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A brief history of workers' compensation

Posted on August 26th, 2009 No Comments

Unlike many of the social programs to protect workers that were enacted following the Great Depression, the first workers' compensation laws were adopted in most states between 1911 and 1920.

Although many of the original workers' compensation laws look different from today's laws, they both are based on the premise that workers who are injured on the job should be compensated for medical payments and any lost income. In many cases, workers could collect about two-thirds of their normal income.

Before workers' compensation laws were adopted, workers injured in the workplace could sue the employer on the basis of negligence liability. However, many of these cases were ruled in favor of the employer.

If you believe you deserve workers' compensation, contact the Iowa workers' compensation lawyers of LaMarca & Landry at 877-327-2600.

The basics of the Workers' Compensation Appeals Board

Posted on August 26th, 2009 No Comments

In many workers' compensation cases that are appealed, the case is first reviewed by the Workers' Compensation Appeals Board (WCAB). The WCAB is a seven-member judical body appointed by the governor and approved by the state sneate.

The WCAB mainly reconsiders petitions for appeal and regulates the process of adopting rules and procedures for workers' compensation cases. Its powers are vested by the labor code and it oversees the judges of the Division of Workers' Compensation.

If you or anyone you know has questions about the WCAB, contact the Des Moines workers' compensation lawyers of LaMarca & Landry at 877-327-2600.

The basics of eye injuries in the workplace

Posted on August 18th, 2009 No Comments

Hundreds of eye injuries occur in the workplace everyday. Many of these injuries are caused by small, flying objects striking the eye. 

Common objects include cement chips, wood chips, dust particles, and other small particles that can strike the eye. In many cases, these eye injuries must be treated in the hospital. 

A second type of eye injuries include those caused by the splashing of industrial chemicals, cleaning products, or other chemical solutions. In industries where such chemicals are commonly present, employees should wear protective eyewear and take other necessary precautions. 

If you or anyone you know has been treated for an eye injury related to a workplace activity, contact the Iowa workplace injury lawyers of LaMarca & Landry at 877-327-2600.

The basics of wrongful termination

Posted on August 18th, 2009 No Comments

When many employees lose their jobs, they feel like they have been wrongfully terminated. However, wrongful termination only applies to a set of circumstances in which the employer has violated an actual federal or state statute regulating employment and firing. 

Because of the employment at will doctrine, which says that private employers can fire employees for any reason unless they break a specific law, employers generally do not have to provide a justification for firing an employee. Determining whether someone has been wrongfully terminated can be difficult for many employees. 

If you or anyone you know is curious whether you have been wrongfull terminated, contact the Des Moines workers' compensation lawyers of LaMarca & Landry, P.C., at 877-327-2600.

Titan Tire employee injured at industrial plant

Posted on August 12th, 2009 1 Comment

A 20-year-old Titan Tire employee was seriously injured in an industrial plant accident in Des Moines Aug. 4. Christian Alvarez, an operator in the millroom, was in serious condition after the accident. 

A police report said Alvarez apparently became stuck in a machine and suffered head and neck injuries before firemen could pull him out. A Union Steel Workers' spokesperson said Alvarez worked on a machine that winds up fabric used in tire liners. 

If you or anyone you know has been hurt in a work-related injury, contact the Des Moines workplace accident attorneys of LaMarca & Landry at 877-327-2600.

Des Moines schools incur large settlement losses

Posted on August 11th, 2009 No Comments

Des Moines school district offices paid more than $200,000 for lawsuit settlements in the past fiscal year. The settlements represent part of the damages owed from seven lawsuit settlements dating back to December 2006. 

Among those settlements, the school district paid $60,000 to a former custodian, $75,000 to a former food and nutrition department director, and $104,000 to a former school bus driver. School officials said they could not discuss details of the settlements, as dictated by the settlement agreements. 

If you are considering filing a lawsuit with your employer, contact the Des Moines workers' compensation lawyers of LaMarca & Landry at 877-327-2600.

Status of workers' compensation at a bankrupt company

Posted on August 5th, 2009 1 Comment

Many employees at struggling companies fear that their workers' compensation benefits may be in jeopardy. For instance, if a company files for bankruptcy, some employees believe they will stop receiving workers' compensation payments for their previous job-related injuries. 

That belief, howerver, may be slightly misguided. For most companies, employee workers' compensation payments actually come from the company's compensation insurance provider. As long as the company has kept up with its insurance premium payments, then the workers' compensation payments should continue at their normal amount. And even if a company has allowed its workers' compensation insurance to lapse, employees may still be able to seek benefits.

If you are worried about your workers' compensation payments, contact the Iowa workers' compensation lawyers of LaMarca & Landry, P.C. at 877-327-2600.

What defines a work-related injury?

Posted on August 3rd, 2009 No Comments

Although an employee may not be in the office or performing a function that normally relates to his job, that employee could still receive compensation for injury under Iowa lawunder certain circumstances.

According to a 1944 Iowa Supreme Court ruling, if the activities that led to the injury benefited the employer, or were for the mutual benefit of the employer and worker, these injuries should be treated as work-related. 

For instance, Robert Powell of Cedar Rapids hurt his back while bowling as part of a company program to boost worker morale. Because the activity was considered work-related, his employer paid more than $100,000 in workers' compensation benefits. 

These special circumstances of work-related injuries do not apply to all cases. If you have been injured in a work-related activity, contact the Iowa workers' compensation lawers of LaMarca & Landry, P.C at 877-327-2600.

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