There are at least two big decisions to make when you get hurt on the job:
Truck drivers are by and large loyal working men and women. You work very hard to avoid letting your company down by delivering freight on time and keeping the customers happy. When you get hurt, you tend to tough it out before reporting the injury because you don't want the company to think you are soft or slacking off. Generally, when a trucker is injured on the job, loyalty is not a two-way street.
"If I am off work, will I get paid? And if so, how much?"
An FCE is a Functional Capacity Evaluation. It is sort of a physical fitness test. We see a majority of clients undergoing FCE's toward the end of the treatment cycle in a workers' compensation case. An FCE can also be used to help identify changes to employee workload, or modifications to working conditions such as ergonomic measures, that the employer may be able to undertake in an effort to accommodate an employee with a disability or medical condition. Common measurements of lifting power, push and pull power, how long you can stand or walk, flexibility and reaching, grasping and holding, bending, and balance are taken.
If you do not completely understand workers' compensation law, you need someone who does. Someone who is not afraid of doing what is necessary to obtain justice, even if it means going to court. The lawyers at Brock Law Offices routinely try cases in the Nebraska Workers' Compensation Court, and you can benefit from that experience.
You may have recently received a brochure from us and if you have secured other, competent counsel, we wish you nothing less than the best. Work with your lawyer to get the best result that you can. If you were offended by getting a brochure from a lawyer, let me be the first to apologize. But, I am not going to stop mailing my brochures to injured truckers. Here's why.
There are instances in which you may have a viable workers' compensation claim, but not realize it because, on its face, the injury doesn't appear to be work-related. Of course, Nebraska Workers' Compensation law requires that an injury must "arise out of" and "in the course" of employment in order to be compensable.
All workers' compensation claims are subject to a specific time limit on the filing of a lawsuit. This statute of limitations (SOL), which varies state by state, is to ensure cases are filed in a timely manner. If the SOL expires, no matter how legitimate the claim, it can be barred from ever being heard by the court.
A loading dock is a chaotic, dangerous place. On a typical work shift, dozens of semi-trucks come and go, various kinds of material-handling equipment move freight across the floor, and large numbers of employees work in and around the dock. To stay safe, you have to be acutely aware of your own actions, as well as the actions of others. Even then, you may be injured. You can fall off the dock, be run over by a truck, be pinned or crushed between a truck and the loading dock, or injure yourself while loading or unloading materials. Loading dock injuries run the gamut, from sprains and fractures, to amputations and crushing's to death.
You may be eligible for Workers' Compensation Benefits even as an employee of a temporary staffing agency.