Atwood LawWorkers' Compensation & Injury Lawyers2026-07-01T03:55:29Zhttps://www.atwoodlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303048/2023/12/cropped-logoo-32x32.pngOn 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=519882026-02-05T20:05:03Z2025-03-13T13:09:07ZCommon 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.]]>On Behalf of Atwood Law<![CDATA[Teen car accidents spike during summer months]]>https://www.atwoodlaw.com/?p=467752025-08-21T14:31:49Z2018-08-07T05:00:00Z100 deadliest Days” for teen drivers. Nationwide, summer months average 10 deaths a day from accidents involving teen drivers. This is a 14 percent increase compared to the rest of the year. There are several factors that contribute to this increase in teenage driver accidents.
Factors in Teen Driver Accidents
One of the main reasons is there are more teens on the road in the summer. Without school, teens have more free time, including time spent on the road. The more time on the road, the more chances for accidents.
Another factor is teenagers are staying up later and driving later into the night. While Nebraska restricts drivers under 17 from driving (except to school or work) from 12:00 AM to 6:00 AM, teens driving after dark face limited visibility and more wildlife on the road.
In the summer months, more teens are carpooling. Friends ride together to go fishing or see a movie. The more people in a car, the more distractions. Distracted driving is an issue with all age groups, and the problem doesn’t skip teen drivers.
Speed also plays a role in these crashes. According to the AAA article, 29 percent of all fatal teen crashes were speed-related.
Summer has much better driving conditions than the winter, with Nebraska roads clear of snow and ice. This can lend a false sense of security for drivers, and encourage faster driving.
Talk To Your Teen Driver
If you have a teenager, the beginning of summer is a good time to talk about safe driving habits. Make sure they know what you expect from them when they’re behind the wheel.
Encountering distracted or dangerous drivers on the road is scary. If you’ve been in an accident with a distracted driver, a skilled personal injury attorney can make sure you are treated fairly.]]>