Work Accident Lawyers
An Omaha Law Firm That Fights for Injured Workers
While some jobs are more dangerous than others, anyone can be involved in a workplace accident. If you've been hurt on the job, you deserve to be compensated for your injuries. The Omaha workplace accident lawyers at Ausman Law Firm, P.C., L.L.O. fight for injured workers in Nebraska and Iowa.
Both states have workers' compensation laws designed to pay for job-related injuries and illnesses. You are eligible to file a claim for benefits no matter who was at fault for your accident and whether or not there was any negligence. While you don't need a lawyer to file a workers' compensation claim, it is in your best interests to have one.
Our experienced attorneys have recovered millions for injured workers. While past victories are no guarantee of future success, our case results include:
- A six-figure recovery for an injured worker following a trial award of permanent total disability.
- A workers’ compensation trial award of permanent and total disability for a worker with a low back injury.
- A workers’ compensation trial award of permanent and total disability for a woman with reflex sympathetic dystrophy (RSD)/chronic regional pain syndrome (CRPS).
Never settle for less
As with any other type of injury claim, your employer and their insurance company will likely try to pay as little as possible. They may claim your injury didn't occur at work. They may dispute the extent of your injury or the treatment it requires. An employer or insurance company may also claim you are ready to return to work, even though you are still recovering.
We can help prove the true nature of your injury and the treatment it requires so that you get all the compensation you are eligible to receive. You may be eligible to seek benefits under workers' compensation law for various injury-related expenses, including:
- Medical expenses
- Lost income (based on a percentage of your average weekly wage)
- Disability benefits
- Vocational rehabilitation (if you can't return to the same job)
We'll make sure your doctor has all the information needed to make a determination about your injury. (In Iowa, your employer has the right to choose the doctor who will treat your injury. In Nebraska, injured workers can choose their own doctor.)
And if you don't receive the benefits you should receive, we will represent you in all hearings and appeals.
Common workplace accidents
Some of the common ways for an employee to be injured in an accident at work include:
- Construction Accidents. Construction workers and skilled tradesmen are at an elevated risk of falling from heights like scaffolding or ladders, being struck by heavy objects like falling debris, or getting caught in machinery.
- Manufacturing or Food Processing Plant Accidents. Common types of plant accidents include slipping and falling on wet surfaces in areas where liquids or food waste have spilled, sustaining burns from hot equipment like ovens or fryers, or experiencing injuries caused by malfunctioning machinery such as conveyors or slicers.
- Malfunctioning Machinery Accidents. Whether due to defective parts, lack of maintenance, or human error, malfunctioning or defective machinery accidents can cause debilitating injuries. Workers may become caught in unguarded or faulty equipment, get entangled in conveyor belts or rotating parts, or be struck by malfunctioning tools or heavy machinery.
- Slip and Falls. Uneven surfaces, stairways, slippery floors, falls from ladders or scaffolding, or falls due to inadequate fall protection measures are some of the most common factors in work-related slip and fall accidents. Falls are serious and often result in fractures, sprains, head injuries, or other serious harm. They can also be fatal.
- Struck By, Crushed, or Caught By Equipment Accidents. Accidents involving being struck by equipment, crushing, and being caught by equipment can occur in various work environments, such as construction sites, manufacturing facilities, or warehouses.
- Commercial Truck Accidents and Delivery Van Collisions. Car accidents happen on the job during all types of work-related transportation activities like driving company vehicles, operating heavy machinery, or commuting between work locations.
- Fires and Explosions. High risk sectors include chemical manufacturing, oil refineries, and industrial processing plants.
- Agriculture and Farm Accidents. Examples include machinery-related accidents like entanglement in farm equipment or overturning of tractors, injuries caused by handling livestock or working with animals, exposure to harmful pesticides or chemicals without proper protective measures, or incidents involving falls.
These are just a few examples from the wide variety of on-the-job accident cases that our law firm handles. We also provide strong legal representation and compassionate guidance in cases involving fatal workplace accidents.
Holding Third Parties Responsible
If the negligence of a third party caused your workplace accident, we can help you take legal action by filing a personal injury claim. Examples of a third party include vendors, contractors, other drivers on the road and manufacturers of defective equipment.
The insurance company representing a third party may deny all responsibility. Our firm will conduct our own investigation of your accident to find evidence of negligence. We will build a strong case that proves that negligence caused your injury.
Often, we are able to negotiate a favorable settlement with the insurance company. But if the insurance company won't settle, we won't hesitate to take them to court. We love to litigate, and have won victories for our clients to help them rebuild their lives.
If you've been injured in a workplace accident, contact us for a free consultation on your claim. We can explain the workers' compensation process and whether you have a third-party negligence case. Our goal is to get you maximum compensation for your injury.
Construction Site Injuries
The most common reasons that construction injuries happen are from falls, caught betweens, struck-bys, and electrocutions. Working on a construction site can be dangerous, and people can get injured in ways that we could not imagine. It only takes a moment for someone to suffer injuries that alter the course of their life. Between the financial costs of the injury and impacts to health, the damages can add up quickly. If you are a construction worker or the family member of someone who was seriously injured, it is likely that some type of compensation should be awarded. Contact our Omaha, NE construction site accident lawyer today if you would like to know more.
Employer Safety Duties
It is the duty of an employer to provide construction workers with the equipment and protective gear they need to work safely. While the job is inherently more dangerous, this doesn’t mean that employers don’t have to make an effort to keep everyone as safe as they can. In some instances, injured workers are not able to file a lawsuit against their employer. For many injury cases, the workers’ compensation system can be a remedy to provide payment to an injured worker. But there are instances when the involvement of a third-party contributed to the injury accident. Here are examples of third parties who may be found culpable in the workplace incident:
- The owner of the construction site
- The general contractor, if they negligently hired a subcontractor
- Defective work equipment that faulted when in operation
- Another contractor or subcontractor working at the site
Third-party cases allow for damage recovery which are not recoverable through a workers’ compensation claim. This may include lost wages, non-economic damages, pain and suffering, and more. To have your situation assessed by a member of our team, contact us now for an appointment.
Workers’ Compensation Programs
The purpose of workers’ compensation programs is to provide workers with payment if they are injured while performing their duties. Construction site workers are at risk of injury simply due to the nature of the job. If someone sustains a serious injury, an employer must get them medical attention and coverage for any losses. However, many employers and their insurance companies may attempt to minimize how much a worker is given so they can save money. Or an employer may retaliate or fire the worker so they don’t have to provide compensation. Please do not let this happen to you, reach out to us so we can oversee how your claim is handled.
How We Can Support You
Construction site injuries can cause people to suffer severe injuries that can change their health now and into the future. How we can support you is to make sure that your workers’ compensation claim is handled fairly. We can investigate the accident in further depth to uncover contributing factors and potential liable parties. At a time when you are taking care of a serious injury, it helps to have a legal team handle communications with your employer, insurance companies, and watch out for your best interests. Our team at Ausman Law Firm P.C., L.L.O. is here to offer support as soon as we hear from you!
7 Common Myths About Construction Site Accidents
Construction sites can be dangerous, and when accidents happen, they can lead to serious injuries and financial hardships. Unfortunately, there are many misconceptions about construction site accidents that can prevent workers from seeking the compensation they deserve. At Ausman Law Firm P.C., L.L.O., we have helped hundreds of injury victims and their families get financial compensation for expenses related to their injuries. If you or a loved one has been injured on the job, an Omaha, NE construction site accident lawyer can provide legal guidance and it may be in your best interest to discuss your situation with one as soon as possible. Here are seven common myths about construction site accidents.
- Workers’ Compensation Covers Everything – While workers’ compensation provides benefits for injured workers, it does not always cover all medical costs, lost wages, or pain and suffering. In some cases, a third-party claim may be necessary to recover full compensation. Without the help of a good personal injury lawyer, many workplace accident victims find it difficult to get the maximum amount of compensation they are entitled to and need.
- Only Workers Are Eligible for Compensation – Injured workers can file for workers’ compensation, but others, such as bystanders, delivery personnel, or subcontractors, may also have legal options if they are hurt on a construction site due to negligence.
- Employers Always Pay for Injuries – Many workers of common workplace accidents such as slip and fall accidents believe that if they file a claim, their employer will personally have to cover the costs. In reality, most workplace injury claims are handled by workers’ compensation insurance or liability insurance, not directly by the employer.
- You Can’t Sue If You Accept Workers’ Compensation – While workers’ compensation prevents lawsuits against an employer in most cases, injured workers may still be able to file claims against third parties, such as equipment manufacturers, property owners, or contractors whose negligence contributed to the accident. A Omaha construction site accident lawyer can help determine if additional claims are possible.
- Minor Injuries Don’t Require a Claim – Even seemingly minor injuries can worsen over time. Failing to report an injury and seek medical attention can make it difficult to get compensation later if the condition becomes more serious.
- Safety Violations Always Lead to Immediate Compensation – While safety violations can strengthen a claim, they do not automatically result in compensation. Injured workers still need to prove how the violation caused the injury and follow the legal process for making a claim.
- Legal Help Isn’t Necessary – Many workers believe they can handle their claims alone. However, insurance companies often try to minimize payouts, and without legal representation, injured workers may not receive the full compensation they deserve. Consulting with an attorney increases the chances of a successful claim.
Misconceptions about construction site accidents can prevent workers from taking action. If you or a loved one has been injured, speaking with an Omaha construction site accident lawyer can help you understand your legal rights and options. At Ausman Law Firm P.C., L.L.O., we have defended injury victims and their families with positive results for over 15 years. Contact us today for a free consultation to discuss your case.