Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.
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Posts tagged "injuries"

The adjuster is offering me a settlement for my injures from an auto collision. Is it fair?

Perhaps, but probably not, unfortunately. The adjuster has financial incentives to minimize your recovery. If this were not the case, why are initial settlement offers low? There are many ways the adjuster tries to do this. One common method is to minimize your medical bills by counting only what health insurance has paid on a reduced fee schedule and not the full charge for the bill, which the law requires. Also, be very wary of adjusters offering to settle a case early, before you have finished recovering, especially in the case of a spine or head injury.

What Are My Obligations In Reporting an Accident?

Nebraska law provides that once an employee sustains an accident, he or she is required to provide notice "as soon as practicable" to the employer of the accident occurrence and injuries. What does that mean? In short, the requirement is that the employee tell the employer about his or her injury as soon as is realistic or possible. Difficult is that there are no hard and fast rules in Nebraska regarding how and when notice must be provided. Is providing notice the day after the accident considered sufficient? Yes, likely. Is waiting a week to report the accident okay? Probably. Will telling the employer 2 or 3 or more months after the accident be considered sufficient notice? Here, it will depend on the facts and the credibility of the injured worker's justification for the delay.

Which State Has The Best Benefits For Me?

Several attorneys in our office are licensed in multiple states. The issue of where to file a law suit and which state has better benefits for the injured worker comes up commonly, especially in cases where the injured worker travels for work. There are certain situations in which workers' compensation benefits will be more beneficial for an injured worker if they are able to pursue the claim in Iowa, rather than Nebraska. Employees injured while working in Iowa are entitled to Iowa workers' compensation benefits. If an employee is injured outside of Iowa, there may still be Iowa jurisdiction if (1) the employer has a place of business in Iowa and the employee regularly works at or from that place of business; (2) the employer has a place of business in Iowa and the employee lives in Iowa; (3) the employee is working under a contract of hire made in Iowa and employee regularly works in Iowa; (4) the employee is working under a contract of hire made in Iowa and sustains an injury for which no remedy is available under the workers' compensation laws of another state; (5) the employee is working under a contract of hire made in Iowa for employment outside of the United State; and/or (6) the employer has a place of business in Iowa and the employee is working under a contract of hire that provides that workers' compensation claims will be governed by Iowa law. In order to assess the best recovery available for an work injury, contact our office and discuss with one of our dually-licensed attorneys.

Selection of Travis Spier to the Thomson Reuters Super Lawyers Rising Stars List

Attorney Travis Spier was recently selected to the Thomson Reuters Super Lawyers Rising Stars List for his work in Workers' Compensation, Great Plains Region. No more than 2.5 percent of attorneys in the state of Nebraska are selected for this honor. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. A description of the selection methodology can be found here. Super Lawyers' Rising Stars list recognizes the top up-and-coming attorneys in the state - those who are 40 years old or younger, or who have been practicing law for 10 years or less.

Calculating Your Average Weekly Wage After a Work Injury

When an employee suffers a work related injury and cannot immediately return to work because of serious injuries sustained, one of the first issues that requires attention is the calculation of the injured worker's average weekly wage so that the benefits that are due are calculated and paid properly. In Nebraska, average weekly wage for purposes of workers' compensation benefits is typically calculated by dividing the 26 weeks, or 6 months, of gross wages immediately preceding the accident by the number of weeks worked. The Nebraska workers' compensation wage statute, Neb. Rev. Stat. 48-126, states:

Accident leaves 1 dead in Nebraska

Police say that a 31-year-old woman was killed after an accident that took place at about 4:22 a.m. on Jan 18. According to authorities, the 24-year-old driver of the Jeep lost control of the vehicle and hit a wooden utility pole while driving eastbound on Lake Street in Omaha. After hitting the pole, the vehicle rolled, hit a privacy fence and came to a stop on its roof.

  • Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017
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Atwood Holsten Brown Deaver Spier

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

  • I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen... - DW

  • "...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..." - CG

  • "...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O." - RD

  • "...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..." - HR

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