Intoxication, Work, And Workers’ Compensation Don’t Mix

Most of us know that, for both professional reasons and in the interest of safety, remaining sober while on the job is essential. However, it is important to also recognize that workers who are intoxicated at the time that they sustain a work injury stand a far lower chance of ever collecting workers’ compensation.

If the blood test shows the presence of alcohol or drugs, odds that the employee will be able to collect workers’ compensation are much lower.

This is because of the intoxication defense: if an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury.

Now, there are some notable Continue reading »


Work Comp Disability Payments: Getting The Full Amount You Deserve

Computation for your TTD benefits should reflect not only your basic salary but also overtime, tips, incentives, hazard pay, and other payments that you would typically receive each week.

Today’s post is from my colleague Brody Ockander of Nebraska. Note that Iowa law is slightly different from Nebraska law. Iowa law entitles an injured worker to approximately 80% of take-home pay (instead of 2/3 in Nebraska) for the time off work because of a work injury. That rate is based on an average of wages for the 13 weeks (instead of 26 weeks in Nebraska) before injury.

In Nebraska, workers’ compensation law entitles you to 2/3 of your average wages when you are off work because of an injury. This average is based on your wages the 26 weeks before you were injured. This is known as temporary total disability (TTD).

How TTD Works:

If you are an injured at work, you are entitled to TTD so long as you are under a doctor’s care, that doctor has you on work restrictions preventing you from working, and your doctor has not placed you at maximum healing for your injury.

While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to.

Improper ways your Employer “miscalculates” your average wages to pay you less:

  1. Including weeks you worked Continue reading »