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Personal Injury Law

Des Moines Personal Injury Lawyer

Commonsense analysis of Iowa personal injury law. Focused on the rights of the common working man and woman.
By Steve Lombardi, Esq.

Post Frequency: 17.4/day

Last Entry: March 31, 2010 at 07:01:00

What will we be discussing in August here at the IB?

Posted on August 06, 2008
Hello again. It's me the civil trial lawyer that politicians love to have you hate. Yup it's me the unapologetically brash, shamelessly hopeless civil trial lawyer that apologizes to no one for being one. I'm back from vacation. I took two weeks to travel to Russia and climb on Mt...

Iowa Work Comp - Am I entitled to be paid more permanent partial disability benefits?

Posted on August 05, 2008
Facts: I'm often asked by a worker who is injured at work if they are entitled to additional permanent partial disability benefits if after going back to work they reinjure the same extremity. In this case the question was posed by a worker who suffered an elbow injury and was assigned a diagnosis of cubital tunnel syndrome...

Crocs are dangerous. No, not the toothy reptiles; the clogs.

Posted on August 04, 2008
Are you a fan of the colorful, rubbery-feeling, plastic clogs known as Crocs? Crocs, Inc. , founded in 2002, produces footwear for men, women, and children and has a $874.4 million total revenue. The Crocs are made using a closed-cell resin material called "Croslite", which is purported to be both comfortable and functional...

Personal Injury Settlements - What confidential means.

Posted on August 03, 2008
There are several reasons lawyers won't comment on the terms of a settlement, the main one being a confidentiality clause being one term of settlement. It's not uncommon for companies who pay damages as part of a settlement to require the parties receiving the money to remain hush-hush about it...

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Long and Short Term Disability Insurance - Knowing when to see a lawyer

Posted on August 02, 2008
Question: IS THERE ANY WRONG DOING WHEN YOUR LTD INSURANCE (Unum) DOES NOT GIVE ANY INFORMATION ABOUT YOUR DIAGNOSIS, REASON TO CHANGE DIAGNOSIS, QUESTIONS RE ABBREVIATIONS IN POLICY AND LETTERS, NO RULES THEY HAVE TO GO BY, NO SPECIFIC REASON GIVEN SO AS TO HELP WITH THE APPEAL? Answer: If I understand your question, the answer would appear to be, yes there is something wrong with an insurance company essentially denying your coverage or terminating your disability coverage and not conveying to your the basis of that denial or termination...

The Danger of Combustible Dust

Posted on August 01, 2008
On May 1, 2008, the United States House of Representatives passed H.R. 5522 . This bill requires the Secretary of Labor, Elaine Chao , to issue occupational safety and health standards regarding worker exposure to combustible dust. There have been a number of deaths as a result of dust explosions within general industry, and according to the text of the bill, the Occupational Safety and Health Administration has failed to address this issue...

Construction Safety - Construction Accidents: Cranes and Personnel Platforms

Posted on July 30, 2008
There have been a number of recent accidents within the construction industry related to cranes and crane operation. On June 13th, three workers at the new stadium for the Dallas Cowboys were injured when they jumped off of a crane cab in order to avoid cables and other equipment falling from another crane...

Waste Disposal Issues

Posted on July 28, 2008
Both OSHA and the EPA have set regulations regarding proper disposal of construction waste. Regardless of whether it's hazardous or not, all materials stemming from worksites need to be disposed of in a manner that fits in line with those standards. And, unfortunately for contractors, waste disposal is not optional...

Construction Safety - Construction Worker Hearing Loss: Prevention and Protection

Posted on July 27, 2008
The Occupational Safety and Health Act of 1970 requires employers to ensure the safety of their employees within the work environment. Within the construction industry, work-related hearing loss is a significant health and safety issue. Approximately 30 million workers are exposed to hazardous noise while at work...

Construction safety - Respiratory disease and it's relation to the construction industry

Posted on July 25, 2008
We like to think we've come a long ways since years past when miners and other blue-collar workers were exposed to life-threatening working conditions. We've moved forward from the days when we were willing to sacrifice a worker's health for the simple purpose of fixing a sewer or gut renovating a high-rise building of luxury apartments...

Construction Safety - Construction Worker Foot Protection

Posted on July 24, 2008
Think of the number different ways one could injure a foot while working construction; there are a lot. Injuries result when feet are caught in cracks, run over by moving vehicles, crushed by heavy objects, punctured by sharp objects, burned, or even electrocuted; the list goes on and on...

Construction safety - How to prevent construction falls

Posted on July 22, 2008
Alright, it's obvious: construction accidents occur...often. Workers scaling the sides of buildings, hopping about on scaffolding and working in close quarters with heavy machinery are bound to sustain an injury, one way or another. Workers hanging from flimsy or loosely-fitted harnesses are bound to fall...

Construction Safety - Eye Protection for the Construction Worker

Posted on July 21, 2008
The Occupational Safety and Health Act of 1970 requires employers to ensure the safety of their employees within the work environment. Part of ensuring the safety of workers involves providing personal protective equipment (PPE) to workers in order to prevent injury and guarantee worker safety...

Construction safety - OSHA 10

Posted on July 19, 2008
When it comes to construction safety, common sense generally isn't enough (many workers have learned this the hard way...) Thus, it's important for construction workers to be educated or trained in the field of construction safety.In order to do so, OSHA has developed the OSHA 10, which requires workers to complete a ten-hour service and training course in the field of construction safety...

Construction Safety - Fall Protection: Employee's Rights within the Workplace

Posted on July 18, 2008
According to the Occupational Safety and Heath Administration's (OSHA) standards and regulations, employers within the construction industry are required to provide some form of fall protection or prevention when employees are at risk of falling from a height of six feet or more...

Construction safety - Are safety-based incentives as beneficial as they seem?

Posted on July 16, 2008
A few days ago I wrote on the incentive programs being offered to workers by many construction companies and affiliate organizations. The idea behind such programs is that, by providing various types of rewards for abiding by and maintaining safe environments, construction workers will make every attempt to ensure safe working conditions and decrease the risk of an accident on the work site...

Guns at work? What's next? We need more lawyers in the legislature.

Posted on July 16, 2008
There are times I think I'll never be able to say, "I've seen it all.", but this news item takes the cake. Incredible as it may seem the State of Florida recently passed a law allowing employees to bring guns to work. Yes I'm not kidding. Effective July 1, 2008 employees are allowed to bring guns to work as long as they leave them inside their vehicles...

Construction Safety - Fall Protection: What Is a Personal Fall Arrest System?

Posted on July 15, 2008
In the construction industry, the Occupational Health and Safety Administration (OSHA) requires fall protection there is any risk of a worker falling from an elevation of 6 ft. or more. A personal fall arrest system is a system designed to "arrest" an employee in a fall from a working level...

Construction safety - Employers providing incentives for safety

Posted on July 14, 2008
Remember learning about Pavlov's response? Let me refresh your memory: the dog was conditioned to respond in a 'do something and be rewarded' sort of way. This conditioned response works well for children, too; if they know there's something in it for them, they'll do as they're told...

Family Law - Injured Heart - Must I Give Back the Engagement Ring?

Posted on July 13, 2008
Question: My daughter's ''ex'' future father-in-law is asking her to return her engagement ring over a year after his son broke off the engagement. Is she obligated to return it--name removed--My daughter and her ex fianc� lived in Florida for almost 2 years at the time they became engaged--name removed--She now lives in Iowa--name removed--He lives in Pennsylvania...

Construction Safety - Fall Protection: Developing an Effective Fall Protection Plan

Posted on July 12, 2008
According to the Occupational Safety and Health Administration, one-third of fatalities in the construction industry are caused by falling from elevation. The implementation of a fall protection plan could help decrease the number of deaths from falls by a significant amount...

Construction Safety - Trench Collapse

Posted on July 10, 2008
Marion, IL worksite saw the untimely deaths of two construction workers this past March when a trench caved in and buried the two men under several tons of dirt. A construction worker was crushed to death when a trench collapsed in Brooklyn. Two brothers were entrapped in a collapsed trench in Potomac, Washington...

Motorcycle Safety - More accidents, more deaths and multiple causes.

Posted on July 10, 2008
A southbound motorcycle rider was ejected from his bike after a northbound car turned and struck him head on while turning off Highway 965 onto Cou Falls Road near Swisher, Iowa . The collision occurred about 6:30 PM. There is no mention of whether a helmet was worn or a cause of death...

Construction Safety - Fall Protection: Employee Training

Posted on July 09, 2008
According to the Occupational Safety and Health Administration's (OSHA) Safety and Health Regulations for Construction, employers are required to provide a training program for each employee who could potentially be exposed to fall hazards. The employer is required to have each employee trained in a number of areas by a competent and qualified person...

Crane Safety & Inspection

Posted on July 08, 2008
We all know it: we're living in an era of globalization and expansion. As such, high-rise construction projects are occuringall over the country; we see them as apartment buildings in the city, they occur as resorts on thebeach, and now they're even placing condominiums in our small, Midwest towns...

Construction Accidents - Scaffolding Safety Requirements

Posted on July 07, 2008
Two more workers have been injured on the construction site of the new K-8 school building under construction in Shenandoah. IOSH (Iowa's version of OSHA) and OSHA will investigate. Radio Iowa reports this is the second accident in which workers have been injured...

Fall Protection: What is Legally Required of Employers?

Posted on July 06, 2008
The Bureau of Labor Statistics reports that 1,266 construction workers died on the job and 35% of those fatalities were the result of falls. In response to falls that result in death, the Occupational Safety and Health Administration (OSHA) has set standards for fall protection...

Fall-Safety Regulations Rising

Posted on July 04, 2008
It's a beautiful summer day and you're contemplating emptying the roof gutters. But before you climb that ladder, stop and think: should you be wearing a harness? Odds are, you won't even consider it; however, the few that do will probably decide against it...

What is Fall Protection?

Posted on July 03, 2008
This blog is the first of a multipart series directed towards construction workers who have been injured or killed from a fall, their families, and their attorneys. A number of men and women, in a number of different professions, risk being injured or killed from a fall while performing their employment duties...

OSHA: Setting Standards and Implementing Regulations

Posted on July 01, 2008
You see them everywhere: camped out on the highway, scaling the sides of buildings, hanging from scaffolding at the house next door. Their work takes place in dangerous locations and often involves the use of heavy machinery and equipment. Thus, it's no wonder approximately six construction men and/or women die in the United States each day...

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