Des Moines Personal Injury Lawyer - Workplace Injuries

Can homicide be a workers compensation case in Iowa?

Steve Lombardi — Thu, 05 Nov 2009 12:01:00 GMT

On Thursday October 8^th John Versypt of Cordova Ill. was found in a common area hallway with a gun lying next to him. Mr. Versypt owns rental units in the complex and was reportedly in Iowa City, Iowa to attend to those properties. The investigation remains open and we have to question what would lead to the death of this 63 year old man.

Whose gun was it? Was the gun Mr. Versypt’s or someone else’s?

What caused his death? Was it a bullet or blunt force? If either, was this the gun used in what appears to be a homicide?

Did he die of natural or unnatural causes?

If he died from being shot what does ballistics show us about if it were this gun?

Was it an argument over the collection of rent?

Or did someone know his routine and that he might have rental receipts on him, tried to rob him and he died or was killed?

In shows name is the gun registered?

What will the autopsy tell us about the cause or causes of death?

Who was home in this apartment complex around the time he was killed?

What did they see, overhear or know about what went on?

Why was he there? Was a tenant behind in the rent and he was having a face-to-face meeting with them?

Personal safety never takes a break. Carrying a handgun may seem like a good idea but what if the assailant gets his/her hands on your gun? Then what? You could hire a lawyer and take the matter to court. Sometimes it’s better to spend a little money and be safe. All that said I’m still interested in the homicide and the police investigation. Perhaps by the time this publishes we will have further information and an arrest will be made.

Now let’s get back to the subject of the title, whether or not this is a workers’ compensation claim. It could be, it depends primarily on whether the business owner covered himself with a workers’ compensation insurance policy. The legal system has been taking such a bad rap lately that many people just don’t think about what’s in their best interest. Workers’ compensation insurance is relatively inexpensive. When you consider that it provides at least four kinds of insurance all in one it’s amazing just how cheap and inexpensive it is.

Consider what workers’ compensation benefits come from this type of insurance.

Life Insurance – If the worker dies it provides a weekly pay check the widow or widower.

Burial Insurance – It provides burial benefits to the dead worker.

Disability Insurance – It provides a weekly benefit check for wage loss in the event of disabling injuries.

Medical or Health Insurance – It pays all medical bills but without a deductible or coinsurance provision.

Uninsurance and Underinsurance Insurance – If you’re working and a third party injures you, that would be someone not working for your same employer, then the workers’ compensation policy pays you a decent amount of money for the claim while providing all of the above. Now if you collect from the other guy you have to pay back your workers’ compensation carrier, but what the heck you’re still better off.

Perhaps Iowa’s workers’ compensation insurance is the ultimate universal healthcare benefit. I can’t say that about state programs like Indiana’s because that program tends towards being worse than nothing. Not only do they pay low benefits but you have some adjuster with little or no education directing your medical care. That is worse than being in Communist Russia.

Now back to the landlord; if he covered himself with a workers’ compensation policy under Chapter 85 his widow or dependent children, if any, can receive weekly benefits (the widow for life). His estate will receive a check for funeral and burial expenses. Any ambulance or ER care will be covered along with the doctor and hospital charges. The burial benefits are somewhat limited at $12,000.00 but still they are there and get a person buried.

We wish his family well, and encourage them to know there are better days ahead.

Originally posted at InjuryBoard by Steve Lombardi

Bulldozer slips off jacks and kills operator

Steve Lombardi — Mon, 02 Nov 2009 14:04:00 GMT

What caused a bulldozer to slip off the jacks and kill 60 year old Patrick O’Shaughnessy? That will be the question his family is asking after an accident at a construction equipment company in Ossian in northeast Iowa on October 14^th 2009. His co-workers tried to save him by using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?

Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit. She can commute the amount and should seek a consult with an attorney to determine her rights under Iowa's workers' compensation laws. What widows and widowers of workers killed while doing their jobs, need to know is that the workers' compensation carrier isn't your friend. You are in an adversarial relationship. That means they have no duty to advise. Heed the warning and see an attorney; we are happy to assist when asked.

We wish the family well.

Originally posted at InjuryBoard by Steve Lombardi

Electrolux Iowa Plant Closings, Exporting America’s Middle Class

Steve Lombardi — Wed, 28 Oct 2009 04:15:45 GMT

Can a community that has no manufacturing base sustain a middle class?

Electrolux is closing its Iowa operations and with those closings taking 850 jobs to a place called Juarez, Mexico. On the news tonight they showed workers upset over the introduction of a security company checking lunch pails for probably weapons. That’s a good thing really. Because if I worked there for 20 years and just had the rug pulled out from under me I might consider going to work with a loaded revolver. So the rest of you workers calm down about the security and focus on the real problem, Congressmen and Congresswomen taking campaign contributions from companies that afterwards ship jobs overseas or out of this country. What the workers need to do is demand an answer, the real answer, as to why these jobs are being shipped out of this country. It seems our Congress is either powerless, mindless or bought and paid for when it comes to shipping jobs outside of this country.

“Politics is a pendulum whose swings between anarchy and tyranny are fueled by perpetually rejuvenated illusions.” Albert Einstein

The Schedule: Electrolux in Jefferson, Iowa is moving 850 jobs to Mexico by 2011. The Electrolux Major Appliances North America operations are consolidating its North American laundry manufacturing into one facility in Juarez, Mexico. The Webster City operation will close in the first quarter of 2011 and the Jefferson, Iowa satellite facility in the fourth quarter of 2010.

Here is a quote from the MSNBC story Electrolux To Move 850 Jobs to Mexico:

“This was a difficult but necessary decision,” said Frank Wagner, Vice President, Operations, Electrolux Major Appliances North America. “Electrolux is aware of the impact this decision will have on our employees and their communities. The company will be taking steps to assist employees with this difficult transition and will work with local and state officials to ensure that all training resources are made available to our employees.”

That’s an understatement and no Frank I don’t think it was a difficult and necessary decision. Electrolux just announced its 3rd quarter profit showed a 93% rise even though in general there is weak demand for appliances. Electrolux 3Q profit rises 93 percent, October 26, 2009 The most difficult part of this decision is how all of you get out of town with your skin intact. You just took 450 jobs in Spain last week and sent them where? And that’s the reason for the security at the plant. Your brain tells you this isn’t the right thing to do but for whatever financial reason 850 Iowans get shafted and lose their jobs. They give you years of their sweat, blood and tears and what are you giving them in return. Nada.

I see Kelly Ripma is your spokesperson. How about if we not just boycott what you make but also what she sells. As she says in the ad for winning a double wall oven, that sounds like the way to “plan the perfect party.” Like I said, no wonder you have beefed up the plant security.

Do you think we don’t know this game? Did you forget that Newton, Iowa most recently lost over 2,000 jobs when Maytag closed in Newton? (Whirlpool Corp.) Electrolux cities told to market plant sites, Des Moines Register, October 25, 2009. The company says it’s doing very well financially so why the move? What gives Mr. Wagner? Maybe you’re not the guy to ask. Perhaps it’s the CEO Hans Straberg sitting comfortably in some corporate office planning his next bonus.

Electrolux is a world leading international appliance company. We are a part in the daily life of hundreds of millions of families around the world.

"Each year, some 40 million consumers in more than 150 countries choose our products, such as cookers and cooktops, ovens, fridges and freezers, dishwashers, washing machines, tumble dryers, room air conditioners and vacuum cleaners. That translates to two products bought from us every second, every day of the year." Electrolux Corporate Website quote.

From your most recent press release this is all about margins and martini's with you CEOs. That and your next bonus check. How much are the board’s big fat bonuses for 2009 going to be? It’s not longer about the people in the community, the workers that build the products or their families. It’s all about you.

And corporate America wonders why this next generation shows no loyalty or work ethic?

Third quarter results clearly demonstrate our potential

26 Oct, 2009 07:51

Today I am presenting very strong results for the third quarter. We have succeeded in reaching an operating margin of more than 8%. I am very pleased that all Electrolux operations have been successful in this challenging market. Market demand continues to be weak, although the rate of decline has slowed down.

The results show that we are capable of increasing our margins. At the same time, we have to be realistic and understand that a lot of work remains before these levels are sustainable.

Almost everything went our way this quarter. Cyclical trough in commodity prices and maintained prices have been decisive for our earnings improvement. Other contributing factors are a better product mix and significant cost reductions.

Electrolux Financial Statement

If you leave off the return on equity for 2008, 2008 was a bad year for everyone; Electrolux’s ROE is over 20% on average for the period 2004 through 2007. Greed is the only thing we Iowans can see driving this decision; plain and simple it’s about greed of a few that leaves the middle class behind.

I’ve seen it since 1981 from a front row seat in Waterloo and the John Deere employees, the American middle class is being dismantled. It’s being shipped overseas and down south. If a country doesn’t have manufacturing jobs they soon don’t have a middle class and class warfare can’t be far behind. If you and the other plant closing CEO’s are wondering why there are so many people running around this country wanting to wage war over the right to carry firearms, just stop and consider the bigger picture from the viewpoint of a family of five just trying to put food on the table. All they can think of is where Sam Colt is when you need him?

U.S. Chamber of Communist Commerce and the Un-American Tort Reform Association Sit on the Sidelines Saying Nothing - Perhaps they speak only in Spanish and Chinese

My advice to Iowans is to buy American-made goods. Don't buy cars, appliances or any other products that aren't made in America by the American worker. Why don’t we have our own website for American made goods?

And once again I ask, why is the American Tort Reform Association and the U.S. Chamber of Commerce so quiet? Why don't they have anything to say about the loss of American jobs? Isn't it the United States Chamber of Commerce? Or is this really a communist-like organization interested only in the wealth of a few who own and run companies out of America? Your two organizations are truly the great illusionists. The comment section is below...

http://www.youtube.com/watch?v=oZ7JV0B1eAY

Originally posted at InjuryBoard by Steve Lombardi

Farm Safety and Corn-Full Grain Bins

Steve Lombardi — Fri, 23 Oct 2009 13:09:00 GMT

On September 23rd, 2009 Paul Nurre of Strawberry Point was found in a grain bin full of corn in Aurora. Mr. Nurre was reported missing Wednesday afternoon after which firefighters and employees spent several hours removing corn from the bin to recover his body. Mr. Nurre had worked for the company for 30 years, with so much experience one has to wonder how could this happen?

But it does happen and far more often than farmers like to admit.

There are approximately 3.1 million men and women who work on America's 2.3 million farms and ranches. According to Accident Facts published in 1990 by the National Safety Council, farm accidents and other work-related health problems claim as many as 1300 lives and cause 120,000 injuries a year, most of which are preventable. U.S. Dept. of Labor, Farm Safety

Did you know that grain suffocation is more than just the grain acting like quick-sand? Here take a look at this safety tip from the Dept. of Labor.

Take the necessary precautions to prevent entrapment and suffocation caused by unstable surfaces of grain storage bins, silos or hoppers

Be aware that methane gas, carbon dioxide, ammonia and hydrogen sulfide can be present in unventilated grain silos and manure pits in quantities sufficient to cause asphyxiation or explosion.

For additional information about farm auger conveyors and safety follow the link.

http://www.youtube.com/watch?v=O6K05Scnuso

http://www.youtube.com/watch?v=Ms8hg5HxDrg

Originally posted at InjuryBoard by Steve Lombardi

I-80 Oxford, Iowa interstate crash sends road crew to the hospital

Steve Lombardi — Tue, 20 Oct 2009 07:26:00 GMT

We don’t have much information this morning but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa. The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

http://www.youtube.com/watch?v=pPH5hJIv1XE

Originally posted at InjuryBoard by Steve Lombardi

Des Moines Police Officer is One Tough Cookie

Steve Lombardi — Wed, 07 Oct 2009 10:28:00 GMT

What do you get when you take 250,851,833 registered passenger vehicles, 46,876 miles of highway, and a man with a badge? This is not the opening line of a clever joke with a cute punch line. In this scenario, it's pretty clear that in a confrontation between two ton vehicles traveling more than a mile a minute and a patrolman on the highway battlefield, man loses to machine. When a 3,000 pound car hits someone on foot there is no contest.

Unfortunately for those who work on the highway, there is no way to protect against cars on the road. The safety of any construction worker, tollbooth operator, or police officer rests on the margin of human error. The only thing standing between a patrol worker and disaster is a driver's safe operation of his or her vehicle. Distracted drivers are a major hindrance to a State Highway Patrol Officer being safe in his working environment.

According to the National Highway Traffic Safety Administration, nearly 6,000 people died in 2008 in crashes involving an inattentive driver. On a given day in 2008, more than 800,000 vehicles were driven by drivers talking or texting on cell phones. Distracted drivers are one of the leading causes of highway fatalities, and the risk is even greater for those who work on the nation's highways regularly.

The NHTSA has taken certain measures to ensure the safety of road workers. For example, when you drive through a construction zone, you probably notice a litany of bright orange signs warning you to drop your speed on pain of doubled speeding fines. Some states enforce a minimum penalty of $375.00 for speeding in a work zone, regardless of the base fine, regardless of whether workers were present or not. The penalty for hitting a worker is usually around $10,000 and jail time, depending on the state and extent of the worker's injuries. Work zones are also secured (in the loosest sense of the word) with temporary fences, flashing lights, light board signs, cones, and barrels, offering at least a visual alert to approaching. However, common sense dictates that if a car suddenly swerves out of its lane, the power of the Mighty Plastic Orange Cone isn't going to do much to protect Joe the Construction Worker from injury or even death.

Even so, construction workers are better protected than state troopers and patrolmen on duty on the nation's highways. While workers have zones blocked off and marked, officers have to pull onto the shoulder of the road to write a ticket, regardless of visibility or weather conditions. There are no threats of fine's posted in patrol zones, no blocked lanes, and most of the time, vehicles barely change speeds when passing a pulled over car. With no fluorescent vests or signs warning drivers to be careful two miles in advance, officers have no reliable protection against stray vehicles on the highway as this video demonstrates:

http://www.youtube.com/watch?v=k7ycyV3YPWg .

Take for example the case of Des Moines Police Sgt. Larina Blad. On August 15, Sgt. Blad was struck by a 4,800 pound Dodge Durango driven by a man with three prior OWI convictions. The driver, who later tested at more than two times the legal blood alcohol limit, dragged her more than a block and a half before stopping. The radio dispatch as reported by Radio Iowa indicates just how tough is this officer.

"What happened?" the dispatcher asked. "I’ve been run over," Blad replied. "I’ve been run over." The dispatcher sent "all units" to the scene. "I’ve got medics rolling already," the dispatcher told a policeman who had arrived at Blad’s side. "Is it a hit and run?" the officer asked.

The dispatcher replied: "It definitely sounds that way, yes." The suspect, 24-year-old Irving Cartagena, was allegedly driving drunk and his license had been revoked. Cops caught up with the suspect who was driving a white Chevy Tahoe. "Subject in custody?" the dispatcher asked.

Sgt. Blad, who vowed to return to work by the end of the week, was lucky not to have suffered more severe injuries in the accident. However, the same cannot be said for the roughly 70 officers who are killed in traffic related incidents each year while in the line of duty. According to the National Law Officers Memorial Fund, the majority of officer deaths for the past 11 years have been traffic related.

We can all help prevent these tragedies by driving safely and remaining alert for the sake of Iowa Highway Patrol officers, workers, passengers, other drivers, and ourselves. Leave your cell phone in your purse or pocket until you are safely parked. Avoid driving while tired or intoxicated, and always exercise caution when you see highway workers of any kind. Beyond that, it may be time to petition lawmakers to instate harsher penalties for repeat offense OWIs so that the roads are safer for everyone.

What do you get when you take 250,851,833 registered passenger vehicles, 46,876 miles of highway, and a man with a badge? The answer depends on how safely we drive. Do your part to protect the safety of highway patrol workers.

Highway Patrol Work is Dangerous

http://www.youtube.com/watch?v=6qXR16QDS8I

http://www.youtube.com/watch?v=IQR5w1UKFpA

http://www.youtube.com/watch?v=WaK1YoxZY5g

(go to 1:10 of the video)

Originally posted at InjuryBoard by Steve Lombardi

Newton, Iowa Construction Site Wall Collapse Injures Three Workers

Steve Lombardi — Tue, 29 Sep 2009 14:42:00 GMT

Three construction workers were injured on a job site in Newton, Iowa as a wall collapsed and causing the scaffolding to do the same. KCCI news reporters watched a videotape taken by a security camera from across the street at Dave’s Wholesale. The security camera footage shows the collapse, to what degree isn’t known or disclosed. The men worked for Boucher Masonry Co. from Boone, Iowa. IOSH is investigating the incident.

Originally posted at InjuryBoard by Steve Lombardi

Truck Backing Causes Accidental Death of Illinois Highway Worker

Steve Lombardi — Fri, 18 Sep 2009 13:21:00 GMT

A highway construction worker was struck and killed in Morrison, Illinois. The worker was identified by the Quad City Times as Michael S. Holloway, 44 or Rock Falls, Illinois. The worker killed was working as the flagger. He was run over by a dump truck backing up. The dump truck driver is 75 years old.

This is a situation I’ve blogged on several times on The Verdict. Just today we posted on older drivers and how old is too old to be driving.

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

In other posts I’ve talked about road construction worker safety and traffic risks.

The Verdict, Construction Site Accidents

Highway Workers are at risk of being killed while repairing the nations roads - be careful

And in other posts I’ve discussed backing-up accidents that kill workers and pedestrians.

Truck Accident Prevention: Garbage truck backing over woman may be an accident but it is preventable.

Construction Accidents - Backing up and rear warning devices.

Safety should never go on break.

http://www.youtube.com/watch?v=9cT8DV7Wt5Y

On the job site what is your back up plan?

http://www.youtube.com/watch?v=tPAcBwxcFCs

Originally posted at InjuryBoard by Steve Lombardi

Crushed worker could have easily been avoided - chock the wheels

Steve Lombardi — Thu, 17 Sep 2009 10:00:00 GMT

Chocking the wheels and setting the parking brake would probably have saved the life of this liquid asphalt truck driver. OSHA fined a trucking company $9,100 for failing to use precautionary measures that allowed a truck loaded with liquid asphalt to roll, crushing the worker between two trucks. The driver was 62-year-old Brian Cellar.

If married at the time or if he had dependent children they would be provided with workers’ compensation benefits in Iowa. What most people don’t appreciate is even if the worker is from another state they can sometimes get Iowa benefits if the accident occurred in Iowa or they normally live and work in Iowa but the accident happens in another state.

Chocking the wheels is a simple thing, setting the parking brake even simpler. Sometimes we forget the little things that make a big difference. There are no holidays from safety. Be smart and go back to the basics. Shortcuts may lead to a disaster. General IOSH or OSHA safety rules are covered under Chapter 10 in Iowa.

This is the second worker to die from similar rolling issues. A man in McGregor, Iowa died as the truck trailer he and some others were working on rolled over him. The utility trailer was hooked to a pickup truck. It’s not clear if the trailer wheels were chocked, if the parking brake was on or why he was in a position where he could be crushed. His name is Brent Blietz, 24-years-old. There is no mention of whether he has a wife and children. Our condolences go out to the extended family.

Originally posted at InjuryBoard by Steve Lombardi

Made For America! Trading jobs --- for infant brain cells.

Steve Lombardi — Fri, 11 Sep 2009 10:49:00 GMT

Lead Poisoning of Children: American Manufacturers in China: Jobs and Brain Cells Lost

Recent news out of China shows environmental standards are lax or nonexistent in protecting those living in the neighborhoods and rural areas surrounding factories. In at least three recent incidents tests showed children being poisoned by lead. Lead poisoning cause’s brain and nerve damage. I should say that again: lead poisoning causes brain damage. It delays or retards development in the young. This third round of recent lead poisoning of Chinese children is providing a glaring view of what the world of manufacturing and industry gets away with in China. No wonder they are all clamoring to manufacture in Asia. They can poison the environment without any thought of corporate responsibility.

“A routine blood test conducted on 1,000 children in Kunming, capital city of Yunnan, found 200 who had “excessive” levels of lead in their bodies, the China Daily reported today, citing hospital director Wu Ling.

China has struggled to implement health standards at plants, with excessive lead found in toys and melamine-tainted milk and pet food killing children and dogs. Two smelters in Shaanxi and Hunan provinces were closed after more than 2,000 children were found to have “above-normal” levels of lead in their blood, according to Xinhua News Agency reports this month.”

Do you recall that Mattel Inc. in 2007 recalled 21 million Chinese-made toys because of excessive lead content? They did. Is lead poisoning still occurring in China? Absolutely it continues to occur. Should we be concerned? I'm not sure what we can do about the problem in China except consume less and test whatever we import. The issue of jobs lost to China never leaves my mind. I believe it's possible to manufacture safely in this country.

Around Christmas I asked a friend who owned a manufacturing plant in Iowa if labor costs were really the reason American manufacturing was being transferred to places like China. He said no that the EPA was by far the biggest reason. In other words manufacturers are going someplace else to produce products to avoid being environmentally friendly. They are seeking to pollute the planet without regard to any legal liability. They want a place where they can freely poison the surrounding population without legal responsibility.

He further explained how difficult the logistics were to have products made and shipped from so far away. I believe this friend because he knows what he’s talking about and owned manufacturing plants in several different states in America.

For those who do ship jobs overseas is it simply easier to profit from poisoning Chinese children than children on American soil? Is this an acceptable premise?

“Authorities shut the Wugang Manganese Smelting Plant in Hunan province on Aug. 13 after tests showed as many as 1,354 children living near the smelter had excessive lead levels, Xinhua said Aug. 20. The Wugang government ordered more than 100 plants to be overhauled, Xinhua had said.”

I grew up in Bristol, Rhode Island and worked at the American Tourister factory. My relatives worked for years at the Converse factory. My mother for a time worked at the Premiere Thread factory. Manufacturing was a way of life and created jobs and an economy that supported families with a decent standard of living. The factories in Bristol are mostly gone overseas. Do we want the jobs back? Yes we do. Do we want to poison our children to get them back? Absolutely not.

I believe people want to build things; they want to do a day's labor with tangible results. Create those jobs and Americans will fill them. Maybe not our kids because we've made them fat and lazy. We've SuperSized them if you will. Fat, happy and lazy.

I was in school from 1959 until 1981. That’s a period of some 22 years and never once did I see a course that taught how to create environmentally friendly manufacturing jobs. If colleges and universities want to know how to survive they need only examine the concept of work and job creation as a major course of study. Imagine that a position with the function of creating viable jobs.

So here is my question for today. How do we create these jobs without ruining the environment while maintaining healthy profit margins for the owners?

Originally posted at InjuryBoard by Steve Lombardi