The Lombardi Law Firm Blog

Dozer Operator Killed While On-the-Job

Lighting Strikes and Kills Worker

Is the wife entitled to receive workers' compensation benefits?

Workers' Compensation involving electrocutions and ladders

Anderson Erickson Accident Claims Life of Long-Time Employee Manager

Does fault matter in a workers' compensation case in Iowa?

Chemical Safety - Handling or Cleaning up Sodium Hydroxide

Workers Compensation Injuries in Iowa

Is your workplace safe?

Train vs Semi-Truck, Leads to Workers' Compensation Claim

Wisconsin plant explosion may have been caused by static electricity

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 14^th 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.

Oxford, Iowa I-80 Road Construction Crew Semi-Truck Collision

We don’t have much information this morning but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa.  The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

Iowa Highway Patrol and Iowa's Policemen and Women Have A Dangerous Job

What do you get when you take 250,851,833 registered passenger vehicles, 46,876 miles of highway, and a man with a badge? This is not the opening line of a clever joke with a cute punch line. In this scenario, it's pretty clear that in a confrontation between two ton vehicles traveling more than a mile a minute and a patrolman on the highway battlefield, man loses to machine. When a 3,000 pound car hits someone on foot there is no contest.

Unfortunately for those who work on the highway, there is no way to protect against cars on the road. The safety of any construction worker, tollbooth operator, or police officer rests on the margin of human error. The only thing standing between a patrol worker and disaster is a driver's safe operation of his or her vehicle. Distracted drivers are a major hindrance to a State Highway Patrol Officer being safe in his working environment.

According to the National Highway Traffic Safety Administration, nearly 6,000 people died in 2008 in crashes involving an inattentive driver. On a given day in 2008, more than 800,000 vehicles were driven by drivers talking or texting on cell phones. Distracted drivers are one of the leading causes of highway fatalities, and the risk is even greater for those who work on the nation's highways regularly.

The NHTSA has taken certain measures to ensure the safety of road workers. For example, when you drive through a construction zone, you probably notice a litany of bright orange signs warning you to drop your speed on pain of doubled speeding fines. Some states enforce a minimum penalty of $375.00 for speeding in a work zone, regardless of the base fine, regardless of whether workers were present or not. The penalty for hitting a worker is usually around $10,000 and jail time, depending on the state and extent of the worker's injuries. Work zones are also secured (in the loosest sense of the word) with temporary fences, flashing lights, light board signs, cones, and barrels, offering at least a visual alert to approaching. However, common sense dictates that if a car suddenly swerves out of its lane, the power of the Mighty Plastic Orange Cone isn't going to do much to protect Joe the Construction Worker from injury or even death.

Even so, construction workers are better protected than state troopers and patrolmen on duty on the nation's highways. While workers have zones blocked off and marked, officers have to pull onto the shoulder of the road to write a ticket, regardless of visibility or weather conditions. There are no threats of fine's posted in patrol zones, no blocked lanes, and most of the time, vehicles barely change speeds when passing a pulled over car. With no fluorescent vests or signs warning drivers to be careful two miles in advance, officers have no reliable protection against stray vehicles on the highway as this video demonstrates:

Take for example the case of Des Moines Police Sgt. Larina Blad. On August 15, Sgt. Blad was struck by a 4,800 pound Dodge Durango driven by a man with three prior OWI convictions. The driver, who later tested at more than two times the legal blood alcohol limit, dragged her more than a block and a half before stopping. The radio dispatch as reported by Radio Iowa indicates just how tough is this officer.

"What happened?" the dispatcher asked. "I’ve been run over," Blad replied. "I’ve been run over." The dispatcher sent "all units" to the scene. "I’ve got medics rolling already," the dispatcher told a policeman who had arrived at Blad’s side. "Is it a hit and run?" the officer asked.

The dispatcher replied: "It definitely sounds that way, yes." The suspect, 24-year-old Irving Cartagena, was allegedly driving drunk and his license had been revoked. Cops caught up with the suspect who was driving a white Chevy Tahoe. "Subject in custody?" the dispatcher asked.

Sgt. Blad, who vowed to return to work by the end of the week, was lucky not to have suffered more severe injuries in the accident. However, the same cannot be said for the roughly 70 officers who are killed in traffic related incidents each year while in the line of duty. According to the National Law Officers Memorial Fund, the majority of officer deaths for the past 11 years have been traffic related.

We can all help prevent these tragedies by driving safely and remaining alert for the sake of Iowa Highway Patrol officers, workers, passengers, other drivers, and ourselves. Leave your cell phone in your purse or pocket until you are safely parked. Avoid driving while tired or intoxicated, and always exercise caution when you see highway workers of any kind. Beyond that, it may be time to petition lawmakers to instate harsher penalties for repeat offense OWIs so that the roads are safer for everyone.

What do you get when you take 250,851,833 registered passenger vehicles, 46,876 miles of highway, and a man with a badge? The answer depends on how safely we drive. Do your part to protect the safety of highway patrol workers.

Highway Patrol Work is Dangerous

(go to 1:10 of the video)

Worker Safety Never Takes a Holiday, Chock the Wheels

Chocking the wheels and setting the parking brake would probably have saved the life of this liquid asphalt truck driver. OSHA fined a trucking company $9,100 for failing to use precautionary measures that allowed a truck loaded with liquid asphalt to roll, crushing the worker between two trucks. The driver was 62-year-old Brian Cellar.

If married at the time or if he had dependent children they would be provided with workers’ compensation benefits in Iowa. What most people don’t appreciate is even if the worker is from another state they can sometimes get Iowa benefits if the accident occurred in Iowa or they normally live and work in Iowa but the accident happens in another state.

Chocking the wheels is a simple thing, setting the parking brake even simpler. Sometimes we forget the little things that make a big difference. There are no holidays from safety. Be smart and go back to the basics. Shortcuts may lead to a disaster. General IOSH or OSHA safety rules are covered under Chapter 10 in Iowa.

Tractor overturns killing man in Tama County, Iowa

On August 23, 2009 Ronald Perrin was driving his tractor when the brakes, “locked up as Perrin drove along the edge of a road”. The tractor than went into the ditch where it rolled killing Perrin. One has to wonder was this a faulty part on the tractor that should have been recalled? Did a shop where he might have taken it into for work make a mistake? 

More details would help us to understand more about this incident that lead to the brakes allegedly locking up. The make, model and year and manufacture would tell us more about the aging of the braking system. Also maintenance issues are bound to play a part in determining how it may have affected the braking. Did the brakes actually lock up? With the information provided by the Tama County sheriff’s investigators, there is no way of knowing.

Construction site photographs of the utility pole may be necessary to prove the case or why it fell over when struck by the Bobcat

In what can only be described as a tragedy, a construction worker today was killed after a utility pole was knocked over striking and killing him. The utility pole was backed into by a fellow worker operating a Bobcat with a bucket on it. The worker that died was 32 years-old and his fellow worker was 57. The accident occurred at 10:15 a.m., just south of S.W. 26^th Street and Watrous Avenue in Des Moines. The younger man was pronounced dead at the hospital.

There are several interesting legal points to this story. First, the younger man leaves two young children behind. Hopefully this young man’s employer had workers’ compensation coverage that will pay these children benefits through college or at least through high school (age 18). It’s not unusual that smaller contractors don’t have coverage; that’s not legal, but lawyers see it often in the construction industry.

Second, the dependents of this young man would have a claim for the workers’ compensation benefits and also may have a claim against the owner of the pole. The Des Moines Register article includes a reference to a spokesperson from MidAmerican Energy Co who said the pole was not one of theirs and did not carry electrical lines. Mediacom said they commonly rent poles and Qwest hadn’t yet commented. So who owned that pole? This pole is interesting in that it was caused to fall down when the Bobcat backed into it; a scenario unlikely to normally happen. It should take a lot of pressure to cause a utility pole to fall down. Normally they snap. And that’s the rub, as I like to say, of this case investigation.  Why did it fall down so easily?

Which leads me to the third and final point; the case investigation to preserve valuable evidence. I remember driving towards Des Moines on Grand Avenue one day many years ago when I noticed a pole that had been struck by a car. The power company had a truck on location and was in the process of setting up to take the pole down and set it father away from the street. A client lived at that location so I pulled in to talk with him; he was standing on the sidewalk watching. Immediately I took out a camera and began taking photographs, which later were sent to the attorney representing the man whose legs were apparently pinned between the pole and a car bumper in the accident. Had I not taken photographs the pole would have been removed taking with it any chance of knowing what it looked like. It’s important to gather and preserve the key evidence in the case; in this case the pole. Someone needs to take photographs of the pole and the accident investigation site. Whoever is in charge of the dependent children needs to hire someone to get in there and photograph the location before the owner removes and destroys the pole. How that pole was seated in the ground may be a very important fact and pictures a sometimes worth a thousand words.

Owners don’t sit around waiting for injured people to complete their investigation. Owners need to get busy cleaning up the mess to make sure someone else isn’t injured or killed. Justice waits for no one.

So act, don’t sit around wondering. If you know Andrew Clark’s guardian tell them to get some legal advice and quickly; their future may depend upon it.  

Iowa Workers Compensation for Electrical Workers

Today, it's about three workers who get electrocuted from an overhead power line while doing work on a college campus with a boom truck. It reminded me of my family and the work I grew up listening to them discuss. My grandfather, father, brother and brother-in-law all worked, at one time or another, for the Narragansett Electric Company in Providence, Rhode Island. Narragansett Electric is now National Grid. The company mascot for Narragansett Electric was during my childhood, Mr. Reddy Kilowatt. Reddy was a guy whose head was a light bulb, he was always talking about safety. Injury by electrocution is a major concern for families that work around electricity. So we learned that Reddy was our friend. As a family we always worried about line work due in part to injury by electrocution. Today is about just that, workers getting electrocuted while working around energized power lines.

Reddy Kilowatt

http://www.youtube.com/watch?v=PznxZ3zmL00

You’ve got three workers for Midwest Glass and Glazing on the Creighton Campus Universityusing a boom truck when the boom comes into contact with an electrical line that was energized. Could this have been avoided?

Let’s start our quick analysis by saying the workers are all alive and expected to live. The news articles indicate only one was seriously injured and that’s terrific. For those who don’t know what happens when the human body is electrocuted, you should know the electricity travels through the human body seeking out weak points. Those weak points are under the upper arms, inside the thighs, for guys their penis and sometimes parts of the head. Those parts blow out – yes it’s a terrible injury. So if only one worker was burned the other two are quite lucky.

The one suffering the worst burns was 46-years-of-age, not sure if he’s married or with dependent children, but injury to any worker is significant when electricity is involved with causing the injury. Rehabilitation is long and hard and may never be complete or bring you back to normal. Just think for a second about your brain being short circuited by an extremely high electrical charge and how the gray matter would be affected. And take a moment to think about the effect of electricity on the human nervous system. The effects are very serious indeed.

Narragansett Electric PSA with Ben Franklin

How do workers protect themselves? Well, they can first make sure that all lines they are working around are de-energized. Never assume any line is not energized, assume just the opposite. Demand that all lines be de-energized by the power or electrical company that owns them before any work is performed. If the boom is being used near a power line, stay away from it. If your supervisor calls you a wimp call his supervisor.

Make sure the guy running the boom is properly trained. Before taking one of these jobs learn the ins and outs of using one safely. Read the owner's manual that comes with the boom truck.

All three workers that were injured are entitled to workers' compensation benefits. They will first receive medical coverage, then weekly indemnity benefits (a pay check) and after that permanency benefits, if they have permanent impairment or restrictions.

Well, that's all for today. I'm just getting back from vacation and there's too much to do around here today.

Trinidad death leads to OSHA fine for Iowa company

The Register reports the Clear Lake company we posted on previously for the death of a worker, Simon Trinidad, a 35 year-old when he fell into a metal hopper, was fined by IOSH in the amount of $375,000. Apparently this is the second time this company has been fined for a similar violation. The company is Andrews Prestressed Concrete in Clear Lake, Iowa.

These types of claims are easier for the workers’ compensation death claims than the third-party or gross negligence cases. We’ve had good experience on third party claims and some luck with gross negligence claims against the co-employees or supervisors.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linkked to the Lombardi Law Firm news item.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linked to the Des Moines Register article.

Worker safety is nothing to take lightly. Be safe not sorry. It's no laughing matter.

Clear Lake company issued a fine for the death of a worker who fell into an open hopper

IOSH, or OSHA as it's most commonly called fined a Clear Lake company $357,000 for an accident that killed an employee. The Des Moines Register article indicates this is the second time an open hopper unprotected by guardrails has been the issue of a citation.  The worker that died is 35, Simon Trinidad. He's entitled to receive at the very least workers' compensation death benefits. If he was married or had dependents they too are entitled to benefits.

"The Iowa Occupational Safety and Health Bureau said employees were exposed to the 12-foot deep, open hopper that was unprotected by guardrails. The company was cited in 2006 for the same violation."

Single vehicle crash may result in an Iowa Workers' Compensation claim.

Polk County, Iowa mine worker at Hallett Materials dies, electrical fire

A 35-year old man died as a result of either an electrical fire or from electrocution at the Hallett Materials site northwest of Des Moines today.  The worker leaves behind a wife and three young children.

Bainum leaves behind a wife, April, and three children, son, Tristan, 12, and daughters Holly, 6, and Lacy, 3.

Des Moines Register, UPDATE: Hallett Materials employee dies after fire

Here are a few descriptions from the Des Moines Register, KGAN or KCRG.

“Tadd Bainum, 35, a Hallett employee, died after a transformer spark caused a fire near the gravel mine at 5255 N.W. 26th St. The fire started around 4 p.m., said Jana Rooker, spokeswoman for the Polk County Sheriff's Office.”

“Officials say the man, who wasn't identified, was killed at about 4 p.m. Tuesday at Hallett Materials. They couldn't confirm whether the man died in the fire, which was the result of a transformer spark, or if he was electrocuted.

A spokeswoman for MidAmerican Energy says the company had to shut off power to the area for rescue crews to reach the man.”

“Officials say the man, who wasn't identified, was killed at about 4 p.m. Tuesday at Hallett Materials. They couldn't confirm whether the man died in the fire, which was the result of a transformer spark, or if he was electrocuted.”

U.S. Mine Department of Labor Mine Safety and Health Administration inspectors are being called to the scene to investigate. The Hallett Materials site is near a body of water and mines basic materials.

You can reach the MSHA can be reached by following the link.

My car was parked on a city street, and hit by another driver. The car was totaled, and I'm currently trying to deal with her insurance company. They won't give me the value of the car that I have asked for. They have given me a rental car for the meantime. Can they take it from me if we haven't settled? I was not in the car when it was hit, however, the accident caused several days of emotional distress. Is it possible to sue in small claims for this even though I was not physically injured? Thanks.

TRIAL PRACTICE

What does it mean if your case is hereby dismissed for want of prosecution, pursuant to R.C.P. 1.944?

How can I make my civil trial practice more effeciient during the initial interview process?

How can I find the name of a small business owner who's closed but never delivered furniture I paid for?

DEFAMATION - LIBEL AND SLANDER

My City clerk has been giving my name out to residents angry they have to actually obey the laws. It stems from complaints and contact from Ombudsman, which I contacted. She has been telling them 'well you can thank xxxx for you getting fined'. Since this I have been vandalized and recieve hate mail. Is this defamation or public information?

A woman with whom I had an affair threatened me with sending some of the very graphic pictures we took together to my wife. Is there anything I can do legally to stop this? The pictures were obtained willingly and include both of us in some of them. She has also told me that she might send them to my workplace and to an internet site. Are some of these actions legal and others not? She says that since the pictures were not obtained without my consent and since there is no extortion or blackmail there is nothing I can do. This part is true - she just wants to hurt me and nothing else. Is she able to do this legally or not?

My ex-boyfriend is threatening to release a very sensitive and privately made video tape and is refusing to destroy it or to cooperate with it's destruction. He has even threatened to show the contents to others. What can I do to protect my privacy?

BEING A CLIENT

Ex-wife's lawyer subpoenaed my mother's bank account without notifying her or me three days before hearing. The bank honored the subpoena witch was just a fax cover letter with attorneys name. I had no lawyer, the court then appointed me a lawyer. Then rescheduled hearing for 2 and a half weeks latter. The next hearing her attorney dose not use my mothers subpoenaed account but instead shows up with my current wife's bank records again without notice to her or me or my lawyer. MY lawyer move to have it throne out judge allowed it but said both lawyers write a brief on the case show casing their point. My lawyer asked for relief based on violation of civil procedure. My lawyer said that she would be unable to pursue this case any further because being court appointed her job was done and even though the cases were related that it was a different case. My question is did my bank violate the right to financial privacy act by honoring a invalid subpoena? Can I sue her lawyer for civil procedure violation?

What is the procedure for serving a small claims court notice? Can a sheriff's deputy forcibly enter my house? Can they entrap me in my home by parking in my driveway so that I can not leave? Can they throw the notice at me and yell, "You've been served?"

Are secretly taped conversations admissable in a court of law?

General

Should I call the injured worker's lawyer?

Where can I contact Miller Fall Protection?

more

METAL/NONMETAL DAILY FATALITY REPORT

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FATALITIES CHARGEABLE TO

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compensation death Des Moines electrical fire Hallet Materials iowa Lombardi mine Polk County west des moines workers 11/30/2008 Nick Lombardi Comments (0) Construction Safety: The risk of being electrocuted A construction worker on a site in Europe was electrocuted when he came into contact with a live wire/cable on which he was working. It killed him and the general contractor was fined 300,000 Euros. You might wonder why the fine? Electrical workers on a construction site must follow an established set of rules for protecting each other. They are not supposed to be working on energized lines. The rules are known as the “lockout/tagout” procedure rules.  (LOTO) The purpose of the rule is to protect workers from energized wires, cables and lines. What most people don’t understand is that workers can be a long ways away from the fuse box where energy to the plant wiring system is controlled. If a worker were to turn on the juice without notifying other workers who had turned it off, those other workers could be killed by electrocution. To prevent a worker who turns off the juice locks the fuse box and attaches his tag to the lock. This system if used properly will prevent electrocutions. Now if another worker comes along and he too is going to work on the wiring system and needs it to be turned off, or de-energized, he will lock his lock with tag to the first electricians lockout-tagout. That way if the first worker comes back to the fuse box he will see the second electrician’s LOTO warning him that some other worker is working on the electrical system. Before the first electrician can turn the juice back on he first must locate the second LOTO electrician and get his approval. It’s not unusual to have many LOTO’s on the fuse box. That protects everyone in line so they are not mistakenly electrocuted. So why then is the General Contractor (the GC) in this case fined? In most construction contracts the GC is the ultimate authority that controls safety on the construction site. The GC has the right and responsibility to enforce safety practices. If workers are ignoring established safety practices it is the GC that must discipline the offender. In the case of busy job sites, it’s not unusual for the GC to look the other way in order to speed up the work. Deadlines looming can cause GC’s to ignore their duty to enforce safety rules. And when this happens it can be deadly. On this job the GC was probably ignoring its duty to enforce the rules and the labor commission came down hard on them. Reputation does follow us. With so many electrical workers in so many different jobs OSHA has a general rule for LOTO procedures. LOTO is so vitally important that schools exist that can teach the proper procedures that have to be followed. There is even an online Hazmat OSHA LOTO Instructional Course. I’ll include the course curriculum outline below. Considering the benefits the $45.00 course fee is minimal.  The photographs on this site clearly show what you should expect to see with LOTO at the fuse box. COURSE OBJECTIVES: Upon successful completion of this course the student shall have satisfied the requirements for training in accordance with 29 CFR 1910.147 and other similar state OSHA regulations and will demonstrate competency and have an understanding of: 1.      Define what is meant by Lock Out Tag Out (LOTO or Lockout/Tagout) and when it is used. 2.      Identify the importance of LOTO. 3.      Understand the roles and responsibilities of those involved with LOTO including LOTO users, those who may come across LOTO, and employers. 4.      Know the requirements of the LOTO regulations and where to find them in 29 CFR1910.147. 5.      Know the different types of LOTO training and how they apply to the job. 6.      List the three parts of a LOTO program including the development of a written program, the training of employees and how and when to implement the LOTO program. 7.      Understand how and when LOTO “refresher” training is to be conducted. 8.      Understand and define the different types of energy that might be encountered using LOTO. This includes potential energy, kinetic energy, electrical, hydraulic, pneumatic, and water/gas energy. 9.      List the requirements of an Energy Control Program. 10.  Know how and when to properly apply locks and other devises as part of a LOTO program. 11.  Understand the advantages, disadvantages and limitations of locks and tags as part of a LOTO program. 12.  Be able to list the steps of applying LOTO on the job. This includes proper notification, awareness of energy hazards, controlling the hazards (including blanking and bleeding off energy), applying LOTO, performing the work, removing equipment used and LOTO equipment, restarting the equipment and making proper notifications. 13.  Understand considerations when working with outside contractors and LOTO.   For GC’s laminated posters explaining LOTO can be purchased for $25 to $30.00. Labels: compensation death electrocution job killed OSHA rules site worker Life on Campus 7/20/2010 Steve Lombardi Comments (0) 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. Labels: alcohol action plan campus Commentary death designated driver drinking drunk iowa ISU lawyer legal underage 5/25/2010 Steve Lombardi Comments (0) Is there a vampire amongst the Drake University student body? Today we start something new; this is a new practice section about the college life and about how the campus can be a dangerous place. As parents we send our children off to a college or university with all the hopes and dreams that they will succeed, but some don't and some are injured or killed while on campus. This practice category will be a catalogue of how they get themselves in trouble. The bars seem to be a common meeting area where many enjoy each other's company in a festive atmosphere. But drinking can lead to other things and today's post is one of those things. Labels: campus life coeds College death injury university Quick Contact Name: Phone: Email: Tell us more: Lombardi Law Firm 1300 37th Street, Suite 6 West Des Moines, IA 50266 Phone: 515-222-1110 Toll Free: 800-383-0331 Get Directions Search www.lombardilaw.com Web News Iowa State Patrol Fatality Reports for Saturday, September 4, 2010... Posted on 9/5/2010 Iowa State Patrol Injury Reports for Saturday, September 4, 2010... Posted on 9/5/2010 I-380 Pedestrian Struck and Killed... Posted on 8/30/2010 Is your motorcycle or bike insurance enough to cover your life?... Posted on 8/26/2010 Iowa State Patrol adding more troopers to Deadly Stretch of I-80?... Posted on 8/25/2010 Royal Links USA Claim Form and Victim Impact Statement... Posted on 8/23/2010 Truck Rear-ends Semi Killing Driver... Posted on 8/20/2010 Titan Workers Electrocuted, Was Lock-out-tag-out being used?... Posted on 8/17/2010 I-35 Flooding on Iowa DOT Temporary Flood Cams... Posted on 8/17/2010 Pedestrian on I-380 is struck and killed... Posted on 8/16/2010 Jasper County, Iowa (Newton) crash kills six... Posted on 8/15/2010 US: Firms must spell out workers' benefit rights... Posted on 8/15/2010 Dan Schorr... Posted on 8/10/2010 WikiLeaks... Posted on 8/10/2010 Head-on Car Accident in West Des Moines on 42nd Street... Posted on 8/8/2010 Fairbank Fatality - Investigators will ask was drinking involved?... Posted on 8/8/2010 Single-Truck Accident can be a Workers' Compensation Case... Posted on 8/8/2010 Lyon County Cow Causes Fatality of Cycle Rider... Posted on 8/8/2010 Out-of-State Auto Accident Pose Difficulties for the Injured... Posted on 8/8/2010 Who was driving the car?... 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Construction Site Accidents: Construction site equipment demonstrating the use of heavy equipment New York City Iron Workers Ironworkers - What does it takes to be an ironworker? Tort News: FDA News - Recall of Sprint Fidelis Cardiac Leads Heart device recall by Guidant and Medtronic Medtronic Recalls Certain Defibrillators (April 2005) Practice Tips: Law Marketing Firm | 6 Power Tips for Creating a Law Firm Marketing Plan: Part 1 Law Firm Marketing | 4 Myths that Keep Attorneys from Building a Referral Based Practice The Virtual Law Firm General: Car Accidents - Crash test for a 2007 Mazda CX-7 more FAQs Workers' Compensation I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair.   Why does the defense attorney want my tax returns? Will working overtime or holidays change my weekly workers' compensation check? I-35 I-80 I-235 I-380 Collisions/Accidents Is the driver of a motor vehicle responsible for his/her passengers actions? Recently, while behind a moving vehicle that had to stop quickly, my 16 year old daughter lightly hit the rear end of the vehicle. There appeared to be no damage to either vehicle but my daughter gave the other driver her name, phone number and insurance info. Later that day the driver called and said that after she washed her vehicle (a 2004 black Malibu) she found several scratches that she says has to be from my daughter barely hitting her. She now wants us to pay for the damage. She says she has an estimate of $350.00. What do you advise us to do? After the car wreck should I talk with the other guy's insurance company? They seem nice enough, polite and say they want to help. What should I do? Wrong-way Interstate and Highway Collisions in Iowa  What are the causes of wrong-way drivers, aka “ghost riders”? What else needs to happen to reduce wrong-way collisions? How can drivers avoid wrong-way driving? Pedestrian Collisions Causing Injury and Death Hi, I just read your article about injuries with the trucks backing up without the back up alarms. My car today was hit by a garbage truck (Ankeny Sanitation) when my boyfriend was getting out of the car- the truck came from behind our car and was backing up without a back up alarm. It hit the door and bent it forward- luckily my boyfriend did not already fully step out because when he turned his head the truck was inches from his face- if he had it probably would have taken his head off! I left a message with their company today to see if they will do anything about my car- the driver of the truck said he had brought up the issue that his back up alarm didn't work just this morning in a company meeting, but they obviously still sent him out without it working. I'm wondering if there are laws that say they have to have their back up alarm working now? This is so horrible what I read happen to others and it really is a dangerous problem! Thanks so much, Sarah My mom was crossing street in crosswalk. She was one step from stepping UP on the curb when a car came around the corner and struck her. She seriously injured and taken to hospital. She suffered severe brain trauma and was in ICU for 5 days before we had to let her go. The police said they did not drug or alcohol test the driver. Isn't that a law in Iowa to make sure they do that? How can a pedestrian avoid being hit by oncoming traffic? Car and Tractor Trailer Accidents I filed a claim with my insurance comp. on my truck now they are sending me a payment for the repair of the damage the person did and taking the other person to court for the money for the damage. Do I have to repair the damage on the vehicle or can I keep the money for something else?     My son had his drivers license pulled in the state of Iowa. He was living there at the time. He said it was pulled due to having possession of marijana. I would like to know more about the charges and if there is a fine we can help him with to get this behind him. Is it best to hire an attorney to do this, as I am not familiar with the processes involving problems with police or criminal acts. In March of 2007 I was the victim of a hit and run. I was driving and was hit on the driver's side by a car going approximately 90 mph according to the police. My head hit the door post, my face broke out the door window, My car was spun around and slid on its side about a block before coming to rest. I remember very little of what followed. I was taken to hospital by ambulance on a backboard and wearing a collar. They paid little attention to me over the next 3 1/2 hours except for taking some xrays. Then they sent me home. When my family and friends objected to this (they were worried about my head) the staff refused to do a head CT and sent me home anyway. By the next day my head, face, neck, shoulder, arm, ribcage, etc was swollen and bruised. My balance was off and I was having trouble speaking and focusing. When the swelling went down I had a facial palsy along with misc other problems. I have seen approximately 17 different doctors, I've been to Mayo Clinic and U of Iowa hospital. I had a CT about a week after the accident and was told it was normal but many doctors have said I have skull fractures, lesions on my brain from bleeding, my brain is twisted in my skull, my cerrebellum is fallen and pushing on my brainstem. I may have fractures of my C1 and C2. My right vertebral artery isn't working right and my basilar artery is kinked. My symptoms include facial palsy, vision difficulties, my tounge goes numb, I stop salivating, I bite my lips and toungue due to loss of muscle control. I also have a headache on the left side only most of the time, if I look up or tilt my head back I pass out, my left arm is weak and I have loss of feeling on my entire right side. I can't think straight, I can't multi-task, my speech is affected and I drool on myself. My balance is off so I fall alot and am always bruised. Trying to compensate for my balance issues has caused my knees to dislocate. I get nauseous alot. They say that in addition to the nerve problems there is also a vascular component. I'm told I will be like this now for the rest of my life. I lost my job, I had to take out my pension and lost alot of it due to my age (52) and am now on Social Security disability. I have been told by doctors who failed to document it that I should have been hospitalized and put in a HALO. I had an unstable neck injury that is no longer fixable without killing me. None of the hospital records agree. The nurses contradict the doctor who contradicts the EMTs who brought me there. And the EMT report said the damage to my vehicle was minor but my vehicle was totaled and the police report said there was more than 5000 dollars worth of damage. I just found out last summer that the hospital refused to do a CT and that I only saw a doctor for a couple minutes all the time I was at the hospital. My memory is effected by my 'minor' brain injury. Do I have a case? Is it too late? The kids who hit me were gang members who were shooting at each other while driving. They have nothing and will always have nothing. Large Damage, Major-Serious Injury and Death Cases If my son breaks his hand and is admitted to the hospital for a "few" days, what are my options for time off work? What are the legal consequences in altering a prescription prescribed by a doctor? Police Brutality: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it? Cheerleading Safety and the Law of Cheerleading My mother is severely over weight and I am 18 years old and i take care of her back in August of 2009 she told the doctor that she is unable to come up and see him and he kept treating her to take away her medication and in December 2009 we finally convinced him to come to our home and see her well since then he is now trying to force her to go to a nursing home after he told her it was her choice and she has told him she doesn't want to go she is satisfied with the care I provide her and now he is refusing to refill her medicine and threatening to turn me into DHS can he do this i need help bad. Are there any safety standards for high school and college cheerleading coaches? Is cheerleading a contact sport? Work-Comp For Doctors! I fell at work and had rotator cuff repair and was told by the Dr. if I injured it again it would not be repairable and then instructed to return to work the next day for light duty. The hospital told me I could take my PTO time for two weeks as they thought this was unreasonable instruction. What should I do? This happens a lot with this Doctor's office I feel this is unfair. How can the doctor make the Iowa workers' compensation case easier? As a physician what can I do to make everyone's job easier? What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error? Is it legal to perform a tubal ligation without written consent? Motorcycle & Bike Accidents What is uninsured or underinsured motorist coverage on my auto insurance policy? What are some of the things I’ll need to prove a car accident claim? If I wasn't wearing a helmet during an accident and suffered traumatic brain injury, will I be precluded from recovering money damages? Construction Site Accidents If a construction worker falls to his death, what if anything can be done legally? There is a stress tag on the lanyard I use on the construction site. What is it for? Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998? Injury - Property Defect-Animals If I hit a Farmers Cow going down the road am I responsible? I have a neighbor who has several dogs (over the legal limit for our state) and does not always keep them on a leash. I have made several complaints to "Animal Control" through our police department, but nothing ever gets done about this. I have to walk to the house next door to them to drop my baby off at the sitter. If one of their dogs attacks me do I have grounds to sue, and if so, who would I sue? I fell in a manhole and the city of des moines and waterworks are fighting who will take the blame do i have a good case? Client Trial-Deposition Preparation Do I have to attend the deposition? What is a deposition? What is an Interrogatory? Tenant-Landlord Relations On Jan. 6, 2010 I was checking my mail and then went to walk down the front steps leading to the sidewalk to get into my vehicle. My landlord had not shoveled snow or ice off the sidewalks or walkways all year. I fell going down the steps and broke my arm. The landlord said I need not pay Jan. rent for pain and suffering. I received a bill from the ambulance service and the landlord said I didn't need to pay this months rent(March. I told him I needed the name of his insurance company and he said he does not have insurance. He has stated to me that the next tenant that tries to sue him will be evicted. What should I do. I am on disability and would like some answers. It appears that I may need physical therapy. Any assistance you can provide will be appreciated. Must we return a rental deposit if the property burned to the ground? My wife wants a seperation, i told her thats fine but im not leaving the house who has to leave? Civil damage lawsuits and criminal law deaths, OWI and drunk driving Why in the first 10 days after an OWI arrest is it important to see an attorney?  Why are the first 10 days so important? What will I lose if I wait till day 11? What happens during the first ten days after I've been arrested for drunk driving? How do I find an Iowa OWi or drunk driving lawyer to defend me? Criminal Law Commentary - Todd Miler What information will a lawyer need at an initial interview for a criminal defense? How much does it cost for a criminal defense? MOTORCYCLES, TRUCKS AND AUTO WRECKS After the wreck the other driver admitted it was his fault, but now he's recanting! Can he do that? WORKPLACE INJURIES If I'm hurt at work what benefits am I entitled to receive? Why is it important to tell my supervisor about being injured? I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to prevent the war of work comp.? Thank you for your reply. WHAT IS FAULT AND NEGLIGENCE? School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction? How can you prove fault or negligence against a railroad? The train was stopped for a long long time and I ran into it. Are they at fault for blocking the roadway? Can an 8 year old be found to be negligent? PROPERTY CASES I need my name off of a mortgage on a house I no longer live in. I purchased a Mini Dirt Bike from a Dealer on payments. My son rode it 2 times. Now it will not work. If there is not a contract should they have to give my money back?