A workers' compensation ruling was recently reversed in a Nebraska Supreme Court decision. The court declared that the exclusion of one word from the correct standard to apply might be enough to withhold the workers' compensation benefits to an employee who had been injured at a social event organized by his employer. Although the employee's attorney had no comment about the ruling, the counsel for the employer conceded the legal process was not yet over.
When a worker has been injured on the job in Nebraska, this can pose a financial hardship on the worker and his or her family. One worker in another state recently suffered an on-the-job injury after working with a machine that did not have safety devices. This incident led to his employer being fined by the Occupational Safety and Health Administration.
The previous judgment from a workers' compensation death benefit appeal by an insurance company based in Nebraska has been overturned in favor of the family of the victim. The family of a 36-year-old carpenter said he died from an overdose of prescription drugs after hurting himself on the job. The verdict on this workers' compensation case has been reversed twice.
Falls are one of the most common accidents that occur on work sites. In a number of cases, proper safety equipment can reduce the possibility of injury or death. Unfortunately, even when protective equipment is used, a worker can still be injured or killed by a fall, which often leads to the need for workers' compensation benefits.This may be the case for the family of one Nebraska man who died after an on-the-job injury.
Unfortunately, some companies put their workers at risk of injury or death every day. Although some hazards are unpreventable on the job site, others could be prevented if the right steps were taken to insure the safety of the workers nearby. However, these steps are not always taken by those who are in charge of the work site, and some workers are put at risk for no reason at all. One worker died from an on-the-job injury that resulted from an accident in Nebraska.
Construction crews can sometimes be put into very dangerous situations when their job site is located next to a road. The negligence of drivers can often lead to the injury of these workers, and even missed work for them. Luckily, many of these people have the ability to receive workers' compensation if and when they are injured on the job, which can supplement their income while they are out of work.
OSHA conducted an investigation after the death of a worker and found a Nebraska company to have several serious safety violations. Witt Plumbing Inc. has been placed on the Severe Violator Enforcement Program as a result of the on-the-job injury that resulted in the employee's death. The worker was injured and later died after the trench he was working in collapsed on him. OSHA has determined that the violations, two of which were attributed to gross negligence, are a result of the company's failure to ensure all safety measures were enforced. The finding was made concerning an accident that occurred earlier this year.
Lump Sum Settlement
I'm Bob Moodie from Friedman Law Offices in Lincoln, Nebraska. Thank you for visiting our blog. We hear a lot of questions about settlements in Workers' Compensation cases. If you are thinking about a settlement in your case here on some things you know.
People will often ask us if their workers' compensation case will have to go to court. That's a question that will have to be answered on a case by case basis. Often times we are able to accumulate the evidence necessary to convince the employer or insurance company to voluntarily pay the workers' comp benefits that are due. But unfortunately one of the terrible truths about W/C is that the insurance company doesn't have to pay anything unless a Judge tells them they have to. If you cannot convince the insurance company to pay, your only alternative is to file your case in the Workers' Compensation Court and let the judge make a decision.