, in general, if foot drop is a result of you or your loved one’s work-related injury, it is more than likely covered by a state’s workers’ compensation laws. There are some exceptions in Nebraska, so please contact a lawyer who is familiar with your state’s workers’ compensation system for more information and with your specific details.

Foot drop describes the inability of a person to lift his or her foot at the ankle due to weakness or paralysis of the muscles that lift the foot. Foot drop can be caused by several things including: an injury to the spinal cord, an injury to the nerve that controls the muscles involved in lifting the foot during hip or knee replacement surgery or during intramuscular injections, ALS, multiple sclerosis, Parkinson’s disease, or muscular dystrophy.

Symptoms of foot drop include dragging your foot on the floor when you walk, walking like you are climbing stairs to prevent your foot from dragging, and numbness on the top of your foot and toes. Treatment options depend on the cause and severity of a person’s drop foot and include orthotics such as braces or foot splints, physical therapy, or surgery including decompression, nerve sutures, nerve grafting, nerve transfer, or tendon transfer.

Depending on the cause of a person’s foot drop, it may not be a lifelong disability. If the underlying cause is trauma or nerve damage it is possible for a person’s foot drop to improve or go away completely; however, if the underlying cause is a progressive neurological disorder, foot drop will likely continue as a lifelong disability.

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 Workers' Compensation, Workplace Injury and tagged , , , , , , .

Brain Injury Association of Nebraska Advocates, Educates through Upcoming Conference

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BIANE_LogoBrain injury is caused by trauma, and it causes lifelong problems to which victims and their loved ones must adapt.

Our firm and our senior member, Rod Rehm, has represented victims of traumatic brain injury (TBI) since the early ’80s. Obtaining recognized evidence concerning most TBIs has been made much easier by associations such as the Brain Injury Association of Nebraska (BIA-NE).

This group of victims and their families have worked tirelessly to inform and educate the public and our lawmakers about TBI. BIA-NE has been a strong and effective advocate for victims and their families. There are a lot of really interesting and helpful resources on the website. In addition, the group hosts events that offer information and support, including an upcoming conference in Kearney from March 31 through April 1. The registration deadline is Friday, March 25, so please register for the conference through this link.

Organizers suggest the following people should consider attending this conference, according to the website:

  • “People with Brain Injuries
  • Family Members/Caregivers
  • Health Care Professionals (See For Professionals)
  • State Agency Personnel
  • Educators who work with brain injury or special needs children.
  • Law Enforcement Personnel
  • Anyone interested in issues and trends in brain injury”

In addition to the upcoming conference, BIA-NE also holds events that focus on supporting veterans and their caregivers.

TBI victims now face more accepting judges, juries and insurance companies as they seek proper treatment and compensation thanks to this inspiring advocacy.

Rehm, Bennett and Moore is proud that Rod Rehm has been designated as a Recognized Brain Injury Attorney by the Brain Injury Association of Nebraska.

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 Health, mental health, Nebraska, Safety violations, Workplace Injury, Workplace Safety and tagged , , , .

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 , , , , .

“No Trauma” Does Not Mean No Injury

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Today’s post comes from guest author Thomas Domer from The Domer Law Firm in Milwaukee. Although Nebraska doesn’t require a “single incident or episode” like Wisconsin, the terms “trauma” and “traumatic injuries” most definitely mean different things to different people. Context matters, and most injured workers don’t have a lot of experience with medical terminology and what it means. The legal profession has its share of jargon, but that’s part of the job of an attorney and their staff – to help clients navigate through both the jargon and process of their claims. But I agree with Mr. Domer that it would be much more helpful to injured workers if doctors spent a quick moment explaining what their jargon – especially using words like trauma – really means in the context of a work injury report.

I’ve been investigating Wisconsin and national fraud statistics in worker’s compensation to prepare for a national presentation I am making in Cape Cod in July. One fascinating and recurring basis for denial of worker’s comp claims (and potential claims against employees for fraud) stems from an insurance carrier’s review of the initial medical report.

Often the physician or emergency room nurse, physicians assistant or First Responder will ask an injured worker “Did you have any trauma?” If the answer to the question is “no”, the medical records will routinely indicate “no trauma”. This information is translated by the insurance carrier as a denial that an injury occurred. The level of medical sophistication for an injured worker is routinely limited. Most of my clients (and based on inquiries with other workers’ attorneys, their clients as well) believe a trauma is something akin to getting hit by a bus. They do not equate the notion of trauma with lifting a heavy object such as a table or a box. The criteria for traumatic injuries in most states, including Wisconsin, is that a single incident or episode caused the injury or aggravated a pre-existing condition beyond a normal progression. In many cases a lack of “traumatic injury” at the initial medical presentation is not an accurate indication of whether a traumatic injury actually occurred.

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 Workers' Compensation and tagged , , .