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- Are widows and OTR truckers from other states, entitled to Iowa workers’ compensation benefits?
- Is your injury while working covered under workers’ comp a third-party suit?
- Dozer Operator Killed While On-the-Job
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Workers' Compensation
Are widows and OTR truckers from other states, entitled to Iowa workers’ compensation benefits?
At the Iowa Farm Progress Show near Boone a Cessna 150 plane with just the pilot onboard crashed and the pilot died. The plane is registered to Drake Aerial Enterprise from Genoa, Ohio. The FAA is investigating. The plane was towing a very large advertising banner when it crashed. There is nothing in the report about the company or product being advertised at the time of the crash. I can’t think of a worse impression for people to have of your product.Is your injury while working covered under workers’ comp a third-party suit?
Workers who are injured while working may have more than a workers' compensation claim to consider. Those who say this is wrong to sue don't understand the law and what is required of those injured and receiving benefits under Iowa's Workers' Compensation statute. Iowa law allows the workers' compensation insurance company to recover benefits it pays to injured workers. The law gives the paying company a lien on third-party benefits and they can require the injured worker to sue the at-fault third party or else the workers compensation carrier can do the suing.
People who don't understand the law often times draw conclusions that aren't supported by the law. So if you're injured in a work related accident you simply need some good legal advice to know your rights. It's your choice, but the law may require you do something to protect yourself and if you don't those rights may ... for lack of a better term... run out.
Dozer Operator Killed While On-the-Job
It is difficult to tell from this story whether the operator was an employee or an independent contractor when he is reported to have suffered a heart attack and his bulldozer went into a pond at a quarry near Fort Dodge, Iowa. The way the story is written it raises more question than provides answers.Lighting Strikes and Kills Worker - What's the Likelihood?
Employees who are killed or injured from lighting while at work would be covered under Iowa’s workers’ compensation program. There is no indication in this news story whether or not this employee’s widow or dependent children would be covered. Laws vary from state to state and workers’ compensation programs differ greatly. The reason why there is coverage has to do with the work exposing the employee to special risks or hazards of the particular employment. In this instance a ranch hand is exposed to risks associated with inclement weather, animals and other environmental exposures. The employer benefits from the employees working under such conditions and is better able to spread the cost of such risks to customersLighting Strikes and Kills Worker
Employees who are killed or injured from lighting while at work would be covered under Iowa’s workers’ compensation program. There is no indication in this news story whether or not this employee’s widow or dependent children would be covered. Laws vary from state to state and workers’ compensation programs differ greatly. The reason why there is coverage has to do with the work exposing the employee to special risks or hazards of the particular employment. In this instance a ranch hand is exposed to risks associated with inclement weather, animals and other environmental exposures. The employer benefits from the employees working under such conditions and is better able to spread the cost of such risks to customers.Is the wife entitled to receive workers' compensation benefits?
As a service to our clients living outside of Iowa we provide this list of crash reports from the Iowa State Patrol. We understand the difficulty our clients from out of state have in resolving a car, motorcycle, SUV, semi or truck accident case from outside of Iowa. We are here to assist you. If you have had an accident in Iowa but live in another state please give us a call and we will provide whatever services are needed to assist concluding your insurance settlement. 515-222-1110 or sdlombardi@aol.com. Our website is www.lombardilaw.com. We look forward to hearing from you.Did the Sioux City Sewer Pipe Workers Receive Confined Space Training?
Yesterday we covered a confined space accident that took the life of a young man helping with getting a boat into the water. Today we provide links and information about confined spaces available on YouTube.What is a confined space death in the workplace?
Three more Iowa deaths from confined space accidents prompted me to post again about confined space safety. One death was that of a 16-year-old boy under a boat and two other's out of Sioux City area were involved in clearing out a sewer line. So today let’s discuss confined space safety rules.Construction Site Deaths Bring Life-time Benefits to the Widow or Widower
The cause of the worker’s injury is described as getting hit in the head by a brace supporting a concrete cast. Construction site work is dangerous work. Hard hats, steel toed boots, safety harnesses and your head on a swivel are all required. During the summer between my first and second year of law school I worked construction as a carpenter on a concrete construction crew erecting grain drying storage facilities in central and then northeast Iowa. Hard work, but very rewarding; paid enough to keep me in beer and hotdogs for the summer. I have some idea of what they may be referring to. But did he hit the brace or did the brace strike his head? That’s the first question. Why, is the next question? And the third is what if anything went wrong that allowed this accident to kill a man? Answer those questions and you’re on your way to understanding if there is a third-party case. The workers’ compensation case seems pretty straightforward.Workers' Compensation involving electrocutions and ladders
Ladder safety involving electricity and electrocutions is something all line workers need to be aware. How not get injured or killed from electricity is the first step in avoiding a workers' compensation claim. If you are injured or your spouse killed call us for assistance.Is this a work related injury?
I see it time and time again in workers’ compensation cases. The worker is injured, then goes to the doctor and a form is shoved in front of him. Just before going to the company doctor the worker is questioned by the supervisor or the company nurse and is told they aren’t sure this will be considered a work related injury. So the worker now sitting in the doctor’s office has several forms shoved in front of them and the simplest question seems to be difficult to know how to answer.If my husband is murdered at work can I collect Iowa workers' compensation?
The recent murder in the men’s restroom at an I-80 rest area had me considering the possibilities for spouses of murder victims. There are several and one in particular is a workers’ compensation claim under Iowa law. The man murdered was there to maintain the restrooms. He was doing his job and minding his own business. Allegedly a man was in the men’s restroom smoking and the victim told him he couldn’t smoke in the restroom. Allegedly the man didn’t like being told what to do and it’s reported he came back and shot the worker. Do people think anymore? Does anyone know what shame is anymore? I have to wonder if the concept of shame is like a relic buried somewhere in our past. That aside let’s focus on the widow’s rights under Chapter 85.What is a machine operator's pinch point?
In other personal injury legal news a worker at the J.E. Adams parts manufacturing plant in Cedar Rapids lost a part of his hand when it got stuck inside the machine. I’ve handled similar cases involving pinch-points and dual operation palm button manufacturing machinery. Most modern machinery won’t allow the operator to insert his hand into the location of a pinch point and to also start the machine’s operation. In other words both of the operator’s hands are needed to start the machine’s manufacturing processes. For more information about this story read the Register’s article titled, Worker loses part of hand in machinery, May 6, 2010.Forgiveness Has Little to Do with What’s Wrong with Bad Behavior by Police Officers
The Des Moines Register reports that an officer in the Pleasant Hill PD was involved in a two-vehicle accident while inside the marked patrol vehicle were drugs. Perhaps the drugs were from a bust or an arrestee. I guess we’ll have to see what the facts ultimately prove. In the meantime I’m guessing those Firestone workers who have been fired will be seething over whether this officer will lose his $52,000 a year job. I’m guessing the first thing the City of Pleasant Hill will require is a drug screen to see if the officer’s blood and urine are clean. It’s easy to jump to conclusions but first let’s get the facts. The Iowa State Patrol is conducting their own investigation – let’s see what they conclude before jumping to too many conclusions.Anderson Erickson Accident Claims Life of Long-Time Employee Manager
A 45-year-old Anderson Erickson worker died from what is described by the Polk County Medical Examiner as traumatic asphyxia. Why aren’t there more details as to how the accident happened? What’s so secret about making milk and ice cream? Are other workers at risk? Doesn’t the public have a right to know?11 Iowa City Workers Treated for Anhydrous Ammonia Inhalation
Iowa City, Iowa – Sixteen (16) meatpacking workers were taken to an area hospital after suffering inhalation injury from an anhydrous ammonia leak at a West Liberty plant. The tank is on the roof and according to the report it came into the plant area. Workers were treated for minor to moderate inhalation injury. The leak was caused when a suction header failed allowing 30 gallons or liquid ammonia to fall onto the roof. The value was shut off after approximately 10 minutes. Both reports identified the plant as the West Liberty Foods plant that processes turkeys.Let's Look At The Top Ten OSHA Fines
Running a small business can be a daunting task. Tough, but rewarding if done with attention to the details that make safety a top concern in the building trades. So where do small business employers seem to get into the most trouble with OSHA. Today let's look at the top ten OSHA fines. All data is as of April 23rd, 2008.From the Iowa No-Snooze-News Desk
We claim to raise our young with good solid values. Late yesterday afternoon Mark Becker the young man on trial for the murder of Ed Thomas was found guilty of first-degree murder. The jury rejected the defense claim of insanity. This jury actually found him legally sane (cough-cough, do as I say not as I do...) at the time he committed the act. Here is the Butler County Sheriff’s surveillance video of Mr. Becker just after the arrest – in it he’s supposed to be, hmmm … Sane?Does fault matter in a workers' compensation case in Iowa?
Many workers and their spouses and dependent children don’t know it but fault has nothing to do with receiving death benefits under Iowa law. Take for example the semi-truck-pickup truck collision that took place on January 11, 2010 between Daniel Carl and Jay Harmelink who died in the collision. The report implies that Harmelink was at fault for crossing the center line of Highway 175 two miles east of Odebolt. I draw no conclusions that he was and I wish his family well in their time of grief. Today it’s important we learn about the law and a family surviving. We separate that which is real and relevant so that others may know how to deal with their own situation.Chemical Safety - Handling or Cleaning up Sodium Hydroxide
What can we learn from Mr. Weaver’s death? When working with sodium hydroxide, we must exercise extreme caution. Always wear protective gear, including suitably thick gloves, masks, and glasses. Also, take a quick look around your house, and place any materials with warning labels out of reach of children. An ounce of prevention is worth a pound of cure.Workers Compensation Injuries in Iowa
This is an interesting workers’ compensation case that may or may not have a third-party case attached. When different companies cause injury in your workplace it's probably a reason to consider a third-party case. Property managers refer to them as vendors, workers probably call them subcontractors and employers probably refer to them in both ways. When you consider that workers have no say in who comes into their place of employment while putting them at risk of injury or death it’s a good idea to hear the opinion of a lawyer to say if there should be an investigation.Is your workplace safe?
How can a work related death, such as this one occur? Perhaps there are a lot of reasons, none which seem very satisfying and none are definitive.Train vs Semi-Truck, Leads to Workers' Compensation Claim
The Nebraska State Patrol investigated and reported that the 63-year-old didn’t die but suffered injury including a broken leg. The man’s family informed the Ottumwa Courier his injuries were more extensive and included broken ribs and fractures to his vertebra.Wisconsin plant explosion may have been caused by static electricity
In Columbia County, Wisconsin a 47 year old man died Sunday October 18th, in an explosion in the American Packaging Corporation plant, according to the Wisconsin State Journal news source. Jeffrey Doxtator was from Columbus and had worked at the plant for 13 years. Fire Chief Randy Koehn said that Doxtator was using a handheld grinder which ignited sparks in an area of the plant designated hazardous. What caused the explosion? What are the possible causes and violations?Bulldozer slips off jacks and kills operator, widow's benefits at stake
What caused a bulldozer to slip off the jacks and kill 60 year old Patrick O’Shaughnessy? That will be the question his family is asking after an accident at a construction equipment company in Ossian in northeast Iowa on October 14th 2009. His co-workers tried to save him by using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?
Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit. She can commute the amount and should seek a consult with an attorney to determine her rights under Iowa's workers' compensation laws. What widows and widowers of workers killed while doing their jobs, need to know is that the workers' compensation carrier isn't your friend. You are in an adversarial relationship. That means they have no duty to advise. Heed the warning and see an attorney; we are happy to assist when asked.
We wish the family well.
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News
- Titan Workers Electrocuted, Was Lock-out-tag-out being used?...
Posted on 8/17/2010 - News OnInjuryLaw by Nick Avgerinos...
Posted on 8/7/2010 - North Sioux City Sewer Line Worker Death is covered by work comp...
Posted on 8/4/2010 - Work Comp: Iowa Construction Workers Wall Collapse...
Posted on 7/7/2010 - Injured Workers Make the Same Mistake...
Posted on 6/23/2010 - Machine Operators Need Dual Palm Operator Buttons...
Posted on 5/13/2010 - Fatal Accident after Crossing the Center Line...
Posted on 4/22/2010 - 16 Meatpacking Workers Treated for Inhaling Anhydrous Ammonia...
Posted on 3/28/2010 - Chemical Handling - Sodium Hydroxide in the work place...
Posted on 1/25/2010 - Sodium Hydroxide Leak in Mason City, Iowa...
Posted on 1/18/2010 - Deere worker electroctued at Waterloo foundry...
Posted on 8/9/2009 - Des Moines Construction Worker Killed by Utility Pole...
Posted on 7/29/2009 - How long does it take to settle a workers’ compensation case?...
Posted on 5/15/2009 - Andrews Prestressed fined by OSHA over Trinidad death from falling into hopper...
Posted on 5/7/2009 - Clear Lake company issued a fine for the death of a worker who fell into an open hopper...
Posted on 4/27/2009 - Fiery crash near Grand Junction kills 22 year-old Robert Pierce...
Posted on 4/21/2009 - Iowa Workers' Compensation Benefits: Iowa lawyer points out that negligence doesn't apply to work comp claims...
Posted on 4/7/2009 - Iowa Workers' Compensation Advisory Committee, Inc.'s 47th Annual Symposium, June 11-12, 2009, Des Moines, Iowa...
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Posted on 3/25/2009 - Iowa’s injured worker choice of doctor bill is about fairness...
Posted on 3/12/2009
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