Workplace Injuries

• It's good to mitigate your damages

  John Inserra | March 23, 2010 5:05 PM | 0 CommentsOmaha, NE

  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...

• Welder Recovers in Ohio for Manganese Exposure

  John Inserra | December 10, 2007 8:35 AM | 0 CommentsOmaha, NE

  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...

• Retaliation in Worker's Compensation

  John Inserra | July 09, 2007 12:48 PM | 0 CommentsOmaha, NE

  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...

• Unions say electrical hazards high for workers

  Staff Writer | January 18, 2007 1:42 PM | 0 CommentsLincoln, NE

  UNI global union reports that there has been an recent increase in electrocution deaths among technicians at American companies, and many union leaders are pushing for employers to offer greater protection against these worksite injuries and deaths.CWA and the IBEW have met with Verizon, AT&T and others to discuss and encourage positive changes in training, education, equipment and other areas....

• ASSE to discuss hexavalent chromium standard

  Staff Writer | January 18, 2007 1:22 PM | 0 CommentsLincoln, NE

  A report from Des Plaines, Illinois, says that The American Society of Safety Engineers (ASSE) will host a discussion of the U.S. Occupational Safety and Healthy Administration (OSHA) Hexavalent Chromium Standard this month. OSHA created the standard to improve the safety, health and environmental profession. Hexavalent chromium (CR(VI)) exposure can be detrimental to workers' health in a...

• State trooper's family in worker's comp court battle

  Staff Writer | December 27, 2006 9:56 AM | 0 CommentsLincoln, NE

  The family of a state trooper who committed suicide after the Norfolk Bank shootings in 2002 is nearing a heated court battle over worker's comp claims.A report from ktiv.com News Channel 4 details the story:Zach committed suicide the day after five people were shot to death inside a Norfolk bank in September 2002.He'd pulled over one of the bank shooters, Erick Vela, the week before the...

• Do I have to Move?

  John Inserra | August 22, 2006 9:07 AM | 0 CommentsOmaha, NE

  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...

• Retaliatory Discharge

  John Inserra | July 21, 2006 11:20 AM | 0 CommentsOmaha, NE

  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...

• Vicarious Liability of a Third Party in a Worker Compensation Case

  John Inserra | July 21, 2006 11:04 AM | 0 CommentsOmaha, NE

  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...

• Welding Rods and Parkinson's Disease Verdict in Cleveland

  John Inserra | June 28, 2006 3:54 PM | 0 CommentsOmaha, NE

  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...