When you are injured as a direct result of someone else’s negligence, it can be problematic to discern in which category—workers’ compensation or personal injury—the incident belongs. Educating yourself about the primary differences between the two could alleviate some of the disorienting and puzzling questions…
It is Monday morning and you report to your job as a file clerk in a major corporation. You go to the filing cabinet to get a file and trip over a drawer that was left open again, despite numerous complaints to management about the…
In 2004, Eddie Heckman of Alliance was injured while working for Burlington Northern Santa Fe Railroad. In 2011, Heckman was awarded $145,000.00 by a jury for his injuries. Although the award was paid by the railroad, $6,200.00 was deducted for tax withholdings for the lost…
A Sarpy County jury reached a $150,000.00 verdict on behalf of our client William “Bill” Kernes on February 24, 2010. Mr. Kernes was injured while working for the State of Nebraska as...
It is reported in the Cincinnati Post that A federal jury awarded $17.5 million to a welder who sued five companies on claims that he got sick from inhaled fumes, marking the second time in 18 such cases that a verdict has come down on the side of workers.The jury in Cleveland found that the five companies showed negligence by not warning the plaintiff of the toxicity of manganese in their...
The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court's acceptance of a cause of action for the retaliatory demotion for the filing of a Worker's Compensation claim. [7] Focusing on our rationale in Jackson, we conclude thata cause of action for retaliatory demotion exists when an employerdemotes an employee for filing a workers' compensationclaim. When we recognized a...
The recent case of Olson v Capital Electric handed down by the Nebraska Court of Appeals as an unpublished opinion says no you don't have to move. Olson an injured electician refused to move to Kansas City to work for Capial Electric while he was released from his doctor with light duty restrictions which could not be accomodated on his regular job with Capital in Omaha Nebraska. Capital...
The case of Riesen v Irwin Industrial sets out Nebraska's analysis for a retaliatory discharge for the filing of a worker's compensation claim in an "employee at will" state. The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden of proving a prima facie case of discrimination. See Goerke, supra. Second, if the plaintiff...
The Nebraska Supreme Court in the case of Didier v Ash Grove Concrete reiterates the rules by which an employer of an independent contractor may be vicariously liable to an injured third party. As noted above, an employer of an independent contractor is generally not liable for physical harm caused to another by the acts or omissions of the contractor or his servants, but an employer of an...
A jury on Tuesday found makers of welding rods were not liable for the health problems of a former civilian worker.Ernesto G. Solis, 57, claims years of exposure to welding fumes at his job damaged his health because of exposure to manganese within welding rods. There are thousands more individuals pursuing similair claims. This is an issue in which the scientific evidence is not clear cut, so...
