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.

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.

Senator asks about OSHA’s steps in ensuring temporary workers’ safety

Sen. Robert Casey (D-PA) wrote a letter to Occupational Health and Safety Administration (OSHA) director David Michaels inquiring about the agency’s efforts in ensuring the safety of temporary workers, a report by stated on Thursday, July 10.

Casey wrote that he was concerned about a sugar plant accident in Pennsylvania that led to the death of a temporary worker after he was suffocated by a bank of sugar. OSHA initially fined the plant $25,855, but later cut that amount down to $18,098. The fine was reduced in spite of the plant’s failure to conduct training among temporary workers, and on its removal of a safety device that could have prevented the incident.

Each year, many temporary workers suffer from workplace accidents like this due to the employer’s failure to provide a safe, hazard-free working environment. If you have been injured while at work, a Des Moines workers’ comp lawyer at LaMarca Law Group, P.C., might be able to help you seek the compensation you need. Call us at 877-327-2600 to learn more about filing a workers’ compensation claim.

OSHA releases its online workplace safety game

Hazard identification in manufacturing and construction sites is the focus of an online safety game recently released by the Occupational Safety and Health Administration, according to a report in Equipment World on Friday, June 20.

The game is comprised of key components in identifying workplace hazards, namely information gathering, workplace observation, incident investigation, employee involvement, and hazard prioritization. During the game, the player has the option to play the role of either an employee or an employer, and may also choose between the construction and the manufacturing sectors. The game also allows the player to come up with viable solutions to abate workplace hazards.

With a team of 14 attorneys and 23 supporting staff members, LaMarca Law Group, P.C., has been successful in helping injured workers in Des Moines secure the workers’ compensation benefits they need, and might also be able to help you. Call us at 877-327-2600 to learn more about what we can offer.

The dangers of working in the construction industry

To work in the construction industry, one must be careful and professional.The following is a brief breakdown of the steps that should be taken to prevent injury on a construction site:

  • First of all, within the vicinity of the construction site, a considerable number of potential safety hazards exist, and workers are exposed to heights, harmful substances, and heavy equipment. Exercising appropriate caution at all times within the worksite is essential.
  • Second, moving around a construction site is a challenge in itself, for every step has the potential to result in injuries if care is not properly exercised. Making certain that the construction company provides its workers with appropriate safety gear, including work boots, is essential.
  • Finally, working around a construction site requires a considerable deal of skill and experience on the part of workers, as they need to be able to know what they’re doing in order to get the job done and avoid injuries. Lack of proper training can pose serious injury risks.

The dangers that usually accompany construction jobs include falls, burns, explosions due to highly flammable objects being tampered with, electrocution, asbestos exposure, and many others. In addition, over time, chronic diseases and conditions which affect the neuromuscular system can also result in serious injuries.

At LaMarca Law Group, P.C., we are committed to helping construction workers who have suffered an injury as a result of their work to get the financial assistance they need.

Iowa State Budget Leaves Question Mark for Workers’ Compensation

When Iowa Gov. Terry Branstad released his state budget proposal last month, he was not entirely clear on one key issue. That issue was workers’ compensation for nearly 20,000 union represented state workers.

Unfortunately, for union workers, this issue may not be resolved so easily. Despite the fact that there is extra money in the budget, Branstad wants to “win concessions from public sector workers.” In other words, Branstad wants these workers to pay a portion of their health control costs.

Union president Danny Homan, of Iowa Council 61 of the American Federation of State, County and Municipal Employees, believes Branstad’s actions are an attempt to weaken the union.

Iowa begins the fiscal year on July 1 with a budget surplus of almost $1 billion, $400 million of which Branstad wants to spend on tax cuts over five years.

“We’re only one of six states in the nation paying zero [for health care costs],” Branstad said. “What we’re asking is that state employees pay their fair share.”

If you have been injured and are in need of workers’ compensation benefits to pay for medical bills and other expenses, you need an attorney on your side helping. To learn more, contact LaMarca Law Group, P.C., today by calling 877-327-2600.

Man Saved by Co-worker from Falling into 300 Degree Vat of Chemicals

Early last month, a man almost fell to his death into a tank filled with 300 degree chemicals, but was saved by a coworker who grabbed him just in time.

Initial reports said that the man was pulled to safety by a coworker after breaking his fall into the boiling liquid. 

The two employees of Barrett Plating Inc. at 2100 Northeast 60th Ave., were trying to recover metal debris inside a 5 foot deep tank by climbing on a tower steel structure when the accident occurred. 

A team from the Des Moines Hazmat was immediate notified to help decontaminate the area. The victim was immediately taken to the hospital for further treatment. 

Workplace accidents can occur in a variety of ways, and the results are often devastating. If you have been injured in a work-related accident, you may be eligible for workers’ compensation benefits to help you cover your various accident-related losses. To learn more about pursuing workers’ comp benefits, contact the workers’ compensation lawyers of LaMarca Law Group, P.C., today by calling 877-327-2600. 




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