Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O
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January 2017 Archives

Tips to Remember After an Auto Collision That is the Fault of Another

1. Take pictures of the collision scene and damages to both vehicles. Most smartphone cameras are suitable. If your injuries and medical attention take priority and you are unable to take pictures at the scene, have someone you trust take pictures of the damage to the vehicles, even if later at a tow yard, before the evidence is destroyed.

Indemnity Rates and Mileage Rates for Injured Workers, New Judge Appointed to the Workers' Compensation Bench

Effective January 1, 2017, the mileage reimbursement rate for travel of injured workers to and from medical appointments was reduced from 54 cents per mile to 53.5 cents per mile. The maximum weekly compensation benefit rate increased from $785.00 to $817.00 effective that same date.

Does Violation of a Safety Rule Preclude Entitlement to Workers' Compensation Benefits?

Possibly. In Nebraska workers' compensation claims, benefits may be denied to an injured worker if they were willfully negligent at the time of the injury. Neb. Rev. Stats. 48-102, 48-107, and 48-151(7). Willful negligence consists of (a) a deliberate act, (b) such conduct as evidences reckless indifference to safety, or (c) intoxication at the time of the injury, such intoxication being without the consent, knowledge, or acquiescence of the employer or the employer's agent. Neb. Rev. Stat. 48-151(7). Generally, the deliberate defiance of a reasonable safety rule in place to prevent serious bodily injury to an employee will constitute willful misconduct in the absence of certain excuses. The factors that the Court looks at in determining whether a violation of an employer's safety rule should disqualify a worker from receiving workers' compensation benefits include:

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What Our Clients Say

  • " The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance.” - WN
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Lincoln Office
575 Fallbrook Boulevard
Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
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14301 First National Bank Parkway
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Omaha, NE 68154

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