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Workers' Compensation

4/22/2009
Steve Lombardi
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Workers Compensation: Death from a saw kickback

On April 15th 2009 33 year old Eugene Hakes was killed it work when a large, gasoline powered saw he was using to cut through a water main kicked back and cut his throat. Coworkers saw him holding his throat and tried to help him and called 911, when he reached the hospital he was pronounced dead.

Two months ago OSHA fine A-1 nearly $700,000 for 11 workplace violations involving trenching operations while A-1 has challenged the fine one has to wonder if any of these violations ultimately resulted in Mr. Hakes death. An investigation into the accident is ongoing.

AVOIDING TABLE SAW KICKBACK

Many workers who are injured don't understand the necessity of safety. Others aren't  trained property and still others fear being fired if they ask too many questions and give the impression they aren't qualified. Still others simply don't read the safety manual for whatever reason.

Employers need to make sure all safety equipment is utilized and manuals are read and understood. It's the employer's responsibility to ensure a safe workplace. Not the employees.





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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