Atwood LawWorkers' Compensation & Injury Lawyers2024-03-11T21:05:03Zhttps://www.atwoodlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303048/2023/12/cropped-logoo-32x32.pngby Atwood Lawhttps://www.atwoodlaw.com/?p=486002021-06-24T15:03:39Z2021-06-24T15:03:39ZWhat will workers’ compensation cover?
Workers’ compensation covers any “injury by accident or disease arising out of and in the course of their employment.” This generally requires that the injury result from some aspect your job duties (arising out of), and happen while you are on the clock or at work (in the course of), subject to some legal exceptions. This covers both acute injuries that happen in a specific point in time as well as cumulative injuries which are the result of your repetitive work. Some examples include:
Back strain from lifting a heavy box;
A broken bone from a fall while working;
Neck injuries after a car accident if you were driving as part of your job;
Carpel tunnel syndrome if caused by your continual repetitive work as part of your job;
Unless an injured worker is willfully negligent in causing their injury, workers’ compensation will not consider whether the employee is at fault for the accident when determining whether the employee is entitled to benefits. This means you are entitled to workers’ compensation benefits even where the injury might have been due to your own mistake or carelessness.
Can I treat with my own doctor?
Yes, in Nebraska your employer is required to provide you with a Form 50, which allows you to choose to seek treatment for your work injury from a doctor who has treated you or your immediate family member prior to the work accident, such as your primary care physician.
What should workers’ compensation pay?
Workers’ compensation has three types of benefits for work injuries: payment for medical care, wage replacement or disability benefits, and vocational rehabilitation services.
Workers’ compensation should cover all of your medical expenses and associated travel expenses incurred for treatment of your work injury. This includes medications, physical therapy, diagnostic testing, surgery, and mileage or other transportation costs for travel to your appointments. In addition, workers’ compensation covers future treatment you may need after you have recovered if that treatment is related to your original work injury.
If you miss time while you are recovering from your work injury, workers’ compensation will provide wage replacement weekly benefits at two-thirds of your pre-injury average weekly wage. These benefits are not taxable. Compensation is also payable if you are working part-time or for a reduced wage rate and therefore not earning your full wages due to your work injury. Once you have fully recovered, you will be entitled to a dollar amount based upon either the level of impairment to your body or the decrease in your ability to earn wages, depending on the type of injury and the part(s) of your body involved in the injury.
If you are unable to perform suitable work at similar earnings as compared to prior to your work injury, you are entitled to vocational services to help return you to work. This can include a job placement plan, retraining, or further education. You also received wage replacement benefits from workers’ compensation while participating in your vocational rehabilitation plan.
As another type of benefit available, a spouse and children of a worker who dies as a result of a work accident are entitled to benefits based upon the decedent’s wages, as well as funeral benefits.
What happens if my workers’ compensation claim is denied?
If your employer’s workers’ compensation insurer denies your claim, you may need to file a lawsuit in the Nebraska Workers’ Compensation Court. The compensation court is the only court in Nebraska that can resolve disputes between an injured worker and an employer who has denied the worker’s claim. Importantly, a lawsuit must be filed within two years of the date of the accident or the date the employer last paid for benefits, whichever is later.
How can an attorney help?
Attorneys familiar with workers’ compensation cases can come in at any stage in the process. If your claim is accepted, the attorney can provide assistance to ensure you receive all the benefits you are entitled to under Nebraska Workers’ Compensation Act while you focus on recovering from your work injury. During this time, workers’ compensation is often working with doctors to limit the value of your claim and it is helpful for you to have an advocate on your side to level the playing field. If your claim is denied, you need an attorney. Contact an attorney to help you determine whether to proceed with your claim. If you do have a claim, an attorney can file suit and help you proceed through the litigation process. If litigation is required, you are best served to have an experienced lawyer on your side.]]>On Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467632021-02-26T18:42:52Z2019-08-19T05:00:00ZOn Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467662021-02-26T18:42:55Z2019-08-13T05:00:00ZOn Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467692021-02-26T18:42:59Z2019-02-12T06:00:00ZOn Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467722021-02-26T18:43:03Z2018-09-07T05:00:00ZEric B. Brown Receives Super Lawyer Designation
Attorney Eric B. Brown was recently selected to the Thomson Reuters 2018 Super Lawyers List in the practice area of Personal Injury (Great Plains). The Super Lawyers list recognizes attorneys who have attained a high degree of peer recognition and professional achievement. No more than 5 percent of attorneys in the state are selected for this honor.
Christa Binstock Israel and Brynne Holsten Puhl Receive Rising Star Designation
Attorneys Christa Binstock Israel and Brynne Holsten Puhl have been selected to the Thomson Reuters 2018 Super Lawyers Rising Stars List in the practice area of Workers' Compensation (Great Plains). The Rising Stars list similarly recognizes attorneys who have attained a high degree of peer recognition and professional achievement. To be eligible for the Rising Star list, an attorney must be 40 years old or younger or have been practicing law for 10 years or less. No more than 2.5 percent of attorneys in the state are selected for this honor. Christa was also selected to the 2016 and 2017 Super Lawyers Rising Stars Lists.
The Super Lawyers' selection process for its Super Lawyers and Rising Stars list includes a state-wide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. A more thorough description of the selection methodology for these designations can be found here.]]>On Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467752023-10-31T14:10:38Z2018-08-07T05:00:00Z100 deadliest Days” for teen drivers.
Nationwide, summer months average 10 deaths a day from accidents involving teen drivers. This is a 14 percent increase compared to the rest of the year.
There are several factors that contribute to this increase in teenage driver accidents.
One of the main reasons is there are more teens on the road in the summer. Without school, teens have more free time, including time spent on the road. The more time on the road, the more chances for accidents.
Another factor is teenagers are staying up later and driving later into the night.
While Nebraska restricts drivers under 17 from driving (except to school or work) from 12:00 AM to 6:00 AM, teens driving after dark face limited visibility and more wildlife on the road.
In the summer months, more teens are carpooling. Friends ride together to go fishing or see a movie. The more people in a car, the more distractions. Distracted driving is an issue with all age groups, and the problem doesn’t skip teen drivers.
Speed also plays a role in these crashes. According to the AAA article, 29 percent of all fatal teen crashes were speed-related.
Summer has much better driving conditions than the winter, with Nebraska roads clear of snow and ice. This can lend a false sense of security for drivers, and encourage faster driving.
If you have a teenager, the beginning of summer is a good time to talk about safe driving habits. Make sure they know what you expect from them when they’re behind the wheel.
Encountering distracted or dangerous drivers on the road is scary. If you’ve been in an accident with a distracted driver, a skilled personal injury attorney can make sure you are treated fairly.]]>On Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467782021-02-26T18:43:08Z2018-03-05T06:00:00ZDo not give up hope
Having your workers’ comp claim denied is actually fairly common. Insurance companies are in the business of protecting their bottom lines. Paying out claims means fewer profits for them. So, even legitimate claims can be rejected initially in efforts to discourage you from taking further action. You have the right to find out why your claim was denied and to further prove why you deserve these necessary and legally mandated benefits.
Keep all of your records secure
Medical reports, bills, sworn statements of your abilities, and your initial claim documents are all important evidence in your case. Make a habit of keeping anything related to your work injury together, perhaps in a file or folder, and store this information in a secure place. Consider backing up copies of this information "to the cloud" online, just in case. These documents will be necessary in building your case for renegotiation with the insurer or in case the matter proceeds to court.
Lawyer up
If you haven’t already done so, consider hiring an attorney who handles workers’ compensation claims. Insurers pay attention when claimants are backed by sound legal guidance. Your lawyer can examine all aspects of the claim, bolster it where needed with further tests or evidence, and represent your interests in seeking a fair settlement. If the insurer persists in denying the claim, your lawyer can then take the matter before the court.
Remember, workers’ compensation is legally mandated by the state to cover anyone injured on the job or who sustains a serious illness because of workplace conditions. It all becomes a matter of proving that cause, something a good workers’ compensation attorney can help you do. Don’t give up hope. Your case may have hit a roadblock, but it is not the end of the road.]]>On Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467812021-02-26T18:43:11Z2018-01-29T06:00:00Zleads workplace injuries. Here are the top causes of injury to nurses and how to lessen the risk of becoming an injury statistic.
Lifting Injuries
Lifting and transferring patients is one of the most common causes of injury in the medical profession. These physical tasks are often performed several times per day with a large caseload of patients. To have the best chance of avoiding a musculoskeletal lifting injury, make sure that you are following best practices for lifting safety. Team lift as much as possible, and learn how to use patient handling equipment to reduce manual lifting.
Exposure to Needles
A poke from a needle that has been used on a patient can have serious health consequences. Needles may contain bodily fluids carrying certain viruses like HIV, or some of the remaining injection substance could be a medication that's hazardous to others. Unfortunately, needle sticks are a common medical workplace injury. When working with needles, be careful, take your time and focus on the task at hand. To reduce the risk of suffering an accidental needle stick, do not attempt to recap used needles and promptly dispose of them in a proper container.
Repetitive Overexertion
Repetitive motions performed throughout a shift can cause overexertion of joints and bring on injury over time. This type of problem gets worse when an employer does not adequately staff a facility and workers are asked to do more with a smaller number of team members. If working conditions at your facility make it difficult to stay healthy and injury free, you may need to look for employment where worker safety is a priority.
Slips and Falls
Slip-and-fall accidents happen without warning, but can be prevented when everyone takes the time to clean up spills and perform their jobs correctly. To help save others from falling on wet flooring, clean up spills promptly and ask others to do the same. Remind the maintenance staff to post wet floor signs after they have mopped an area.
If you are a nurse who suffers an injury at work, it is important to take care of yourself, so your injury does not get worse. Get the medical care you need from your employer's workers' compensation program so you can begin to heal.]]>On Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467842023-11-17T12:18:12Z2018-01-25T06:00:00ZOn Behalf of Atwood Lawhttps://www.atwoodlaw.com/?p=467872021-02-26T18:43:17Z2017-07-12T05:00:00Zhere.
Christa has been with the firm since 2009 and represents individuals, employers, and insurance companies in workers' compensation trial and appellate cases, personal injury cases, and medical malpractice cases. Her experience includes cases involving back injuries, neck injuries, shoulder injuries, spine injuries, brain injuries, and complex psychological and cardiac injury cases. Christa strives to represent her clients as she would want her family and friends to be represented. Her clients have described her as honest, knowledgeable, caring, responsive, and detailed in her work.]]>