The Lombardi Law Firm Blog

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

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.

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.

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.

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.

Campus drinking leads to death of ISU architecture student: Who is to blame?

When you buy booze for an underage coed consider the fact they may end up dead and how that will make you feel about yourself, for the rest of your life.

Uncontrolled Intersections in Rural Iowa can be a Serious Challenge

It’s going to be a long hot summer and while most high school graduates sit around waiting to start college they will certainly hand around with their friends and end up on those country roads looking for something to occupy their time. Today’s post is about uncontrolled intersections. The two boys in this story aren’t yet in college but joyriding is something boys waiting to head off to college might find interesting so I’ll add this to the Life on Campus section of the Lombardi Law Firm blog. Knowing or refreshing your memory about who has the right of way is a good idea.

Did texting while driving kill this Iowa teen?

Evidence at the crash site shows texting killed this Iowa teen. A 17-year-old from Iowa has died from a single-vehicle accident caused by her being distracted with texting at the wheel. She was running an errand when the accident occurred. She was from Mechanicsville, Iowa. Texting while driving is not much different than driving while under the influence of alcohol. The driver was a very pretty young lady. You can see her photograph at Teen was likely sending text message before fatal crash. The accident happened on Yankee Avenue. The car was heading southbound when she lost control, entered the west ditch, overcorrected and rolled. I’ve written extensively about this subject and wonder who the other person was who was being texted?

Another I-35 Road Construction in Iowa is Coming

There are other projects more important to people from around the state of Iowa. The other road work is listed in the Des Moines Register and includes those listed below. WHO also carries coverage for Road Work. A printable state projects list and map can be obtained online with the Iowa Department of Transportation.

Car accidents can cost parents their life savings; here's how to protect yours.

One dumb night of drinking and driving by the kids can cost the parents their life savings. Not because of what they did or didn’t do but because another youngster or young adult wasn’t thinking about the consequences of their actions. Take this case for example, what if your child were one of the passengers.

Big Brother on I-235, I-80 and I-35; Coincidence or a sense of humor?

Did George Orwell place the 84 cameras on the interstate in Des Moines? George Orwell wrote a book that was later turned into a movie. The title is Nineteen Eighty-Four. In the book, written in 1949 the thought police control society not so much for what they have done, but for what they are thinking. What we have is a police state trying to control the population by discovering and then reeducating (or eradicating) those who think in ways contrary to the wishes of the controlling and powerful few.

Eleven Amish Killed in Head-on Semi-Collision on Kentucky Highway

The Amish Community is again suffering. You will recall the horrific slaughter of Amish school children in 2006 by a milk-truck driver carrying three guns in Nickel Mines, Pennsylvania. This weekend eleven members of the Mennonite Community were killed in a Kentucky car accident when a semi-truck crossed over the center line striking their van head-on. They were driving to Kalona, Iowa to attend a wedding. Iowa has a large Mennonite population in and around Kalona.

Iowa and Midwest News for the Day - Reality TV Isn't Real Life

Have you ever had one of those moments when you can’t believe what you’re reading? Well this is one of those days. REALITY TV ISN’T REALLY REALITY Creston, Iowa – The first news item available is from Creston, Iowa where the news report is of an 18-year-old who while attempting to climb a utility or power pole was electrocuted and died. It appears the young man was with friends and while attempting to climb this utility pole came into contact with a power line. Grinnell, Iowa – Two freshman attending Grinnell College were filming themselves jumping onto a southbound freight train when one of them must have missed and fell under the train’s wheels. One of his legs was severely injured, described as almost severed. Perhaps the lesson here is that reality television has little to do with real life. When you think it does it’s perhaps time to examine your common sense button and make sure it’s engaged.

Interstate Travel Safety - What not to do after an Interstate Crash

I’ve written before about it being dangerous to walk away from an accident. Scott County, Iowa - It happened again; this time in Iowa on I-80 near Le Claire. In this case we have two people who attempted to walk to safety after the car they were in got stuck in the median; probably du to snow covering or standing water and mud.

Why would the Iowa House vote to ban texting while driving for only teens?

The Iowa Senate put the House in its place quickly, very quickly, said “NO” to the House version of the texting while driving ban, which was written only for teens. In essence the Senate said, “Are you serious? Get real and stop wasting our time.”

Iowa and Midwest News for the Day - Dogs, Medical Mistakes and Going Green

Chicago, Illinois – All morning I’ve been waiting for a “Blame President Obama” story and this is it. Because the story has a Chicago connection it qualifies as having at least some fact associated with the President, so the Obama-blamers can shout loudly, “It’s not his color that bothers us we just don’t like him, he’s a socialist.” Here is the story. A man is being sought in the Halloween Hit-n-Run of a pedestrian, a 25-year-old DePaul University student who died. Although it’s reported the man doesn’t have a driver’s license and may have fled to Mexico it could still be the fault of President Obama because … umm … well it just could, trust me.

More No Snooze News, Nebraska, Cyberspace and Michigan

It’s such an interesting day of news for today. This poor guy from Nebraska gets killed after surviving the crash and walking away. The second idea is a survival guide for being the hospital. Yes, sad but true. The third idea is that Iowa is learning something from the Chinese. Like the Chinese exporting babies milk laced with melamine we Iowans (Iowaegans? Iowanites?) are exporting fixer uppers to those who use to manufacture cars. Welcome to the new America; the best country that money can buy.

Interstate Highway Mystery – Where did that body come from?

Shelton, Nebraska – Buffalo County - I-80 collision between two semi-trucks leaving one driver dead. After jackknifing in the westbound lane of Interstate 80 a second semi-truck also in the westbound lane collided with it, killing the driver of the jackknifed semi-truck. It’s reported to have occurred around 4:48 a.m. on Monday, January 25, 2010. The driver of the second truck is a 49-year-old man from Altoona, Iowa. He was hospitalized in Kearney, Nebraska at the Good Samaritan Hospital. Nebraska Highway Patrol investigated along with the Buffalo County Sheriff’s Office. The report is from Sarah Schultz with The Grand Island Independent news organization.

Does the OnStar System Eliminate Stolen Cars and High Speed Chases?

Recently I covered a high speed chase on I-35 near Ames, Iowa. The driver of the car being chased by police crossed over the median strip and headed the wrong-way into oncoming southbound traffic. He ran head-on into a semi and died. The issue is one of the safety of non-offending drivers and their passengers. What if a mother and a kids’ soccer team in a van was struck head-on rather than a semi-truck? Then what?