Truck driver discovered hours after I-80 crash

Rescue workers found an overturned semi-trailer and an injured driver on I-80, west of the Grand Prairie Parkway exit near Waukee on June 15.

Officials believe the truck, which was hauling lettuce and strawberries, went into the median and dropped thirty feet between two bridges, landing upside down in Sugar Creek. “We had some construction workers working on the north side of the bridge, and they saw a semi-trailer down in the river,” said Iowa State Trooper Tracy Bohlen. “And they did find the driver laying out in the water, halfway up on a couple pallets.” Troopers said the driver suffered from a broken leg, but was able to talk and stand. The driver, a California man, told rescuers that he crashed around 4 a.m.

If you are in need of legal counsel after suffering from a serious injury, you can rely on the Des Moines personal injury attorneys at the LaMarca Law Group, P.C. to help you file a claim and receive compensation. Contact us today at 877-327-2600 to discuss the details of your situation.



OSHA requiring employers to improve safety by collecting injury data

The Occupational Safety and Health Administration (OSHA) is now requiring employers, especially those in high-hazard industries, to disclose all incidents of work-related injuries in an attempt to improve workplace safety.

In the new rule issued by OSHA, the workplace injuries or illnesses already required to be recorded by employers will be posted on OSHA’s official website. The new policy is intended to urge employers to maintain their facilities to prevent injuries and illnesses. Job seekers are expected to benefit from the publicly posted injury data of employers because they can choose workplaces with low injury rates. The Bureau of Labor Statistics estimates that over 3 million workers sustain workplace injuries yearly. The new OSHA policy is expected to take effect on August 10.

The lawyers at the LaMarca Law Group, P.C. understand that many workers experience a financial loss as a result of sustaining injuries in the workplace. If you are in such a situation, our firm may be able to help you earn the workers’ compensation you need for recovery. Call us at 877-327-2600 to learn more about your legal options.



Man killed in tower tank accident in Sergeant Bluff

According to a news report by the Sioux City Journal, an accident on a construction site at CF Industries in Sergeant Bluff resulted in the death of a 44-year-old man from Tecumseh. The incident happened at around 2:40 p.m. on March 19, according to a news release from the Woodbury County Sheriff.

Two men were working at a tower tank when the accident occurred. They were entrapped in the confined space, according to ktiv.com, and the 44-year-old man was left unconscious, while the other worker was able to escape and was taken to Mercy Medical Center.

A spokesperson for CF Industries stated that the area of the accident is currently not in use and is not dangerous to employees and contractors.

The incident is subject to further investigation.



Is your shoulder injury covered under Iowa’s workers’ comp law?

Shoulder injuries are among the most common injuries suffered by employees. The types of injuries associated with shoulder joints range from mildly uncomfortable to severely painful, but any variation of discomfort may affect a worker’s ability to perform job-related tasks. The most frequently reported types of shoulder injuries are:

  • Shoulder dislocation
  • Rotator cuff tear
  • Shoulder bursitis
  • Shoulder impingement syndrome

An employee is entitled to workers’ compensation benefits if the shoulder injury or shoulder pain was cause by the performance of job-related duties or a workplace accident. The employer’s insurance must pay for all the medical bills associated with the injury. Income replacement benefits may be provided when the employee needs to adjust work duties, is unable to return to work, or is permanently affected by the injury.

If you sustained a shoulder injury in a workplace accident or during your employment, please get in touch with our workers’ compensation lawyers at the LaMarca Law Group, P.C. to learn about your legal options. Call our Des Moines office at 877-327-2600 today.



Trench collapse kills Colfax man

According to Des Moines Register, a 30-year-old man passed away after being trapped in a trench collapse on January 6 at a construction site in Altoona. The news release showed that the victim was under JRS Excavating and that the accident happened at around 8:15 a.m.

Altoona Police Sergeant Jason Ferguson said that they responded to a call at a site located north of the Fifth Avenue Northwest and Adventureland Drive intersection. They found the worker, who was part of a team involved in the digging of the trench and excavation work being done for a sewer pipe, buried after the walls of the trench collapsed.

Emergency responders spent hours working to rescue the worker, but were unable to do so as the tunnel they were attempting to dig in order to reach him repeatedly collapsed. Eventually the team recovered the man’s body at around 2:30 in the afternoon.

Jens Nissen, the administrator of Iowa’s Occupational Safety and Health Administration, stated that the objective now was to see whether the employer obeyed the construction and excavation laws. Citations will be given if violations are confirmed.



Worker dies after Buffalo quarry accident

The Quad-City Times reported that a worker at a cement company died after an accident at Continental Cement Co. on December 15. A Medic ambulance and the authorities from Buffalo Police and Fire Departments were called to the scene of the accident at around 3:00 p.m. when a man suffered head trauma after he was hit by a falling boom, reports stated.

According to a Buffalo officer, the man was doing contract work for the Lafarge company at the time of the accident. The boom malfunctioned while being lowered and fell, causing the man to be trapped under the heavy piece of machinery. Sergeant Alex Gries of the Buffalo PD said that the victim appeared to be in stable condition when responders arrived and was taken to a hospital.

Unfortunately, the worker sustained serious damage to his head, neck, and chest, and he died of his injuries after being transported to General East Hospital in Davenport.

The accident is being investigated by officials including the Mine Safety and Health Administration.



Types of workers’ compensation benefits in Iowa

Iowa employers are required to provide workers’ compensation benefits to their employees. The three types of workers’ compensation benefits are as follows:

  1. Medical Benefits – Any medical care that an employee requires as a result of a workplace injury will be paid for by the employer and insurance provider. The employer has the autonomy to choose the doctor. The employer and insurance provider must reimburse the employee for any travel expenses (fuel) associated with medical appointments.
  2. Permanency Benefits – An employee may receive permanent partial disability benefits after sustaining a permanent injury, and it is provided based on the degree of the disability and the earning capacity of the employee thereafter.
  3. Wage Replacement Benefits – Any wages that are lost as a result of your workplace injury will be paid for by your employer and insurance provider. This also makes up for wages that would be made otherwise if the employee must work fewer hours for a certain period of time after the injury.

If you are in the process of filing a workers’ compensation claim in Iowa, consult with our legal team at the LaMarca Law Group, P.C.. Don’t hesitate to call our Des Moines office at 877-327-2600.



The Basics of Filing a Workers’ Compensation Claim in Iowa

After a workplace-related accident, you should notify your employer within 90 days to make sure that you will get the benefits you need. The employer will then complete a report for the insurance provider. Employers in Iowa are required to provide insurance to cover all possible workers’ compensation claims. If they don’t provide coverage, they will be liable under Iowa law.

A smooth transaction is much more likely when employees properly follow procedures, comply with all requirements, and establish that the accident happened during employment. The benefits you will be eligible to receive may be medical benefits to cover the cost of care and recovery or disability benefits to replace the wage you are no longer able to earn due to your injury.

Any dispute in the transaction should be dealt with in the presence of a workers’ compensation commissioner. It is the employee’s duty to notify the commissioner if the benefits were unsatisfactory or if it was not provided at all. Failure to report any dispute may lead to the loss of benefits. Any other claims and issues should be brought to the commissioner within three years of the accident. If you feel that a ruling made by the commissioner is unjustified or unfair, you may appeal the decision to the Iowa court of appeals.

Above all else, a skilled workers’ compensation attorney can help you get the results you need when pursuing compensation from your employer’s insurer. If you are in the process of filing a workers’ compensation claim in Iowa, contact the attorneys of the LaMarca Law Group, P.C., by calling our office at 877-327-2600 today.



Worker injured in road collapse

According to news reports, a man was pinned underneath a trench while working on a construction site after an old road collapsed at Cedar Bend Street in Waterloo on October 8th. The man sustained non-life-threatening injuries.

Two men were working on a storm drain as part of the Iowa Flood Project when the collapse occurred. Waterloo Fire and Rescue Chief Mike Moore said that the men were lucky to be alive and that the previous trench collapse left a man dead. There was an excavator in the area and the trapped man’s coworkers were able to lift the concrete off of him. Moore mentioned that this could have been more harmful, but that it likely saved the worker’s life in this instance.

Occupational Safety and Health Administration told reporters that they investigate all cases in which workers are hospitalized. Reports show that the contracted company for the project, Ricklefs Construction, has no prior violations.

It is up to construction companies to ensure the safety of their workers at every stage of construction. When these businesses fail to do this, they should be held responsible for the injuries and damage their actions caused. If you have been injured in a construction accident, call the workers’ compensation attorneys of the LaMarca Law Group, P.C. at 877-327-2600 today.



When does one become eligible to file a workers’ comp claim?

According to legal editor Bethany Laurence, one may file a workers’ compensation claim as soon as the person injures themselves on the job or when the person begins to develop an illness that is work-related.

It becomes a disadvantage if a worker prolongs or delays the filing of the claim in the sense that the worker’s compensation insurance carrier may already deny the benefits. The delay may be taken as a warning signal by the insurance carrier, and may pose further complications such as the legitimacy of the injury being questioned.

The processing of the workers’ compensation claim includes the disclosure of your injury to your employer and the formal filing of the claim.

Filing a workers’ compensation claim is a tedious job especially if you are working and processing the claim simultaneously. It is always safe to seek legal help in order to fully exhaust all possibilities of compensation and legal rights. Speak with our lawyers at the LaMarca Law Group, P.C. and call our Des Moines office at 877-327-2600.



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