harrislawomaha

Why a Dashcam Is Important

Mon, 29 Jan 2024 06:28:03 GMT

YOUR ROAD TO RECOVERY MATTERS

Dashcams have recently become indispensable tools for drivers. It’s like having an impartial witness on board, ready to capture crucial moments that can validate your narrative in various situations. Whether it’s a car accident, a hit-and-run incident, or a case of reckless driving, a dashcam records everything, providing invaluable evidence that can support your case.

One of the significant benefits of using a dashcam is its ability to offer clear and unbiased evidence. Imagine being involved in a car accident where accounts may vary. Here, the footage from the dashcam becomes instrumental in determining who was at fault. This piece of evidence can be pivotal when dealing with insurance claims or legal proceedings, effectively eliminating any discrepancies or conflicting versions of the incident.

Furthermore, the utility of a dashcam extends beyond accidents. It captures other road incidents, such as hit-and-runs or reckless driving. By recording these events, you’re not just protecting yourself but also contributing to safer roads. These recordings can assist law enforcement in identifying the culprits and ensuring they are held accountable for their actions.

Pros and Cons of Using a Dashcam

Just like any other tool, the use of a dashcam comes with its own set of advantages and disadvantages. Before making the decision to install one, it’s essential to weigh the pros and cons.

On the plus side, a dashcam provides irrefutable evidence in the event of an accident. This can protect you from false claims and ensure a fair resolution. Some insurance companies even offer discounts to drivers with a dashcam installed, recognizing its role in reducing fraudulent claims. Dashcams can also deter potential fraudsters who stage accidents to extort money from unsuspecting drivers. And if you have young drivers or employees using your vehicle, a dashcam can keep an eye on their driving habits, promoting safety.

However, it’s important to also consider the potential downsides. Dashcams record everything, which may raise privacy concerns for passengers or individuals captured in the footage. There are also legal restrictions to bear in mind. Some states have laws regarding dashcam usage, such as restrictions on recording audio or video in certain situations. Lastly, installing a dashcam may require professional assistance, and it needs regular maintenance to ensure its proper functioning.

Dashcam Laws in Nebraska

In Nebraska, there are currently no specific laws in place that explicitly prohibit or regulate the use of dashcams. However, it is of utmost importance to exercise responsible usage of dashcams and respect the privacy of others. This includes refraining from recording audio without consent, particularly during private conversations.

While dashcams are generally considered legal in Nebraska, it is crucial to stay informed and updated on any changes in legislation or local regulations that may impact their use. This is where our team at  Harris & Associates, P.C, L.L.O  , led by James E. Harris, can provide invaluable guidance and assistance. With our experience in the field, we can ensure that you remain in full compliance with all relevant laws, giving you peace of mind while utilizing dashcams for your personal or professional needs.

Seek Trusted Legal Counsel

For over 50 years, we’ve been successfully representing clients throughout Nebraska. We understand the importance of dashcam evidence in personal injury cases and can help you understand the legal complexities involved. Whether you need assistance with a car accident claim, a workplace injury, or any other personal injury matter, we are dedicated to protecting your rights and fighting for the justice you deserve. With our professional, assertive, and empathetic approach, we stand beside you every step of the way, ensuring you get the representation you need and deserve.

When Should You Hire a Workers’ Compensation Attorney?

Thu, 28 Sep 2023 06:22:23 GMT

YOUR ROAD TO RECOVERY MATTERS

According to the Bureau of Labor Statistics, there were 19,600 reports of workplace injuries in Nebraska in 2021 for private industry employers, with those in the trade, transportation, utilities, or manufacturing industries garnering the highest percentage of injuries.

If you or someone you love has found yourself in a situation like this and are in need of compensation, you may be asking, “Do I need a workers’ comp attorney?” While not every workers’ compensation claim requires a lawyer, you may be surprised at what an experienced attorney is able to do for you in certain cases.

If you’d like to discuss your options for maximizing your workers’ comp benefits, give us a call at  Harris & Associates, P.C, L.L.O  From our home offices in Omaha, Nebraska, we’re able to serve clients throughout the surrounding counties including Douglas, Sarpy, Dodge, and Lancaster.

Why You Need a Workers’ Comp Lawyer

When you become injured or ill while on the job, you may need to file a workers’ comp claim to get reimbursed for medical expenses and lost wages. For many minor injuries, this can be a straightforward process and one that your employer or human resources department can help you out with. However, there are some considerations you should take into account which would make working with a workers’ compensation attorney helpful:

Help with filing : The process of filing paperwork for a claim like this can be overwhelming, especially if the injuries are serious. An attorney can help with all this in addition to helping you evaluate your options and gather ample evidence.
Legal representation in court : Though rare, if trial becomes necessary, you’ll need an attorney to represent your interests in court.
More compensation : Working with a professional has been shown to increase your chances of securing the best outcome, which means more money for you and your family to help you through this hard time.

When to Hire an Attorney

If you’re asking, “Should I hire a workers’ comp attorney?”, the answer is frequently yes, though there are times when it will become essential to work with a professional:

You plan to apply for Social Security disability benefits . Many people who are seriously injured on the job will also want to apply for Social Security disability benefits, but what they may not know is that their worker’s comp claim can reduce this benefit if it’s not filed correctly.
Your injuries are serious and have impacted your ability to perform your job. This may mean you aren’t ever able to go back to your original position or that you’ll need new training.
Your employer denies your claim or fails to pay your benefits. Your employer may deny your claim to avoid having to pay, thinking you won’t appeal, but it’s almost always in your best interest to do so.
Your employer’s settlement offer doesn’t cover what you need it to. When claims are settled too quickly, it can often mean that future medical needs are not included, and an attorney can help account for this.

Common Workplace Injuries

Workplace injuries and illnesses can be either acute (meaning they happen from a single accident) or chronic (meaning they happen slowly over time). Examples of acute injuries include:

Sprains or strains from overexertion
Broken bones
Concussions or head injuries from slip-and-fall accidents
Auto crashes that result in whiplash, neck injuries, and back injuries
Cuts and lacerations
Burns

Chronic injuries can include:

Carpal tunnel syndrome
Injuries that stem from toxic exposure
Repetitive use injuries
Hearing loss

Choose an Attorney Who Cares

If you’re in the Omaha, Nebraska, area and you’d like to speak with an attorney about a worker’s comp claim, reach out to our team at  Harris & Associates, P.C, L.L.O  , for trusted legal assistance. We have the resources, experience, and knowledge to help you seek the compensation that you deserve.

Workers’ Compensation Medical Assessment: What to Expect

Thu, 10 Aug 2023 06:16:33 GMT

YOUR ROAD TO RECOVERY MATTERS

According to the U.S. Bureau of Labor Statistics, private industry workers reported approximately 2.6 million nonfatal work-related illnesses and injuries in 2021. In Nebraska, employees who suffer work-related injuries and occupational diseases may be eligible to pursue benefits by filing workers’ compensation claims. Upon filing a claim, the workers’ comp insurer may request an independent medical examination (IME) to verify the employee’s injuries or disability. However, it is important to know what to expect during an IME in order not to hurt your case inadvertently.

For over 50 years, we have been giving personalized guidance and compassionate representation to employees in their workers’ compensation claims. Our seasoned Nebraska worker’s compensation attorneys  can explain what to expect during an independent medical assessment and work intelligently to recover your workers’ compensation benefits. We’re proud to serve clients across Omaha, Dodge, Sarpy, Douglas, and Lancaster County, Nebraska.

What Is an Independent Medical Exam?

An independent medical examination (IME) is an assessment of an injured or ill employee performed by another doctor – who hasn’t treated the patient previously. The aim of the IME is to get an unbiased opinion of the employee’s injury, medical condition, or disability and answer questions about their workers’ compensation claims. Additionally, the IME doctor will:

Evaluate your medical history and your present medical condition.
Examine the magnitude of your injury, disability, or medical condition.
Decide the appropriate treatment or medical procedures that you need.
Determine your loss of earning capacity or ability to continue working.
Provide a comprehensive medical report and make recommendations to the insurance provider or the court.

The person who chooses the IME will depend on the surrounding circumstance of the case and the jurisdiction.

Do I Get to Choose the Doctor I See?

According to Nebraska’s Workers’ Compensation Act, the IME doctor can be appointed in two ways:

Through an agreement by the parties – employee and worker’s compensation insurer.
By the court – to get a report and recommendation about a medical dispute in the worker’s comp claim.

There are specific rules and procedures regarding how independent medical exams are conducted in Nebraska. An experienced worker’s compensation attorney can tell you about what to expect during the IME and help protect your rights.

What Should I Expect During the Assessment?

Here are some of the things to expect during an independent medical examination:

The IME doctor will review your medical report and history.
The IME doctor will interview you to learn more about the workplace incident, injury, and your medical condition.
The IME doctor will ask you various questions about your condition, whether you need further treatment, if you have a permanent disability, and when you’ll likely be able to return to work.
The IME doctor will review other medical records and documentation provided in support of your claims.
During the IME, the doctor will examine your general appearance, any signs of deception, objective and subjective manifestations of injury, and other contributing factors.

At the end of the medical assessment, the IME doctor will prepare a report and make recommendations to the workers’ compensation insurer or court.

What If I Disagree With the Doctor’s Report?

However, if you believe that the report provided by the IME doctor is unfair, you need to notify your attorney immediately. Essentially, you need to focus more on the treatment recommendations of your personal doctor and work on achieving full recovery after your injury. On the other hand, your attorney can dispute the IME doctor’s report and recommendations, provide additional evidence and documentation to support your injuries, and help seek your rightful compensation.

Tips For Your Visit

Here are some insightful tips to help with your visit to the IME doctor:

Arrive for the medical assessment as early as possible.

Give brief and consistent answers to any question the IME doctor asks you.

Provide an accurate description of your medical condition, pains, and limitations to the IME physician.

Gather and document copies of any form or document you fill during the medical exam.

Remain consistent in all your actions. For instance, do not run from your motor vehicle and then limp during the assessment.

Do not exaggerate your injuries or act in a different way before and during the medical assessment.

A practiced lawyer can prepare you extensively for the medical assessment, walk you through the whole procedure, and help negotiate a fair settlement with your workers’ compensation insurer.

Understand Your Rights and Options

Generally, a medical assessment can determine the extent of your injuries and answer questions about your health condition for workers’ compensation purposes. Due to the huge significance of the IME on the outcome of your workers’ comp case, working with an experienced workers’ compensation attorney is beneficial for clear legal guidance and to protect your rights.

At  Harris & Associates, P.C, L.L.O  , we have the diligence and expertise to help injured employees in their workers’ compensation claims. Our trusted attorneys can help file your workers’ compensation claims, prepare you diligently for the IME exam, and improve your prospects of getting the most favorable outcome. In addition, we will advocate for your best interests, attempt to recover the maximum available benefits or help file an appeal if your claims are denied.

Contact us at Harris & Associates, P.C, L.L.O , today to arrange a case assessment with dedicated workers’ compensation lawyers. Leave the worrying to our dependable team. We proudly serve clients across Omaha, Dodge, Sarpy, Douglas, and Lancaster County, Nebraska.

Injuries That Qualify for Workers’ Compensation

Fri, 23 Jun 2023 06:11:31 GMT

YOUR ROAD TO RECOVERY MATTERS

In 2021, there were 19,600 workplace injuries reported in the state of Nebraska, according to the U.S. Bureau of Labor Statistics. When a workplace accident happens to you, these injuries have the potential to put you out of work for months or even result in a partial or permanent disability. Thankfully, you will likely be able to file for workers’ compensation. However, not many people know what this process looks like or what injuries qualify for workers’ compensation benefits.

For help with this, call us at  Harris & Associates, P.C, L.L.O  We can serve those in and around the Omaha, Nebraska, area, including the surrounding counties of Douglas, Sarpy, Dodge, and Lancaster.

Brief Overview of Workers’ Compensation in Nebraska

The vast majority of Nebraska employers are required to carry workers’ comp, and this is true even if they only have one employee. This insurance ensures that if you sustain a work injury while performing your regular job duties—even in most cases where the accident was your fault—you’ll qualify for filing a workers’ compensation claim. This insurance is mandated by the state, and employers must pay the costs themselves and not pass the expense along to their employees. The only jobs that are exempt from this are certain agricultural jobs, domestic workers, sole proprietors, and federal employees.

Injuries That Qualify for Workers’ Compensation Benefits

Almost all injuries that occur while at work can qualify for workers’ comp benefits. If you were on the job performing your regular work duties and an accident or illness occurred because of them, you should be covered. This can include injuries from accidents at work such as a traumatic event like a fall or explosion, but can also include cumulative trauma or exposure illnesses that take a long time to develop. Among others, workers’ comp can cover:

contusions
fractures
burns
sprains or strains
eye injuries
lacerations
repetitive injuries like carpal tunnel
exposure injuries or other occupational diseases

Injuries Not Covered

There are some instances where an injury will not be covered. This includes times when you weren’t technically at work, such as commuting to and from your job. You will also not be covered for injuries that occur if you were intoxicated while at work.

Available Benefits

Whenever you’re injured at work, you need to know what benefits are available for workers’ compensation. Workers’ comp will typically cover medical expenses, lost wages, rehabilitation, and funeral and burial services.

Process to File a Workers’ Compensation Claim

If you’re injured while at work, your first step is to get the immediate medical care you need and then notify your employer. Your employer will then help you begin filing your claim. While you aren’t required by law to hire a workers’ compensation attorney , many injured employees find it extremely helpful to do so to ensure they get the care and compensation they deserve.

These claims can take a long time to process, and you’ll have to provide a lot of evidence and documentation to prove the injury was work-related and to show the damages you’ve incurred because of it. Importantly, you’ll need to know the full extent of your injuries, including any ongoing medical care you’ll need. If you don’t have a clear idea of this, then you can be left with unpaid expenses down the road. An experienced lawyer can help make sure your final settlement covers all of this.

Turn to Strong Legal Representation

If you’re in the Omaha, Nebraska, area and have recently been injured at work, you need to explore your options for filing a workers’ comp claim. Reach out to us at Harris & Associates, P.C, L.L.O to learn more.

Suing for Damages for a Construction Site Injury

Tue, 06 Jun 2023 06:07:51 GMT

YOUR ROAD TO RECOVERY MATTERS

According to the U.S. Bureau of Labor Statistics (BLS), falling down in the construction industry is a leading cause of workplace injury and fatality. In 2022, in the construction and extraction (oilfield) industries, there were a reported 24,100 nonfatal injuries from falls. There were also 345 deaths, of which 96 were of construction workers. In addition, there were another 212 construction worker fatalities, reaching the highest total in five years.

Construction work is full of risk. Not only are there falls, but the possibility of burns and electrocution remains high. Also, collisions with moving construction vehicles—such as graders, forklifts, backhoes, and trucks—are common, as are workers’ being struck by objects or being stuck in between objects.

For most workers in the United States, an injury suffered at work is covered by workers’ compensation, which is a no-fault insurance system, meaning the injured worker is not generally able to sue their employer. Workers’ compensation will pay for medical expenses, lost wages, and partial and total disability.

On a construction site, however, there are usually several groups of workers employed by different subcontractors. There may be non-construction workers on site, including engineers, architects, vendors, delivery persons, and sometimes even civilians. In this complex type of workplace, workers’ compensation rules get more convoluted.

If you have been injured as a worker at a construction site in or around Omaha, Nebraska—or worse, you’ve lost a loved one due to a construction incident—contact us at  Harris & Associates, P.C, L.L.O  for reliable legal help. We will listen to your story, investigate the circumstances, and help you fight for the just compensation you deserve, even if it involves a lawsuit. We also proudly serve clients in the counties surrounding Omaha, including Douglas, Sarpy, Dodge, and Lancaster, Nebraska.

Can You Sue for Damages for a Construction Site Injury?

As noted earlier, most injuries on the job are covered by workers’ compensation insurance, which is a no-fault system, meaning employees cannot sue their employer, and the employer cannot sue employees. In exchange for giving up the right to sue, both parties are covered by almost-guaranteed insurance regulated by the state. One of the chief goals of the system is to prevent costly lawsuits.

The system, however, pays only for economic damages such as medical and related expenses, lost wages (which are capped), and permanent or partial disability. Non-economic damages, such as for pain and suffering, are excluded but available in a personal injury lawsuit. To sue for damages depends on the nature of what happened to you and how.

When and Whom Can You Sue?

There are a few circumstances when your employer can be sued, which are:

when your employer intentionally caused your injury.
when your employer fraudulently concealed your injury or its connection to the workplace
when your employer hurt you in a capacity other than as an employer
when the employer lacked workers’ compensation coverage

However, given the complex human landscape of a construction site, your injury may have been caused by a third party, perhaps someone working for a different subcontractor. Say a worker from another employer ran into you with a gurney, knocked you over, and broke some of your bones. You could levy a lawsuit against that person and perhaps even an employer.

Equipment malfunctions that cause injuries might also present opportunities for personal injury lawsuits. If you can show there was a defect in the design, manufacture, or marketing of the piece of equipment you were operating and it caused your injury, you can sue.

A design defect means you can sue the designer, a manufacturing defect means the manufacturer created a faulty product, and a marketing defect means someone failed to provide safe operating instructions.

What If I Were Partially at Fault?

Nebraska recognizes what is called the modified comparative negligence (or fault) rule. This means that, in a personal injury lawsuit, the jury can establish a percentage of fault for both parties involved.

Say you were injured by a defective product, but you were operating it in substandard protective gear. The jury could find you 30 percent at fault, which would mean your award for damages would be reduced by 30 percent.

Modified comparative negligence is also known as the 51 percent rule, which means that if your fault is higher than 50 percent, you cannot receive anything. The jury in the machine operator example might conclude that the worker using the equipment, but wearing substance protective equipment was 60 percent at fault. Result: no award available.

Can a Family Member Sue for a Wrongful Death?

Workers’ compensation pays for any fatalities that result from workplace conditions or incidents. So, to file a wrongful death lawsuit for a loved one, it would have to be for one of the reasons cited above for filing a personal injury lawsuit.

Nebraska law does not allow family members to file wrongful death lawsuits. The person’s personal representative named in the deceased’s will is required to file the lawsuit. If there is no will or personal representative, the court will appoint one, usually a family member. All damages will accrue to the family members.

Our Attorney Can Help You Seek the Compensation You Deserve

As you can see, construction site injuries and fatalities can present challenging complexities involving who caused the injury or fatality and whether a lawsuit be filed. If you have been injured on a construction site or lost a loved one who worked on a construction site in or around Omaha, Nebraska, contact Harris & Associates, P.C, L.L.O to speak with a dependable attorney. We’re here to protect your rights and pursue every avenue to obtain the just compensation owed you.

Non-Citizens Can Seek Compensation for Construction Injuries

Fri, 28 Apr 2023 06:04:36 GMT

YOUR ROAD TO RECOVERY MATTERS

Under Nebraska law, construction workers who are hurt at the worksite are eligible to pursue compensation for their injuries. However, different issues often arise when the injured party is a non-citizen. Generally, both undocumented immigrants and green card holders are allowed to file for workers’ compensation benefits or personal injury claims in Nebraska. Unfortunately, some greedy insurance providers may cite various reasons to deny, delay, or undervalue your claims.

For more than 50 years, our firm has been offering compassionate representation and dedicated legal guidance to clients in their construction site injury cases. Our highly-skilled Nebraska personal injury attorneys can evaluate every aspect of your case thoroughly, explore your possible legal options to recover damages, and help you pursue your rightful financial compensation. We’re proud to serve clients throughout Omaha, Nebraska, and the surrounding counties.

Filing a Personal Injury Claim in Nebraska

In Nebraska, injured employees may be able to seek damages by filing workers’ compensation claims, personal injury claims, or wrongful death claims if the person died from the construction site mishap.

Workers’ Compensation Benefits

Workers’ compensation is a mandatory “no-fault” insurance policy that gives employees various benefits to help them recover after a workplace injury or illness. In Nebraska, the following workers’ compensation benefits may be recovered:

medical benefits
wage loss benefits
total disability benefits
partial disability benefits
vocational rehabilitation benefits
death benefits

A trusted Nebraska worker’s compensation attorney can help file your claims and attempt to pursue your deserved workers’ comp benefits.

Personal Injury Claim

Another option for seeking damages when involved in a construction site incident is by filing a personal injury claim. To recover damages after a negligent construction site injury, the victim can proceed by:

filing a claim with their own insurance carrier
filing a third-party claim against the insurance provider of the at-fault party
filing a personal injury lawsuit in civil court against the at-fault party

Wrongful Death Claim

According to the U.S. Bureau of Labor Statistics, there were 39 total fatal work injuries in Nebraska in 2021. If the victim died in the construction site incident or as a result of their construction site injury, their surviving loved ones may be able to recover damages by filing a wrongful death action. In Nebraska, the personal representative or executor of the decedent’s estate must file the wrongful death claim.

OSHA and Immigration Status

According to the Occupational Safety and Health Administration (OSHA), immigration status is completely irrelevant to the rights of the employee to a safe workplace and the obligation of the employer to provide a safe working environment.

Hence, regardless of immigration status, all employees are covered by the workers’ compensation system. Whether you are a U.S. citizen, a non-U.S. citizen, or an undocumented immigrant, you may be entitled to pursue compensation if you suffered a work-related injury or illness.

Nebraska Workers’ Compensation and Immigration Status

Nebraska workers’ compensation laws are designed to protect an employee’s right to seek compensation after an on-the-job injury or illness. However, there are some popular collective notions about whether the employee’s immigration status will affect their ability to pursue damages.

In a January 2013 verdict, Moyera v. Quality Pork International, 825 N.W.2d 409 (Neb. 2013), the Nebraska Supreme Court ruled that an undocumented immigrant was protected by the state’s Workers’ Compensation Act.

Hence, an undocumented worker injured on a construction site may be entitled to seek compensation from their employer or insurance provider. A trusted workers’ compensation lawyer can help file your claims and recover your rightful benefits.

Immigration Status and Personal Injury Lawsuit

Under federal and state laws, both improperly or properly documented immigrants have the same right to file a personal injury claim or seek damages when injured by a negligent party. Essentially, the immigration status of the claimant will not be admissible as evidence in a personal injury case.

Therefore, whether you are a citizen or non-U.S. citizen, you’re within your rights to file a personal injury lawsuit against the party responsible for your construction site injury. An experienced Nebraska personal injury attorney can help file your lawsuit, seek to establish liability, and help you pursue the financial justice you deserve.

Fight for Your Rights, No Matter Who You Are

Being involved in a construction site incident can be a difficult and overwhelming experience. Such an unfortunate incident can affect you physically, mentally, and financially. Thankfully, Nebraska laws allow you to seek compensation for your injuries by filing a claim or lawsuit, regardless of whether you’re a citizen, a non-U.S. citizen, or an undocumented immigrant.

At  Harris & Associates, P.C, L.L.O  , our attorneys have the diligence and experience to support and represent clients in their construction site injury claims. As your legal counsel, we can evaluate all of the facts of your personal situation and determine whether you should file a workers’ compensation claim or personal injury claim. Above all, our reliable team will fight vigorously for your best interests and help you pursue fair financial compensation for your injuries, damages, or losses.

If you were hurt in a construction site mishap, you may recover damages. Contact us at  Harris & Associates, P.C, L.L.O  today to schedule a simple case assessment with a skilled workplace injuries attorney. Our devoted lawyers can guide you through the complex procedures involved in filing claims and recovering damages. We proudly serve clients throughout Omaha, Dodge County, Sarpy County, Douglas County, and Lancaster County, Nebraska.

When a Scaffolding Injury Occurs

Mon, 03 Apr 2023 06:00:37 GMT

YOUR ROAD TO RECOVERY MATTERS

Scaffoldings are often used for many construction projects that require reaching elevated heights. Workers can use the scaffolds to reach high levels to build, repair, clean, or paint structures. Unfortunately, there are various risks linked with scaffolding that may result in serious construction site accidents.

Additionally, statistics from the Bureau of Labor Statistics indicate that scaffolding accidents cause about 4,500 injuries and over 60 deaths in the United States annually. If you’re a construction worker who got injured at the worksite on scaffolding, you may be entitled to seek damages by filing a claim.

At  Harris & Associates, P.C, L.L.O  , we have the diligence and knowledge to support and represent clients in their scaffolding accident cases. Our highly-skilled Nebraska personal injury attorneys can fight compassionately for your legal rights and help you pursue your rightful financial compensation. We’re proud to represent clients across Omaha, Nebraska, and surrounding counties, including Sarpy, Douglas, Lancaster, and Dodge County.

Scaffolding on the Worksite

A scaffold can be described as an elevated work platform which is usually erected on a worksite to elevate workers, materials, and equipment when building, repairing, cleaning, or painting structures. Scaffolding accidents are among the most common construction site accidents and work-related accidents.

Types of Accidents that Occur on Scaffolding

Here are the various types of accidents that occur on scaffolds:

Scaffolding collapse
Falls from the scaffolding
Slips and trips from the scaffolding
Being hit or struck by objects falling from the scaffolding.

Common Causes of Scaffold Accidents

Here are some common causes of scaffold accidents:

Scaffolding constructed with defective parts
Collisions with scaffolding support beams
Lack of fall protection
Poorly constructed scaffolding
Missing support pieces
Overloaded scaffolding platforms
Poor or inadequate maintenance.

Types of Workers at Risk

Unfortunately, workers who use scaffolds to do their job are often exposed to scaffolding accidents. These include:

Painters
Carpenters
Bricklayers
Steeplejacks
Welders
Window washers
Electricians
Maintenance workers

Common Scaffolding Injuries

Here are some common construction site injuries that victims of scaffolding accidents often sustain:

Fractures (broken bones) or dislocation
Head and neck injuries
Traumatic brain injury (TBI)
Spinal cord injuries (paralysis)
Significant disfigurement
Amputations
Loss of or damage to a bodily organ
Deep cuts or severe lacerations
Serious injuries to internal organs
Death

If you or a loved one were involved in a scaffolding accident, you need to reach out to a seasoned personal injury attorney immediately. Your legal counsel can evaluate every detail of your unique situation and enlighten you about some Nebraska laws that may apply to your case.

Nebraska’s Scaffolding Law

According to Nebraska’s Scaffolding Law, any person employing or supervising labor of any kind to erect, repair, or paint a water pipe, pole, tank, chimney, tower, or dome where the use of any temporary platform, support, scaffolding, or other similar contrivance is required or used must maintain a safe and proper scaffold, support, or other suitable devices. This means that the contractor, agent, or property owner must always provide safe scaffolding for site workers.

In addition, scaffolding or staging that is swung or suspended from an overhead support and more than 20 feet from the ground floor must have a safety rail properly bolted, braced, and secured, rising at least 34 inches above the floor. The primary aim of the statute is to ensure that the scaffolding is safe enough for the employee to use while working.

Federal Scaffolding Law

Here are some key provisions of OSHA’s scaffolding standard:

Each employee over 10 feet above a lower level shall be protected from falls by guardrails or a fall arrest system.
Mid-rails must be installed about halfway between the top rail and the platform surface.
Support scaffold footings shall be level and able to support the loaded scaffold.
Scaffolds and scaffold components must be able to support at least four times the maximum intended load.
The employer must train employees that work on scaffolds about the risks and the procedures for controlling accidents and hazards.
A competent person must inspect the scaffold and scaffold components for visible defects before each work shift or anything that might compromise the structural integrity.

Filing a Claim

In order to pursue fair compensation for injuries and damages suffered in a scaffolding accident, the plaintiff can:

File a workers’ compensation claim to seek workers’ comp benefits for injuries, lost wages, and other out-of-pocket expenses.
File a personal injury claim or lawsuit against a third party for their negligent or careless actions that caused the scaffolding accident.
File a wrongful death claims when the scaffolding accident causes the victim’s death.

An experienced attorney can enlighten you about your available legal options to pursue damages and determine the best cause of action.

Skilled Advocacy Every Step of the Way

Getting hurt in a scaffolding accident or losing a loved one can be a difficult and overwhelming experience. Such an unfortunate incident can affect your physical, emotional, and financial health. However, you don’t have to face the challenges alone. At Harris & Associates, P.C, L.L.O , we are dedicated to protecting the legal rights of scaffolding accident victims and their loved ones.

As your legal counsel, we can evaluate all of the facts of your unique circumstances and determine the best way to proceed with your injury claims. Whether you are filing a workers’ compensation, personal injury, or wrongful death claim, our trusted legal team will fight vigorously for your best interests and help you seek your rightful financial compensation.

Contact us at  Harris & Associates, P.C, L.L.O  today to schedule a simple case assessment with experienced workplace injuries attorneys. Our reliable team can offer you the compassionate representation and dedicated legal counsel you need while filing your scaffolding accident claims. We’re proud to represent clients across Omaha, Nebraska, and surrounding counties, including Sarpy, Douglas, Lancaster, and Dodge County.

Does Assumption of Risk Make Me Liable for My Injuries?

Fri, 17 Mar 2023 05:52:07 GMT

YOUR ROAD TO RECOVERY MATTERS

As an injured individual, you may be wondering whether assumption of risk can make you liable for your injuries. Assumption of risk is a legal doctrine used in a variety of cases to determine liability.

If you suffered injuries but the other party says you cannot recover damages based on the assumption of risk doctrine, you might want to speak with an attorney. Our personal injury attorney at  Harris & Associates, P.C, L.L.O  can review your situation and explain your legal options when your case involves claims of “assumption of risk.”

With an office in Omaha, Nebraska, our knowledgeable and reputable attorney serves surrounding areas, including Dodge, Lancaster, Douglas, and Sarpy counties.

What Is Assumption of Risk?

Assumption of risk is a legal doctrine that states that an injured party should be held liable for their injuries if they knowingly accepted or assumed the risks associated with an activity or event.

This means that if an individual voluntarily chooses to engage in a risky activity, such as skydiving or skiing, they should not be able to sue if they sustain an injury during the course of the activity. For example, if someone goes skydiving and sustains an injury due to their own negligence (for example, failing to properly secure their harness), they may not be able to sue due to the assumption of risk because they chose to participate in the risky activity while being aware of the risks associated with it.

Express vs. Implied Assumption of Risk

There are two types of assumptions of risk:

Express assumption of risk occurs when an individual voluntarily signs a waiver acknowledging that they understand and accept all risks associated with a particular activity or event.
Implied assumption of risk occurs when an individual participates in an activity without signing any paperwork but still understands the dangers associated with it (i.e., skydiving).

In both cases, the injured party cannot sue for damages due to their own negligence because they assumed all risks related to the activity or event by participating in it willingly.

What Are Exceptions to the Assumption of Risk Rule?

There are certain exceptions to the assumption of risk rule. For example, if someone is injured due to another person’s negligence or because there was inadequate supervision at the time, then they may still be able to sue for damages even though they voluntarily participated in a risky activity or event.

Additionally, if someone is under 18 years old and participates in an inherently dangerous activity such as skydiving without parental consent, then they may also be able to sue for damages despite assuming all risks related to the activity by participating in it willingly. However, each case is unique and should be reviewed individually.

Comparative Negligence

In Nebraska, when someone is injured due to the negligence of another party, they are able to recover damages from that party. However, if the injured person was also negligent in some way, their damages may be reduced by what is known as “comparative negligence.” This means that if the court finds that both parties were partially responsible for the injury based on the doctrine of assumption of risk, then the amount of damages recovered will be reduced proportionately based on each party’s degree of fault.

Does the Assumption of Risk Make You Liable for Injuries?

The concept of assumption of risk deals with situations where an individual willingly accepts some risks associated with a specific activity or circumstance. For instance, if you go swimming but there is signage not to go swimming during a storm, you are assumed to have accepted any risks associated with swimming during a storm.

According to a report by the Nebraska Department of Health & Human Services, drowning in natural waters accounted for almost a third of all deaths due to unintentional drowning in Nebraska between 2009 and 2013. Many of those deaths occurred when people were engaged in recreational activities.

However, not all cases where the other party raises the doctrine of assumption of risk to escape liability are valid. Just because the other party or their attorney says you assumed the risk and thus should be held liable for your injuries does not necessarily mean it is true, which is why a consultation with an attorney may be necessary.

Understand and Protect Your Rights

Assumption of risk can be a complicated concept to understand but knowing what it is can help you protect yourself from being held liable for your own injuries under certain circumstances. If you’ve been injured due to someone else’s negligence and are unsure about whether the assumption of risk applies to your situation, speak with our attorney at Harris & Associates, P.C, L.L.O

Documenting Details of Your Injuries and Pain

Fri, 03 Feb 2023 05:48:38 GMT

YOUR ROAD TO RECOVERY MATTERS

There’s no way to always protect ourselves or the ones we love from getting hurt. Unfortunately, injuries like those sustained from a traffic collision can have lasting effects not only physically but also financially. According to data from the state’s Department of Transportation, there were over 14,000 people injured in 2020 on Nebraska’s roadways. It’s essential to understand why documenting your injuries after a wreck is so important to getting the compensation you deserve from an insurance claim or personal injury lawsuit.

For help with this and to speak with a personal injury attorney, reach out to us at Harris & Associates, P.C., L.L.O., serving those in Omaha, Nebraska, and the surrounding counties, including Douglas, Sarpy, Dodge, and Lancaster.

Why It’s Important to Document Injuries and Pain

Many people underestimate the amount of evidence they’ll need to include as part of the claims process, and documentation starts from day one. After you’ve been in a vehicle collision, the most important thing to do is ensure your medical needs are addressed. In most cases, this means visiting a doctor, even if you believe your injuries are minor. It’s very common for car crash injuries to show up days or even weeks after the incident, and only a trained medical professional can properly assess you. This starts a clear paper trail and indicates you’re taking your injuries seriously.

After this, you must comply with all your doctor’s recommendations including follow-up care, medications, or physical therapy. During this time, consider keeping a journal outlining how your injuries and pain are affecting your life. Your personal injury attorney can then use this information and doctor’s reports to negotiate on your behalf and predict future costs related to your injuries. This last component is crucial since you may be agreeing to a settlement before you’re fully done healing.

Information You Should Include

Following your auto collision, you’ll be responsible for collecting data. So, what should you include in injury/pain documentation? In your journal, log all your medical expenses, including medical bills, transportation costs to get to and from appointments, and any medical supplies.

Also, write down the ways your injury affects your everyday life, such as activities you’re no longer able to do, work you can no longer perform, your level of pain and how you cope with it, missed events, and your emotional state of mind. Include dates and times whenever possible and be as exact as you can with your wording.

Including Mental Trauma in Your Documentation

Equally as important as including information about physical injuries is documenting mental trauma after a collision. This can be harder to put into words and may seem unimportant compared with other bodily injuries, but you deserve compensation for this as well.

Write down details about the level of stress and anxiety you feel on any given day and how this is related to your injury. For example, if you’re responsible for caring for young children and your injury has left you temporarily incapacitated, everyday activities like getting kids to school, preparing lunch and dinner, or even bathing them can bring an incredible amount of stress and anxiety.

Or, if your injury has caused you to miss a lot of work, you may be concerned about household bills that are piling up or are worried you may not be offered the same position at work when you finally do recover. Include in your journal any feelings and emotions that are atypical for you and are likely linked to your injury. This could include confusion, difficulty concentrating, depression, mood swings, or thoughts of suicide.

Speak With an Experienced Attorney

If you’re in the Omaha, Nebraska, area and have recently sustained injuries due to another driver violating the safety rules of the road, call us at Harris & Associates, P.C., L.L.O. Here, you can speak with a qualified attorney who can answer all your questions and help you better understand your options during this difficult time.

Delayed Pain After an Injury

Mon, 09 Jan 2023 05:45:19 GMT

YOUR ROAD TO RECOVERY MATTERS

Being involved in an automobile wreck can be a traumatic experience, both mentally and physically. Unfortunately, there are some injuries that may not present themselves immediately after the crash but can still cause pain and long-term damage. It is important to be aware of delayed symptoms so you can act accordingly if they arise.

If you experience delayed pain after an injury and are concerned about your options for compensation, contact  Harris & Associates, P.C, L.L.O  for help. Our skilled personal injury attorney represents injured victims in Omaha, Nebraska, and surrounding areas, including Dodge, Douglas, Lancaster, and Sarpy counties.

Injuries That May Result in Delayed Pain

Injuries are a common occurrence in traffic collisions across Nebraska. According to an annual traffic crash report by the Nebraska Department of Transportation, 33.5% of all crashes in the state in 2020 resulted in injuries.

Injuries such as whiplash and soft tissue damage can take days, weeks, or even months to show any signs of discomfort. If not diagnosed promptly, head and brain injuries may not be immediately apparent after a collision. The same can be said about spine injuries, such as herniated discs.

Furthermore, if your adrenaline is high due to the shock of the collision itself, pain may not be felt until after the adrenaline wears off. This is why it is essential that you receive medical attention as soon as possible following the crash, even if you feel fine at the time.

Delayed Symptoms to Watch For

If you were involved in a car wreck, pay attention to any changes in your physical or mental state, including but not limited to:

Neck pain
Headaches
Dizziness
Fatigue
Blurred vision
Infection in cuts and wounds
Numbness/tingling in extremities
Sleep problems
Memory problems
Abdominal pain
Muscle stiffness
Changes in behavior or personality

It is not an exhaustive list of delayed symptoms to watch out for. If you notice any discomfort or pain following the collision, do not delay seeking medical attention and consulting with an attorney. Stay vigilant for any unusual changes in your physical state and never settle a personal injury claim until you have reached full recovery from your injuries.

Time Limit for Filing a Personal Injury Claim

If you were injured, you need to be aware of the time limits for filing a personal injury claim in Nebraska. This is known as the “statute of limitations.” Under Nebraska law, there is a four-year statute of limitations for personal injury claims. If you fail to bring a claim within the specified window, you will be barred from recovering damages.

Anyone who has been involved in an auto collision should receive appropriate and prompt medical attention regardless of whether they feel immediate pain or not. As explained above, many injuries do not appear until days or weeks after the incident.

Don’t Settle With the Insurance Company Too Quickly

Settling a personal injury claim too soon could mean leaving money on the table that would have been entitled to you had you waited until you fully recovered from your injuries. This is especially true if you develop delayed pain after an injury.

Instead of settling your personal injury claim within hours or days after the collision, go to a hospital to get a full medical evaluation. Give yourself a reasonable amount of time to determine whether or not you have recovered after the crash before accepting the insurer’s settlement.

If the insurance company puts pressure on you and says you must accept the settlement offer, contact an attorney as soon as possible. Your attorney will protect you from dishonest and bad-faith insurance tactics during the personal injury claims process.

Rely on Experienced Representation

Dealing with delayed pain after an injury can be a frustrating and confusing experience. “Am I still entitled to compensation?” you might wonder. The longer you wait to seek medical attention, the more difficult it will be to obtain compensation. Seek experienced representation by contacting Harris & Associates, P.C, L.L.O to help you with your personal injury claim. Schedule a free consultation with our personal injury attorney to discuss your legal rights and compensation options.

Firefighter Foam Exposure Injuries

Tue, 20 Dec 2022 05:37:36 GMT

YOUR ROAD TO RECOVERY MATTERS

Beginning with the U.S. Department of Defense (DOD) in the 1970s, firefighting techniques started incorporating the use of Aqueous Film Forming Foam (AFFF) to suppress oxygen from the blaze. As the years rolled by, however, it became clear that using foam could cause cancer and other diseases among those who were exposed to it, not only the firefighters but even innocent bystanders.

Flash forward to 2022, and the manufacturers of AFFF continue to be under legal pressure because of the dangerous side effects of their products’ use. DuPont and 3M, the primary manufacturers, are facing lawsuits even though they phased out production in 2002 of the AFFF compound that was believed to be carcinogenic and otherwise dangerous to people’s health.

By 2006, other manufacturers had also ceased production of PFOS, or perfluorooctanesulfonic acid, the substance in the foam that was so dangerous. PFOS is one of several related chemicals known as perfluoroalkyl substances, or PFAS. The two abbreviations are often used when discussing AFFF to underscore the dangers inherent in the foam’s use.

In 2017, DuPont and Chemours paid out $670.7 million in a settlement for 3,550 PFOS lawsuits filed in West Virginia. In 2020, DuPont settled for $50 million for a single lawsuit from a man who suffered testicular cancer from PFOS exposure. Just recently in June and July of 2022, 115 new AFFF firefighting lawsuits were filed, bringing the total nationwide to 2,700.

If you or a loved one has developed a disease or other condition that you believe is a result of your firefighting duties in or around Omaha, Nebraska, contact us immediately at  Harris & Associates, P.C, L.L.O  We will investigate, advise you of your best path forward, and represent you in your effort to receive just compensation for your injury or illness.

In addition to Omaha, we also proudly serve clients in the surrounding counties of Douglas, Sarpy, Dodge, and Lancaster.

What Is Firefighting Foam?

PFAS are found in a wide range of consumer household products and industrial products. PFOS is a PFAS compound used in Aqueous Film Forming Foam (AFFF).

AFFF is used in firefighting to help suppress oxygen from the fire, which reduces the time and effort needed to extinguish the blaze. However, as noted earlier, AFFF also poses health risks to firefighters and anyone else in the vicinity.

AFFF is used not only by firefighters but also for its fire-suppressing qualities in chemical plants, on offshore oil rigs, at military bases, on naval ships, at gas refineries, in bus and truck fleets, and even on commercial airlines.

‘Forever Chemicals’ and Their Inherent Dangers

PFAS and PFOS are known as “forever chemicals” because they tend to stay at the site of their deployment and can even infuse drinking water long after their initial use. In fact, PFAS are highly mobile in the environment and can migrate into the groundwater, extending their deadly reach. As a result, PFAS have even been found in the Arctic.

Studies have shown a positive association between exposure and thyroid disease, high cholesterol, pregnancy-induced hypertension, gestational diabetes, and fetal growth retardation resulting in low birth weights. Studies have also shown a link to certain types of cancer, including bladder, kidney, liver, prostate, pancreatic, and testicular cancer.

Recovering Damages and Pursuing Compensation

Generally speaking, if you fall ill due to workplace conditions or suffer an injury at work, you have to turn to your workers’ compensation insurance to receive compensation. In Nebraska, even volunteer firefighters are covered by workers’ compensation. Since workers’ compensation is a no-fault system, you cannot sue your employer. You’re left to the limits of the workers’ compensation system to receive benefits.

However, third parties can be sued, and firefighting foam is definitely a product supplied by third parties such as DuPont, 3M, and others. As you can see from the 2,700 AFFF lawsuits that have been filed, the highest possible level of compensation available is through a successful lawsuit.

Highly Skilled Legal Counsel: Harris & Associates, P.C, L.L.O

If you or a loved one suspects an illness or debilitating condition is the result of exposure to AFFF, contact Harris & Associates, P.C, L.L.O immediately. Firefighters are first responders who put their lives on the line each time they are called to the scene, and as such, they deserve the finest care and consideration for the sacrifices they’ve made.

Let us investigate and advise you of your legal options going forward. We will be happy to aggressively represent you as you pursue the just compensation due to you.