The Verdict

Large Damage and Major/Serious Injury Cases

• Part II – Wrong-Site Surgery - The Surgeon Doctor’s Clinic
• Part I - The Board of Medicine - Who is this surgeon?
• INTRODUCTION TO WRONG-SITE, WRONG PROCEDURE AND WRONG-PATIENT SURGERY

Workers' Compensation

• Where have all the lawyers gone? We need more lawyers in the legislature.

Construction Site Accidents

• Construction Safety - Trench Collapse

Motorcycle Accidents

• Motorcycle Safety – It’s about watching out for the unexpected and paying closer attention – and not just for those on the motorcycle.

Car and Tractor Trailer Accidents

• Passing when there isn't enough time can have deadly consequences.

Motorcycle Accidents

• Hit-and-Run Wrecks - Is this an old problem with a new twist?

Trial Practice - Moslty for non-lawyers

• Family Law – Broken Heart – Must I Give Back the Engagement Ring?

General

• The Verdict

view all

Client Toolbox

Workers' Compensation

• Revisiting the Going and Coming Rule in Iowa

Trial Practice

• InBrief: Medical Billing Tricks of the Trade Part 1
• Hospital Billing: Tricks of the Trade Part II
• Inadvertent Disclosures and the Attorney-Client Privilege in the Electronic Age
• CaseMap, Assisting Litigation
• Negotiation Techniques in Litigation

Attorney Toolbox

• Attorney Toolbox

FAQs

Motorcycle Accidents

After a motorcycle crash what is the most important thing to do?

Why is saving the helmet important following an accident?

After the collision what should I do with the motorcycle?

Construction Site Accidents

No one is using fall protection on the construction site. What should I do?

The fall protection equipment being supplied on the job site isn't what I want to use. What can I do?

Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

Large Damage and Major/Serious Injury Cases

What bills and expenses can I include in my personal injury case?

How do I know if I’m being overcharged for medical charges?

I don’t think we need a lawyer at this point but we do need information about what to expect with my son’s brain injury. Where can I go for information?

Workers' Compensation

In what state am I entitled to benefits? I drive a truck for a living. I live in Iowa, they dispatch me out of Indiana and I wrecked the truck in Utah.

Is it alright to trust the insurance companies case manager?

What is my shoulder injury case worth with surgery?

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 after returning to work I reinjure myself will I be entitled to additional workers' compensation benefits?

Why is it important to tell my supervisor about being injured?

If I'm hurt at work what benefits am I entitled to receive?

WHAT IS FAULT AND NEGLIGENCE?

What do the lawyers mean when they talk about negligence? They also use the word "fault" and I'm not sure what that has to do with how much I'm going to recover.

If while driving under the speed limit, I rear-end someone in a rain storm will they consider me at fault for the accident? I've seen two PI lawyers who say the driver was at fault. What should I do?

School treats and peanut allergies. Must the parents who provide school treats pay medical expenses for student's allergic reaction?

PROPERTY CASES

There was an ice storm that hit my area of Iowa and a limb from my tree hit my neighbors garage. it only put a small hole in the overhead garage door and dented the rain gutter. to what extent am I liable for that damage? is it my responsibility to pay for repairs or is that her insurances responsibilty? Is this an act of God?

TRIAL PRACTICE

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

What does it mean to be a trial lawyer?

I'm a young lawyer, inexperienced but eager to learn. I joined my state trial lawyer association and signed right up for the LISTSERV. There are all sorts of lawyers who give advice and guidance. Is there anything I should be worried about?

DEFAMATION - LIBEL AND SLANDER

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?

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?

What do I need to prove?  What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue. What are the main elements of a defamation actiion?

BEING A CLIENT

I'm on long term disability (LTD) and am being told benefits are going to stop because my diagnosis has changed. The insurance company refuses to tell me why. Am I entitled to know why? Is there something wrong with me asking for an explanation?

What is the best way to communicate with my lawyer?

What if my lawyer doesn’t return my phone calls or email questions?

General

Where can I contact Miller Fall Protection?

more

Construction Site Accidents

It’s dangerous to work in a construction site.  Figures from the Bureau of Labor Statistics show that more workers are killed while working on construction jobs than in any other occupation despite attempts by the Occupational Safety and Health Act (OSHA) to improve workplace safety.   Construction site accidents that cause serious injuries or death can be caused by falls by failing to tie off, chemical spills, explosions, the wrong hand signals to crane operators, scaffolding that collapses due to incorrect erection, faulty or improper or no safety equipment being supplied, dropped or falling objects, defective machinery and tools, welding, excavations, wall or supports collapsing, no breathing apparatus causing asphyxiation, improper training, improper supervision, along with many other failures.  These dangers can cause serious injuries including:  sprains, fractures, dislocations, burns, loss of an arm or leg, loss of eyesight, spinal cord injuries, head injuries resulting in brain injury, or even death.  While all employees are entitled to compensation from workers’ compensation, those benefits often falls short of covering the continued medical bills and future lost wages from not being able to do the same job after treatment is completed.  Worse still, the insurance company often times denies the claim for workers’ compensation and leaves your family finances in dire straits causing damage to your credit while creating an uncertain future for you and your family.  

If you are injured on a construction site in central Iowa, do not simply accept it as “part of the job.”  It’s important to contact an experienced attorney who is familiar with the laws related to accidents, who knows the benefits you’re entitled to, and who is willing to fight for your rights.  After all, the insurance companies see you as a cost, and your employer, who must file the paperwork for your compensation, may not be willing to do more than the insurance adjuster offers you.  That’s when you should call someone like Steve Lombardi who, with over 26 years of experience, knows how to help you through this process.  

The safety regulations set out in 1970s OSHA have gone a long way towards preventing many accidents and fatalities.  Although the rates of fatalities decreased during the eighties and nineties, 2004 marked an alarming trend:  the number of workplace fatalities actually increased.  In 2005, 1,186 construction workers were fatally injured; in 2006, according to the National Census of Fatal Occupational Injuries, there were 5,703 fatal workplace injuries.  Most injuries came from construction (1,226).  As experts point out, however, the increase is somewhat negated by the fact that there are simply more workers in construction. If you’re one of the injured workers, then statistics are meaningless when it comes to paying your mortgage or rent, truck payment, utility and grocery bills. Worker injuries increasing or decreasing isn’t important when it’s you that is injured.

Recently, OSHA has moved to update safety standards and equipment regulations, recognizing that much of the equipment has changed since OSHA’s inception.  Cranes, for example, are built now using hydraulics, but the regulations described “crawler cranes” that do not use hydraulics.  Crane operators using older models could “feel” the machine starting to tip and accommodate, but they don’t get the same sort of response from hydraulic equipment.  In the early part of the twenty-first century, several attempts were made at developing new standards for operating cranes.

Currently, 15 states require crane operators to be licensed by a company that is also licensed.  Iowa is not included on the list, nor are crane operators required to be certified.  Even though there are many crane operators working on construction sites who argue that licensing by a full-time, nonprofit organization is necessary (because the days of  "we've been doing it that way for 20 years and never had an accident" are past), some states and the federal governments resist mandating certification laws. When you are injured due in part to an improperly operated crane what the State or Federal governments have failed to do matters little, because your bills are due now; not in ten years.

Many states did not initially mandate certification or frequent inspections.  Severe accidents, however, often force politicians to act for changes needed to protect you and your family from financial ruin.  Washington illustrates one such example.  In November 2006, a 210-foot crane being used to construct a new building collapsed in downtown Bellevue, WA, killing one person and damaging three buildings.  While the collapse was caused by a faulty construction design, not operator error, Washington passed legislation to mandate crane inspections, load tests, operator certification, and inspections of any non-standard bases.  Washington’s crane-safety laws are now some of the strictest in the nation. But why should it take a worker’s life to cause change?

Unfortunately, legislation such as this is not being passed at a national level but is left for the states to decide.  To compound the problem, according to LIUNA General President Terence M. O’Sullivan, OSHA’s budget has been cut for five years straight.  While overall better standards have been developed, there are also many states where those safety standards are not mandated, and the lack of funding suggests that the improvements may not be as effective as hoped.  So who works to help you?

Because safety regulations are not fully enforced, more construction workers are getting hurt.  According to the Bureau of Labor Statistics’ publication “Nonfatal Occupational Injuries and Illnesses Requiring Days away from Work, 2006,” 40,510 construction laborers took time off work for non-fatal injuries and illnesses.  Despite updates to 30-year-old regulations regarding machinery and despite attempts to increase workers’ and employers’ awareness of safety regulations, not enough is being done to ensure the safety of workers on construction sites.  

With all the risks you take by working on a construction site, the one thing that is not a risk is hiring Steve Lombardi to represent your interests. We work for you not for well-paid lobbyists.  If you have been injured in a construction site accident, he will apply his 26 years of experience and knowledge about labor laws, workers’ compensation, construction site accidents, and the court system to fight for your rights.  You can reach Steve Lombardi, of Lombardi Law in Des Moines, Iowa, at 515.222.1110.

---

Frequent Questions for Construction Site Accidents:

• No one is using fall protection on the construction site. What should I do?

• The fall protection equipment being supplied on the job site isn't what I want to use. What can I do?

• Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

• There is a stress tag on the lanyard I use on the construction site. What is it for?

• If a construction worker falls to his death, what if anything can be done legally?

---

Web Resources for Construction Site Accidents:

• Safety Equipment Organization

  Description: Since its founding in 1933, the ISEA and the industry it represents have been making work safer for men and women in the US and around the world. Throughout the year, we'll be telling the story of the progress of this industry and its contribution to advancing occupational safety and health, and making a better life for millions of workers.

• Construction Safety Equipment

  Description: The AEC CommunitE-store offers construction safety equipment including eye safety, face protection, fall protection, first aid kits, hand protection, hearing protection, protective footwear, rainwear, respiratory protection, signage, books, traffic safety products, wearables, lockout/tagout goods, safety instrumentation, branded items and construction site printing services. Shop the store for all of your construction and safety equipment needs.

• Protective clothing and footwear

  Description: Wearing the correct clothing can save your life. Spend the money to work safely. Spend the time to learn how.

• Fall protection through netting

  Description: One out of ten construction workers is injured on the job each year, and falls are the single leading cause of construction accidents, injuries—and fatalities. The statistics are sobering—but your employees don’t have to become casualties. Team up with InCord and let us custom-engineer safety netting and fall protection solutions for your construction operation. We make durable, dependable safety nylon and polypropylene netting in any size or shape for any type of site—whether you’re building houses or high-rises.

• Fall protection - harnesses & lanyards

  Description: We carry: fall protection products, fall protection equipment, osha fall protection, fall protection system, fall protection harness, harnesses, construction fall protection, fall protection safety products, roofer fall protection, roofing fall safety systems, fall protection lanyard, retractable lanyard, safety lanyard, fall safety lanyard, retracting lanyard,self retracting lanyard, miller fall protection, lanyards, fall arrest safety gear, ropes, lifeline systems, carabiners, roof anchors, rope lifeline, fall protection rope, industrial rope, capital safety equipment, anchor points, anchor systems climbing rope and more.

• Fall protection - Harnesses and lanyards

  Description: Since 1972 RTC has met the Fall Protection needs of companies in diverse industries throughout the world. Whether you need basic equipment, like a harness and shock absorbing lanyard, for rooftop or construction applications, or an engineered fall protection system, RTC can meet your needs.

• OSHA at the US Dept of Labor

  Description: This site is essential for any trial lawyers tool box. Here the DOL provides access to all OSHA related information including the law, rulings and letters clarifying OSHA's interpretation.

Name:

Phone:

Email:

Tell us more:

Lombardi Law Firm
Three Fountains Office Park
4200 Corporate Drive, Suite 112
West Des Moines, IA 50266

Toll Free: 800-383-0331
Phone: 515-222-1110