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Workers' Compensation

8/2/2009
Steve Lombardi
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Pipe Rolls off Truck Killing Ft. Dodge Man

On Monday July 20th 2009, Larry LaCroix of Fort Madison died at University of Tennessee Medical Center in Knoxville after he was crushed by a load of pipe he was delivering to the cleanup site of a coal ash spill in Tennessee. Mr. LaCroix was releasing a hold-down strap on his flatbed trailer when the 20-inch diameter pipe came loose and rolled on top of him officials said The cleanup was halted temporarily so that safety procedures could be reviewed with the hundreds of workers at the site.

While deaths like this happen all the time a majority of the time they are completely unavoidable and you have to ask yourself a couple questions:

1.     
Did the procedures in place lead to the untimely death of Mr. LaCroix?

  1. Were the safety procedures followed by Mr. LaCroix and by the other workers involved?
  2. Were the workers being pushed along to unload quickly or in ways an accident was inevitable?
  3. What if anything could have been done to prevent such a tragic death?

Dependents of Mr. LaCroix are entitled to workers’ compensation benefits. Those benefits may be higher in Iowa, of which they may be entitled. The insurance company isn’t likely, based on past practices in the industry, to pay the highest benefits to the widow or dependents. The dependents should contact an Iowa lawyer to review how much is being paid in weekly indemnity benefits. Weekly indemnity benefits are those benefits received like a pay check. He is also entitled to some death benefits and medical benefits.

1.                  Should workers’ compensation benefits be paid in Iowa or Tennessee?

2.                  Are there dependent benefits owing?

3.                  If benefits are being paid, is the correct amount being paid?

4.                  Have all death benefits been paid?

The Des Moines Register article indicates the construction site was at the Tennessee Valley Association’s Kingston Fossil Plant near Knoxville. He was working for WW Transport from West Burlington, Iowa. There are two companies with similar names registered in Iowa.

150289

W. W. TRANSPORT, INC.

Active

Legal

272526

W.W. TRANSPORTATION, INC.

Active

Legal

W.W. Transport, Inc. is out of Burlington, Iowa on Mt. Pleasant Street. (Corp. No. 150289)

W.W. Transportation, Inc. is out of Ft. Dodge, Iowa. (Corp. No. 272526)

W.W. Transport, Inc. has offices in Iowa, Illinois, Ohio, Pennsylvania, Florida, North Carolina, Texas and Indiana. The main office is in West Burlington. webpage states:

W. W. Transport was started in 1991 when Jeff Walters, (president of the company), saw an opportunity to better supply raw materials to a local concrete company. Jeff and a few partners bought a truck and a specialized trailer to haul aggregate and cement to the pre-cast concrete company. They also purchased a flatbed trailer to help with the delivery of finished product. It was not long before they ventured into bulk hauling, vans and specialized hauling with flatbed and heavy haul equipment. The company has grown to a fleet of over 200 trucks with terminals in PA, IL, FL, TX and OH. Our largest division at this time is the bulk division followed by flatbed and van.

Straitline Transportation is owned and operated as a separate company, while residing under the same roof as W. W. Transport. Straitline owns assets, and leases them to W. W. Transport. Straitline’s main responsibility is to operate a brokerage and logistics company that works as a partner with W. W. Transport. W. W. and Straitline are two separate companies that work together for the benefit of our customers. We have the ability to move freight as an asset based carrier or a brokerage. We operate trucks in the 48 contiguous states and have customer and carrier contacts all over the nation. We have experienced drivers, and strive to maintain a clean and safe fleet.

 We hope to grow our brokerage and fleet operations by partnering with quality minded, leading edge customers that are looking for a quality carrier that can handle all their transportation needs. We want to provide a one-stop shop for our customers. We believe that profitability is important for both parties and that in order to make money, quality communication is key. We work hard to make ourselves accessible and will continue to work and grow with the customers we serve.  





After a worker is injured is when they need the support of their employer the most. But injured workers aren't given a level playing field. The company doctor often times is not helping them and the case manager isn't either. The worker is left alone to fend for themselves and to make mistakes that result in lower benefits or fewer weeks of benefits. Some are sent back to work too soon. There is only one person on your side and that understands this system. If your lawyer doesn't understand the nature of this claim you've got the wrong lawyer.  Steve Lombardi has practiced in the area of workers compensation for over 30 years. He's tried hundreds of cases for more than one thousand clients. If you'd like help finding a competent lawyer we do assist people in locating a lawyer in Iowa or in Illinois.  Call us.

If you have a question about your case, give us a call or drop us an email. LOMBARDI LAW FIRM - 515-222-1110 or sdlombardi@aol.com. If you or your spouse are involved in a work accident contact the Lombardi Law Firm. We will assist you with your claim.
Steve Lombardi, Attorney




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What can I do if I was hurt at work and my employer has not helped me yet? I got hurt at work over a month ago and I am in need to get a MRI and the company keeps putting it off. They did not turn it in to workman's compensation and I need to see what's wrong. I am having a lot of pain. What can I do?

What can I do if worker's compensation won't communicate with my attorney? I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job won’t let my come back unless I am free from restrictions and free from doctors’ care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost. and yes i do have a lawyer but it seems as if he can’t do anything either. workers comp wont communicate with him or email back they won’t correct my amount or back pay me so I'm like what do I have a lawyer for again?

Can I sue my employer if I was injured at work after several months?  I got hurt while working at a company. They treated me for tendinitis and kept me working under lifting restrictions. Seven months later they found an almost 2 inch tear in my rotater cuff. I had surgery then physical therapy for 5 months. After about 3 months of progress at PT I started having severe pain. I returned to the doctor and was put on an anti-inflammatory. I am still currently taking them. A few months prior to having or even knowing about the surgery, I had plans to move closer to family. I had asked my job if my injury would affect my transfer, I was told 'no not at all' they even helped me put in the transfer request. I recently made the move from Pennsylvania to Nebraska. I am now being told that I am non-transferable. I have been with this company for over 3 years, had an excellent annual evaluation, and did everything they asked up until the move. Due to the continuous inflammation and pain, I'm unable to do previous jobs or personal tasks. Do I have a case? Could I sue for continued medical care or a settlement?

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