Atwood LawWorkers' Compensation & Injury Lawyers2026-11-12T14:53:43Zhttps://www.atwoodlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303048/2023/12/cropped-logoo-32x32.pngOn Behalf of Atwood Law<![CDATA[I’ve been injured at work – what do I do?]]>https://www.atwoodlaw.com/?p=523332026-10-02T20:05:37Z2026-10-02T19:48:10Zemail us for a free consultation.
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Part 1: Recordkeeping
Accidents at work come out of nowhere. They put extreme emotional and financial strain on the injured worker and his or her family. If you are injured, physically restricted, or have been terminated from your job due to a work injury, you should pursue potential worker’s compensation remedies available to you. While each case is different, the following tips may work for you! Here are some general steps you can take toward the successful pursuit of a worker’s compensation claim.
Step 1: Record the incident
Above all else, immediately report your accident or injury to your supervisor! If and when you have a work accident resulting in injury, immediately write down the particulars of the incident while they are still fresh in your mind. This should include the time, date, location and circumstances of the event and contact information for any persons who witnessed the accident. Your report of the accident forms the basis for your claim.
Step 2: Obtain your personnel file
As soon as possible, obtain a copy of your personnel file from your HR representative or your direct supervisor. Your personnel file – records of prior reprimands and commendations, information about pay raises, annual reviews, and other employment details – contains key information about your employment history. Keep a hard copy of all the formal developments in your employment, especially those pertaining to your accident.
Step 3: Keep all pay stubs and other records from your employer
Keep employee handbooks, check stubs, and any written information you receive from your employer. These records help to establish your wages at the time of your injury and your employment rights and liabilities. These records help define benefits to which you may be entitled if you are injured on the job.
Part 2 – Seeking Medical Treatment and Legal Assistance
Step 1: Get Medical Treatment
If your work injuries are significant and require medical care, obtain care as soon as possible. Be certain to make a record during your medical visit of all injuries you suffered in your accident. Advise your medical provider of the specifics of your accident: how it happened, when it happened, and why it happened.
Step 2: Follow Your Treatment Plan
Follow medical orders from your healthcare provider to treat your injuries. This includes taking medication prescribed, submitting to all recommended diagnostic testing, and following any “medical restrictions” imposed by your healthcare provider. Don’t assume that your injury will go away on its own without medical care.
Step 3: Seek Legal Assistance and Advice
If your injury is serious and likely to result in permanent impairment, set up an appointment with an accomplished workers’ compensation lawyer to discuss your claim. Virtually all WC lawyers will evaluate workers’ compensation claims and advise you of your rights in a no-cost and no-obligation case evaluation. More likely than not, you will receive invaluable information and advice in this visit.
Step 4: Hire A Lawyer
If your claim merits it, retain a workers’ compensation lawyer to represent you. Virtually all WC lawyers will handle WC cases on a “contingency-fee” basis, which means that the lawyer’s legal fee is based only on your recovery funds. If you win, you pay a fee. If you lose, no attorney fee is due. In choosing a qualified lawyer, always remember that some lawyers are better, and in some cases, much more experienced and capable, than others. The best lawyer will typically get the best recovery available on your claim and make the process easier for you.
Part 3 – Documenting Your Accident
Following a work-related injury, you should be proactive in creating documentation of your accident above and beyond the paperwork your employer is required to keep. You should approach your co-workers for witness reports and keep records of communications with your employer. The records you create will supplement the records you collected for Part 1 of this guide.
Step 1: Reach out to co-workers
Have your co-workers write out an accident report detailing what they saw. Your co-workers may have seen your accident and may be able to act as witnesses. Their reports should include any specific equipment you were working with, the area you were in, and what you were doing. Example: “Sam tripped on the doorstop at the east entrance to the warehouse and fell while carrying two boxes. He hit his right shoulder on the ground,” is better than, “Sam tripped and fell while carrying boxes.” The more specific witnesses can be, the better. Get personal contact information from anyone who you may need to call on later, as work contact information may change.
Step 2: Send follow-up emails to your supervisor
Create a record of any meetings you have with your supervisor by sending a follow-up email right after your meeting. Recap what you talked about and solicit a response. It is in your best interest to be professional and avoid argumentative language – the purpose of this communication is to serve as a record of your meeting with your supervisor, and it may be the only one. A good way to start a follow-up email is with the phrase, “This email is to confirm our meeting regarding…” An email summary of your meeting has the benefit of being easy to retrieve and, if you receive a response, confirmed by your supervisor.
Part 4 – Returning to Gainful Employment
So far in this step-by-step guide on what to do after you’ve been injured at work, we have gone over the recordkeeping you should do immediately following your accident, how to seek medical treatment, how to seek legal aid, and the ways in which you should reach out to bosses and coworkers. By this point, you have obtained a number of important personal and employment documents, sought out healthcare providers, and decided whether or not to hire a lawyer.
In Part 4, we will discuss the question of returning to work – when, how, and whether to do so.
Choosing Whether to Return to Work
There is no one-size-fits-all rule for returning to work. Everyone’s situation is different. The nature, extent, and permanency of your injuries will guide your decision.
The first question to ask yourself is whether you are able to return to work for which you have prior training or experience. The second question is whether returning to your old occupation will make your injuries worse. If the state of your health does not prevent you from working, in many cases it is a good idea to go back to work.
If you are unable to work or if returning to work will worsen your injury, you should explore vocational rehabilitation.
Vocational Rehabilitation
Once you have legally established that you are unable to perform suitable work for which you have previous training or experience, you may be entitled to vocational rehabilitation benefits under the Nebraska Workers’ Compensation Act. Vocational rehabilitation is a form of benefits for injured workers that is designed to help you to return to suitable employment while taking into consideration your injuries, restrictions, skills and education. Vocational rehabilitation is paid for by your employer or its insurance company and the Nebraska Workers’ Compensation Court. A vocational rehabilitation counselor will assist you in exploring the following options:
Return to previous job with same employer;
Modification of previous job with same employer;
New job with same employer;
New job with new employer;
Formal retraining – ranges from six months to four years, but typically involves a two-year associates degree.
No formal retraining will be approved by the Compensation Court unless all lower priorities have been determined to be unlikely to result in suitable job placement or return to work.
Serious Injury and Permanent Impairment
If you have reached maximum medical improvement but your work-related injuries pose permanent impairments, you are likely entitled to long-term benefits for these permanent injuries.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1303048/2023/12/cropped-logoo.png[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] represent employees who have been seriously injured at work. Call [nap_phone id="LOCAL-CT-NUMBER-5"] or send us an email to request a free consultation. We handle workers' compensation claims throughout Nebraska and Iowa.[/author_info] [/author]
]]>On Behalf of Atwood Law<![CDATA[What to do when a workers’ compensation claim is denied because of a preexisting condition]]>https://www.atwoodlaw.com/?p=468862025-11-24T20:05:50Z2025-11-24T07:30:00Z"This claim has been denied."
These are the last words anyone wants to read after filing a workers' compensation claim, yet it happens more often than most people think. One of the most common reasons workers' compensation claims in Nebraska are denied is because of preexisting conditions.
Many injured workers give up when they receive a denial. They do not realize they have options. Here is what insurers do not say in their letters: You may still be able to recover have a valid claim. Find out what you can do if your workers' compensation claim is denied because of a pre-existing condition.
How Nebraska law treats workers' compensation claims with preexisting conditions
Insurers are conservative by nature. When medical records reveal an injured worker has a preexisting condition, they often do not dig further and assume the condition was responsible for the injury instead of the place of employment.
According to Nebraska statute 48-101, a person with a preexisting condition may recover workers' compensation benefits for an injury if the job aggravated the prior injury. Depending on the injury the injured worker may have to prove that the work was responsible for causing further injury to the preexisting condition.
You have legal options
To appeal a denied workers' compensation claim, it is often helpful to consult with an experienced workers' compensation attorney. An attorney understands the process and can help ensure that the proper steps are followed to successfully appeal the claim.]]>On Behalf of Atwood Law<![CDATA[How does workers’ compensation help injured truck drivers?]]>https://www.atwoodlaw.com/?p=519882026-07-27T10:14:42Z2025-03-13T13:09:07ZCommon causes of truck driver injuries
Truck drivers often experience accidents caused by bad drivers, long hours, poorly maintained equipment, hazardous weather, and heavy, congested traffic. Collisions with other vehicles are a leading cause of injuries, but incidents like falls or strains during loading or unloading, repetitive stress injuries from long drives or poorly maintained equipment, and accidents at truck stops also occur. These injuries can leave drivers with mounting medical bills and limited income if they are unable to work.
Filing a workers' compensation claim
After a work-related truck accident, obtaining immediate medical attention should be the top priority. Be sure to report to medical providers every part of your body impacted by the work accident. For accidents which do not occur while operating the truck, where the employer is often aware immediately due to tracking technology, truck drivers need to immediately report the accident to their employer as soon as possible. Be sure to report each and every injury as soon as possible. In both Nebraska and Iowa, timely reporting of injuries is crucial. Failure to properly and timely report a workers' compensation claim can prevent recovery of benefits, even if later the accident-related injuries are found to be significant.
Benefits available under workers' compensation
Workers’ compensation provides a range of benefits to injured truck drivers. These include coverage for medical expenses, rehabilitation costs, and wage replacement for lost income while recovering. If the injury results in long-term disability, additional high-value compensation may be available. Nebraska and Iowa laws vary regarding how benefits are valued, so legal guidance is valuable. Rarely will the workers’ compensation insurance company voluntarily pay maximum benefits allowable.
For this reason, truck drivers injured on the job should know their legal rights. Workers’ compensation benefits are written in State statutes—they are laws that have been passed to protect you. Insurance companies often work to minimize payouts or deny claims, even when injuries are clearly work-related. An experienced workers’ compensation attorney can help drivers navigate the claims process and fight for the benefits they deserve. Getting professional legal assistance ensures injured drivers can focus on recovery with peace of mind knowing there are experts working to ensure financial stability during recovery and thereafter.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1303048/2023/12/cropped-logoo.png[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] represent truckers who have been seriously injured in work accidents. Call [nap_phone id="LOCAL-CT-NUMBER-5"] or send us an email to request a free consultation. We handle workers' compensation claims throughout Nebraska and Iowa.[/author_info] [/author]]]>On Behalf of Atwood Law<![CDATA[Department of Labor expands grain safety program in Nebraska]]>https://www.atwoodlaw.com/?p=519672026-02-05T19:52:02Z2024-11-22T17:18:13ZThe U.S. Department of Labor has expanded its Grain Handling Safety Emphasis Program in Nebraska, Kansas, and Missouri. This program aims to reduce the number of injuries and deaths in grain handling. Grain entrapment is still a big problem, so the focus on safety is very important.
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Grain handling is dangerous work
Working with grain can be very dangerous. There are risks like getting trapped in grain, explosions, and falling. According to OSHA, workers can get trapped when they enter grain storage bins, which can lead to serious injuries or even death. In Nebraska, where farming is a big part of the economy, it is very important to prevent these accidents and keep workers safe.
Details about the expanded safety program
The Department of Labor's Grain Handling Safety Emphasis Program will include more inspections and outreach in areas that have higher risks. The program focuses on making sure everyone follows safety rules, like lockout/tagout procedures, training for emergencies, and using protective equipment properly. By expanding this program, the Department wants to make sure grain handlers in Nebraska put worker safety first.
Nebraska supports grain safety efforts
The Nebraska Corn Board and Nebraska Soybean Board have also started campaigns to promote grain safety. Their "Stand 4 Grain Safety" initiative helps educate workers and farmers about how to prevent accidents during grain handling. These efforts teach people to use harnesses, take precautions before going into grain bins, and have rescue equipment ready. Together with federal inspections, these safety measures help protect grain workers from serious risks.
Keeping Nebraska's grain workers safe
Improving safety in grain handling is key to protecting Nebraska's farm workers. Workers need to follow safety rules, and employers must make sure everyone gets the right training. The teamwork between federal authorities and local boards is very important to manage the risks of grain handling. Building a strong culture of safety will help protect workers, their families, and the entire farming industry.Everyone involved in grain handling needs to keep working on safety. By focusing on education, training, and following safety rules, the industry can reduce accidents and create a safer future for everyone.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1303048/2023/12/cropped-logoo.png[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] represent grain workers who have been seriously injured on-the-job. Call [nap_phone id="LOCAL-CT-NUMBER-5"] or send us an email to request a free consultation. We serve injured workers throughout Nebraska and Iowa.[/author_info] [/author]]]>On Behalf of Atwood Law<![CDATA[What should Nebraska construction workers do after an injury?]]>https://www.atwoodlaw.com/?p=518832026-02-05T20:21:50Z2024-10-30T15:17:22ZConstruction workers in Nebraska face daily risks. The state’s large construction industry exposes employees to hazards, making workers' compensation essential. It provides coverage for medical bills, rehabilitation, and wage replacement after an injury, ensuring workers get the support they need.
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Common injuries among construction workers
Construction work is among the most dangerous industries, with workers frequently exposed to hazards. Common injuries include falls from scaffolding or ladders, machinery-related accidents, and being struck by falling objects or equipment. These incidents often result in severe outcomes such as broken bones, traumatic brain injuries, spinal cord damage, and even amputations. In some cases, workers are also exposed to hazardous materials that can lead to long-term health issues, such as respiratory problems or chemical burns. Worker’s compensation plays a critical role in covering medical expenses, rehabilitation, and lost wages for injured workers, ensuring they receive the necessary care to recover and return to work.
How to file a worker’s compensation claim
After an injury, it is crucial to report the incident to the employer immediately. Delaying the report could hinder the claim process. Workers should seek medical attention and document everything for their worker's compensation claim. Nebraska law provides wage and medical benefits, but careful handling of the claim is necessary to avoid denial.
Returning to work
Returning to work after an injury may involve vocational rehabilitation for Nebraska construction workers. This service helps them either return to their previous duties or transition to a different role. Nebraska’s construction industry, which contributes $9.6 billion to the state’s economy, plays a significant role in employment, meaning many workers rely on the ability to get back to work quickly after injury. Coordination with employers and healthcare providers is key for a smooth return to the workplace, ensuring workers regain their positions or receive necessary retraining for new roles.Legal assistance is often necessary if there is a dispute or denial of worker’s compensation benefits. Construction workers should consult a construction accident lawyer to navigate Nebraska’s worker's compensation system and secure fair benefits when facing issues with their claim.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1303048/2023/12/cropped-logoo.png[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] represent construction workers who have been seriously injured on-the-job. Call [nap_phone id="LOCAL-CT-NUMBER-5"] or send us an email to request a free consultation. We handle workers' compensation claims throughout Nebraska and Iowa.[/author_info] [/author]
]]>On Behalf of Atwood Law<![CDATA[What are the top 3 most dangerous jobs in Nebraska?]]>https://www.atwoodlaw.com/?p=518642026-02-05T19:51:53Z2024-09-13T18:38:07ZNebraska's workforce spans many industries, but some jobs come with a higher risk of injury. Understanding which jobs are more dangerous can help workers stay aware of the hazards they may face. Below are the top three most dangerous jobs in Nebraska.
1. Agriculture workers
Agriculture is a key industry in Nebraska, but it’s also one of the most dangerous. Workers in farming and ranching deal with heavy machinery, unpredictable animals, and extreme weather conditions. Tractors and other equipment can lead to serious injuries if not handled properly. The long hours and physical demands add to the risk of accidents, making agriculture a high-risk profession.
2. Construction workers
Construction sites in Nebraska are filled with hazards that can lead to injuries. Workers often deal with dangerous equipment, work at heights, and navigate uneven terrain. Falls, struck-by incidents, and equipment malfunctions are common causes of accidents. Additionally, the physical strain of lifting heavy materials increases the risk of long-term injuries. Construction remains one of the most dangerous jobs in the state.
3. Truck drivers
Truck drivers in Nebraska face constant hazards while on the road. Long hours and fatigue can impair judgment, while poor weather conditions make driving more dangerous. Accidents involving large trucks can be catastrophic due to the size and weight of the vehicles. Truck drivers are also at risk for repetitive strain injuries from sitting for long periods and loading or unloading cargo.Workers in these dangerous jobs should be aware of the risks they face and take precautions to stay safe. If a work-related injury occurs, it’s important to file a workers' compensation claimto cover medical expenses and lost wages.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1303048/2023/12/cropped-logoo.png[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] represent clients who have been seriously injured in work accidents. Call [nap_phone id="LOCAL-CT-NUMBER-5"] or send us an email to request a free consultation. We serve injured workers throughout Nebraska and Iowa.[/author_info] [/author]]]>by Atwood Law<![CDATA[5 frequently asked questions about workers’ compensation]]>https://www.atwoodlaw.com/?p=486002026-02-05T20:07:20Z2021-06-24T15:03:39ZWhat will workers’ compensation cover?
Workers’ compensation covers any “injury by accident or disease arising out of and in the course of their employment.” This generally requires that the injury result from some aspect your job duties (arising out of), and happen while you are on the clock or at work (in the course of), subject to some legal exceptions. This covers both acute injuries that happen in a specific point in time as well as cumulative injuries which are the result of repetitive work. Some examples include:
Back strain from lifting a heavy box;
A broken bone from a fall while working;
Neck injuries after a car accident if you were driving as part of your job;
Carpel tunnel syndrome if caused by your continual repetitive work as part of your job;
Unless an injured worker is willfully negligent in causing their injury, workers’ compensation will not consider whether the employee is at fault for the accident when determining whether the employee is entitled to benefits. This means you are entitled to workers’ compensation benefits even where the injury might have been due to your own mistake or carelessness.
Can I treat with my own doctor?
Yes, in Nebraska your employer is required to provide you with a Form 50, which allows you to choose to seek treatment for your work injury from a doctor who has treated you or your immediate family member prior to the work accident, such as your primary care physician.
What should workers’ compensation pay?
Workers’ compensation has three types of benefits for work injuries: payment for medical care, wage replacement or disability benefits, and vocational rehabilitation services.
Workers’ compensation should cover all of your medical expenses and associated travel expenses incurred for treatment of your work injury. This includes medications, physical therapy, diagnostic testing, surgery, and mileage or other transportation costs for travel to your appointments. In addition, workers’ compensation covers future treatment you may need after you have recovered if that treatment is related to your original work injury.
If you miss time while you are recovering from your work injury, workers’ compensation will provide wage replacement weekly benefits at two-thirds of your pre-injury average weekly wage. These benefits are not taxable. Compensation is also payable if you are working part-time or for a reduced wage rate and therefore not earning your full wages due to your work injury. Once you have fully recovered, you will be entitled to a dollar amount based upon either the level of impairment to your body or the decrease in your ability to earn wages, depending on the type of injury and the part(s) of your body involved in the injury.
If you are unable to perform suitable work at similar earnings as compared to prior to your work injury, you are entitled to vocational services to help return you to work. This can include a job placement plan, retraining, or further education. You also received wage replacement benefits from workers’ compensation while participating in your vocational rehabilitation plan.
As another type of benefit available, a spouse and children of a worker who dies as a result of a work accident are entitled to benefits based upon the decedent’s wages, as well as funeral benefits.
What happens if my workers’ compensation claim is denied?
If your employer’s workers’ compensation insurer denies your claim, you may need to file a lawsuit in the Nebraska Workers’ Compensation Court. The compensation court is the only court in Nebraska that can resolve disputes between an injured worker and an employer who has denied the worker’s claim. Importantly, a lawsuit must be filed within two years of the date of the accident or the date the employer last paid for benefits, whichever is later.
How can an attorney help?
Attorneys familiar with workers’ compensation cases can come in at any stage in the process. If your claim is accepted, the attorney can provide assistance to ensure you receive all the benefits you are entitled to under Nebraska Workers’ Compensation Act while you focus on recovering from your work injury. During this time, workers’ compensation is often working with doctors to limit the value of your claim and it is helpful for you to have an advocate on your side to level the playing field. If your claim is denied, you need an attorney. Contact an attorney to help you determine whether to proceed with your claim. If you do have a claim, an attorney can file suit and help you proceed through the litigation process. If litigation is required, you are best served to have an experienced lawyer on your side.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1303048/2023/12/cropped-logoo.png[/author_image] [author_info]The attorneys at [nap_names id="FIRM-NAME-1"] represent workers who have been seriously injured on-the-job. Call [nap_phone id="LOCAL-CT-NUMBER-5"] or send us an email to request a free consultation. We handle workers' compensation claims throughout Nebraska and Iowa.[/author_info] [/author]]]>On Behalf of Atwood Law<![CDATA[Rising Stars]]>https://www.atwoodlaw.com/?p=467632024-05-14T16:09:05Z2019-08-19T05:00:00ZOn Behalf of Atwood Law<![CDATA[AHBDS Attorneys Elected for Judicial Nominating Committee]]>https://www.atwoodlaw.com/?p=467692024-05-13T21:08:03Z2019-02-12T06:00:00ZOn Behalf of Atwood Law<![CDATA[AHBDS Attorneys Named to 2018 Super Lawyers and Rising Stars List]]>https://www.atwoodlaw.com/?p=467722024-05-13T21:08:36Z2018-09-07T05:00:00ZEric B. Brown Receives Super Lawyer Designation
Attorney Eric B. Brown was recently selected to the Thomson Reuters 2018 Super Lawyers List in the practice area of Personal Injury (Great Plains). The Super Lawyers list recognizes attorneys who have attained a high degree of peer recognition and professional achievement. No more than 5 percent of attorneys in the state are selected for this honor.
Christa Binstock Israel Receive Rising Star Designation
Attorneys Christa Binstock Israel have been selected to the Thomson Reuters 2018 Super Lawyers Rising Stars List in the practice area of Workers' Compensation (Great Plains). The Rising Stars list similarly recognizes attorneys who have attained a high degree of peer recognition and professional achievement. To be eligible for the Rising Star list, an attorney must be 40 years old or younger or have been practicing law for 10 years or less. No more than 2.5 percent of attorneys in the state are selected for this honor. Christa was also selected to the 2016 and 2017 Super Lawyers Rising Stars Lists.
The Super Lawyers' selection process for its Super Lawyers and Rising Stars list includes a state-wide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. A more thorough description of the selection methodology for these designations can be found here.]]>