The Nomberg Law Firm

Thursday, August 29, 2019

HOLIDAY WEEKEND SURVIVAL TIPS & TRICKS

by Bernard D. Nomberg, Partner, The Nomberg Law Firm

people jumping off dock into a lake Labor Day Holiday Weekend is finally upon us. It’s the last hoorah of summer. The weekend signals a farewell to pool parties, trips to the lake and bathing in the sun. Over the upcoming weeks we will say hello to sweater weather, pumpkin spice and (hopefully!) cooler temperatures. So as you head into the long weekend, please keep in mind the potential for danger so you can avoid any delay to your fun.[1]

The National Highway Safety Administration (NHSA) marks Labor Day weekend as a time for increased vigilance for law enforcement officers on the roads.[2] While for some this may merely mean to tap the breaks on their lead foot, for everyone it warns of the potential for drunk drivers on the road and the accidents that could happen because of them. During the 2017 holiday weekend, 376 people died in accidents due to drunk drivers.[3] So as you and your loved ones pack into the car to travel, the NHSA has some helpful tips to keep safe on the roads.

Drinking and driving is never okay. Even after a single alcoholic beverage. Plan ahead for a designated sober driver for when the party ends.
No matter the source of impairment, the new slogan by the NHSA shows that driving high still gets a DUI. So again, make a plan and stick to your designated driver position.
If you or a passenger think another car on the road might be driven by an impaired driver, pull over and report the vehicle to 911.
If you notice someone else is attempting to leave in their own car while impaired, take action and make a plan for them to get home safely. You never know who might be saved down the road.

If your weekend involves activities around the water, like boating, make sure your children are properly supervised at all times. Even if a lifeguard is on duty, a second set of eyes on your little ones can make the difference.[4] Never let children who don’t know how to swim be near the water alone. A floatation device is no fool-proof method for avoiding disaster. But in case of disaster, learn how to perform CPR on both kids and adults. A good defense is the best offense when it comes to water safety.

Labor Day weekend is your last chance at summer activities as the year rushes on. Let it be a weekend of fun for you and your family by knowing the potential for hazards and planning to avoid them before it can pose a threat to your holiday.

If you find yourself or a loved one happen to be involved in an accident during this holiday weekend and need legal representation, please consider contacting The Nomberg Law Firm. We are located in Birmingham, Alabama. Office number is 205-930-6900. For further information, please visit our website: Nomberglaw.com.

[1] https://www.tesh.com/articles/protect-yourself-if-you-swim-in-a-lake-or-river/

[2] https://www.nhtsa.gov/drunk-driving/drive-sober-or-get-pulled-over

[3] Id.

[4] https://www.poolsafely.gov/parents/safety-tips/

Bernard D. Nomberg has been a lawyer for more than 20 years. Bernard has earned an AV rating from Martindale-Hubbell’s peer-review rating. In 2018, Bernard was named a Super Lawyer for the 6th year in a row and he was recognized as one of the Top 50 Lawyers in Alabama.

Photo credit: http://perrylocal.org/whipple/2016/08/08/bus-safety-for-the-2016-2017-school-year/

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/holiday-weekend-survival-tips-and-tricks/

Wednesday, August 21, 2019

A SAFER RIDE THIS YEAR

by Bernard D. Nomberg, Partner, The Nomberg Law Firm

bus safety custom graphic Back to school season is upon us once again. Backpacks are being filled with school supplies and new teacher orientations attended. With the new school year beginning, it’s important to prepare beyond the ordinary shopping list.

According to the Alabama State Department of Education, 49.1% of students take the bus to school each day.[1] To ensure the well-being of those students, the transportation department made safety improvements over the summer break to the buses shuttling kids back and forth each day.[2] Such protective measures included the installment of automatic brakes that engage when a bus driver gets too close to a car in front and driver assist when the bus is cruising on wet roads.[3]

Even with the added precautions taken by the department of transportation of adding safety features within the bus itself, the safety of the student in your home is still your responsibility. For those students that ride the bus, steps can be taken on your own to make the trip safer.

Arrive at the bus stop at least five minutes before the bus is scheduled to arrive.
When waiting at the bus stop, stay out of the road and keep your child from letting their play get out of hand.
Wait for the bus to stop completely before approaching the bus to board.
Instruct your child to remain seated on the bus and keep their arms and legs inside the windows at all times.
Convey the importance of not distracting the driver by shouting or playing to your bus rider.
Show your child the bus’s blind spot – which is anywhere within ten feet of the front of the bus – and instruct them not to walk within it.
Teach your child to only cross the street and designated crosswalks and to obey traffic signals and signs.
When walking home from the bus stop, tell your child to take the same route each day, never to use a short cut, and to avoid strangers by keeping their distance from anyone they don’t know.
Encourage them to make friends at their bus stop so they can walk home from the stop together each day.[4]

Getting to school should never be a source of injury or anxiety. By talking with your child about the potential dangers and the precautions they should take to keep safety within their control, you can be sure that the only worry you’ll have is relearning math to help your student finish their homework this year. For more information, please click here: http://bit.ly/2Nr8fpn

If you find yourself or a loved one having been injured from a bus incident, please consider contacting The Nomberg Law Firm. We are located in Birmingham, Alabama. Office number is 205-930-6900. For further information, please visit our website: Nomberglaw.com.

[1] https://www.alsde.edu/sec/pt/Pages/factsandstatistics-all.aspx?navtext=Facts%20%20and%20Statistics.#.

[2] https://www.wbrc.com/2019/04/30/improving-school-bus-safety-with-new-technologies/.

[3] Id.

[4] https://www.adt.com/resources/back-to-school-safety.

Photo credit: http://perrylocal.org/whipple/2016/08/08/bus-safety-for-the-2016-2017-school-year/

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/school-bus-safety/

Friday, August 9, 2019

LEASH IT OR LOSE IT

Saturday, July 27, 2019

PREDATOR VS. PREY: HOW KNOWING THE DIFFERENT TYPES OF WORKERS’ COMPENSATION BENEFITS CAN MAKE SURE YOU’RE NOT DROWNING IN DEBT

by Bernard D. Nomberg, Partner, The Nomberg Law Firm

Every year, the Discovery Channel brings a week long special to households across the country: Shark week. Each day features programming directed towards the magnificent predators of the ocean. Whether it is the Great White, Hammerhead, or Nurse shark, chances are you will be educated on all different types during Shark week.Like the various types of sharks that inhabit the ocean, there are various types of workers’ compensation benefits and knowing what you may be entitled to can save you money in the long run.

Medical care

If you are injured at work, there is a high probability that you are going to incur medical bills. Whether it be doctor visits, prescriptions, or even surgery, the costs add up. Workers’ compensation benefits can help cover the costs of medical care including the costs to identify and treat the condition or injury you may experience as a result of a workplace injury. Some benefits may even cover additional expenses such as counseling and pain therapy.

Other alternative forms of medical care such as acupuncture, aromatherapy, or energy healing may be recognized, but traditionally are not approved through workers’ compensation. If you are interested in alternative medicine, it is always best to check before incurring associated costs.

Disability

Unlike medical care costs which are designed to cover future expenses, disability is a way to cover lost expenses. Depending on the severity of the injury, you may be out of work for a prolonged period of time. Without work, it can be hard to pay the bills. With disability benefits, you can be compensated for lost wages while you are out of work. There are four different types of disability benefits you may be entitled:

Temporary total disability applies when you are out of work, but will be able to return. The period may be unknown, but it is likely that you will be back after recovering from the injury.

Temporary partial disability would be awarded where you are able to complete some of your work related tasks, but may be unable to perform your job to the fullest extent. Just like temporary total disability, the effects of the injury are short in duration and it is expected you will be able to return to your normal job once the injury is healed.

Permanent total disability is given where you are never going to be able to return to your job. You might be able to still work, but you are unable to work in the same or a similar position as you did before the injury and cannot earn wages similar to what you earned when you got hurt.
Permanent partial disability covers permanent injuries, but they may only partially affect your ability to work.

Rehab

Rehabilitation benefits generally cover the costs of physical therapy that may be needed to regain strength and coordination necessary to return back to work.

Death

Unfortunately, there may be an instance where a workplace incident results in death. In the unlikely event a loved one dies as a result, workers’ compensation may provide for funeral and burial expenses and will likely provide financial support where the deceased was a dependent source of income.

Mileage Reimbursement

One of the benefits an injured worker can receive in an Alabama workers’ compensation claim is reimbursement on mileage when they go to the doctor, pharmacy, physical therapist or hospital for prior approved care. Effective January 1, 2019, the mileage rate is 58 cents per mile.

This is just a general overview of some of the benefits you may receive when you are hurt at work. If you have questions about your work comp benefits, give us a call today.

Photo credit: Daniel Norwood, divephotoguide.com

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/predator-vs-prey-knowing-different-types-of-workers-compensation-benefits/

Wednesday, June 26, 2019

HOW QUICKLY CAN SOCIAL MEDIA GET STUDENTS IN TROUBLE?

by Bernard D. Nomberg, Partner, The Nomberg Law Firm

Social media dominates the lives of teenagers. Thumbs and foreheads is all you see with most of them! Today’s typical high schooler sees no limits or consequences on their perceived right to post or say what they want on social media. Without proper education (or attitude) this is creating more and more real world problems for them. As awareness of divisive and hateful social media posts continues to increase, the extent that the social media posts could lead to civil or criminal repercussions is gaining more attention.

On March 4th, Alabama high school students posted a racially contentious social media video that attracted national news attention. The video consisted of a group of suburban white students going back and forth talking in a very insulting manner about the Holocaust, Jewish people, African-Americans, and using the n-word multiple times. The incident has again prompted the discussion of whether the students face any form of punishment from their high school for this video. In addition, whether the students face any legal problems, either in a civil suit or criminal charges.

The video was made at a private residence and not part of any school function. So far the school has taken the position that although the conduct was not part of a school function, it still had a direct conflict with the school system’s values as well as repercussions to the student body. The school officials are still investigating the situation and looking at options under their Code of Student conduct. In the week after it was posted, this video had already been viewed more than two million times. Thousands of shares and comments followed. Additionally, at least one business may be impacted as well.

Right now, one of the highest priorities in education is eliminating discrimination and bullying. A school system can investigate imposing disciplinary actions against students if their actions rise to the level of hate speech or discrimination specifically directed against fellow classmates. The First Amendment right to free speech gives some protection to the students. The struggle between what is hate speech verses protected free speech is what makes this such a tough issue. Clearly schools and the public in general do not condone or desire to allow this behavior to stand without punishment. The question is whether the speech in social media posts are so directly linked to other students at the school to allow for school discipline, such as suspension or expulsion. If the video is substantially disruptive, threatening and harassing as to school’s teachers or other students then the school could seek to discipline the students. The students could challenge the action.

Legal actions throughout the country have ruled for schools in some instances upholding the discipline and others ruling for the students. At this point the United States Supreme Court has not ruled on the issue of off-campus speech and associated school discipline. More recently, in 2016, the US Supreme Court declined to hear the case of the former high school rapper, Taylor Bell, who was suspended for posting online a profanity-filled rap about two school coaches — despite splintered decisions from lower courts about students’ off-campus, online speech and the reach of school officials’ authority and discipline.

The action and conduct of the students could be deemed hate speech. Hate speech is speech which attacks a person or group based on attributes of race, religion, ethnic origin, national origin, sex, disability, sexual orientation, or gender identity. Criminal prosecution can also be instituted for threatening hate speech. Once again, the protections of free speech under the First Amendment are directly at issue. At best, the issue of whether the video could lead to prosecution is very much in doubt.

Although the video does not appear to target one specific individual, if someone is specifically harassed or attacked in a social media post the person so attacked could bring a civil claim for damages in a civil action for harassment or possible emotional distress.

Social media posts whether made in jest or with hateful intentions can lead to various consequences. A social media post has long standing ramifications. The more egregious the post the more likely that the students could face discipline. Education of young people (adults too!) is vitally important to show them the potential consequences of their actions. However, like anything else in life, until it becomes are issue for that teen, it may too late to correct their harmful actions.

Photo Credit: https://www.theplainsman.com/article/2019/02/auburn-city-schools-investigates-racist-photo-posted-by-student

Sources

News

https://www.nbcnews.com/news/us-news/alabama-high-school-students-filmed-using-racial-slurs-n979146

Video

Video2

https://nypost.com/2019/03/05/video-shows-alabama-high-school-students-using-n-word-anti-semitic-slurs/

Investigating

https://www.cbsnews.com/news/alabama-students-use-racial-slurs-in-viral-video-2019-03-05/

Conduct

https://www.cbsnews.com/news/alabama-students-use-racial-slurs-in-viral-video-2019-03-05/

Business

https://www.al.com/news/2019/03/protest-held-at-hoover-dealership-following-racist-video.html

Legal Action

https://theconversation.com/can-schools-punish-students-for-off-campus-online-speech-52466

Taylor Bell

Supreme Court denies review of Taylor Bell case on student off-campus, online speech

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/how-quickly-can-social-media-get-students-in-trouble/

EASTER BUNNY GETS IN FIGHT- ANY WORKERS’ COMPENSATION COVERAGE?

by Bernard D. Nomberg, Partner, The Nomberg Law Firm

One of the most watched videos the last few days has been a video of the Easter Bunny getting in a fight outside a night club in Orlando. The details of the fight still remain a mystery. But, if the Easter Bunny was hurt in the fight, can he recover medicals or other benefits under workers’ compensation?[1] This depends on several factors, specifically if he was injured while working in the line and scope of his employment and whether the violence was related to the employment.

Assuming the Easter Bunny was rightfully employed, there are a few options he could have for recovery while suffering injuries on the job. Whether he can recover differs between fights involving co-employees and fights involving bystanders, while continuing to look at if the employee was on the job at the time of the assault. The bottom line is that in order to recover benefits through workers’ compensation, the Easter Bunny must have been employed and working in the scope of his employment at the time of the fight and been injured.

For recovery, you must be attacked and injured while you are working on the job and the violence must be related to your employment or job duties. However, even if you were considered to be off the clock, but performing duties at the request or on behalf of your employer, you could still be covered.

Keep in mind that workers’ comp usually does not cover employees who are injured while commuting “door to door” and to and from work. However, these situations are fact specific and depend on each individual case. For example, you could be attacked in your parking lot walking into work, and if your employer is responsible for the parking lot security, they could potentially still be liable. Or, if you are required to park in a specific parking lot and are injured walking into work or while leaving you may have a right to workers’ compensation benefits.

For our other blogs on workplace violence, please visit:

WORKERS’ COMPENSATION BENEFITS IN THE WAKE OF TRAGEDY

WORKPLACE VIOLENCE: IS IT COVERED BY WORKERS’ COMPENSATION?

We are unsure of whether the Easter Bunny was “on the clock” at the time of the alleged assault, but assuming he was on the clock, working in an area specified by his employer, the fight was not due to a personal issue and performing duties related to his employment, he likely is entitled to workers’ compensation benefits like medical treatment. There is no information as to how the fight broke out among the bystanders, but the Easter Bunny appeared to be trying to break up the fight, which could be reasonably foreseeable based on his job duties.

Alternatively, if the Easter Bunny was the first to strike, as the aggressor, this could potentially bar coverage, even if he was on the job at the time of the assault. Coverage could also be barred if two co-workers bring an issue into the workplace which is going on outside the workplace, which is completely unrelated to employment and causes violence.

If you are assaulted on the job, one of the first things to do is to contact the police and file a criminal complaint against your attacker. In order to maximize recovery available, you need to file the complaint and document your injuries. Notify your employer and request workers’ compensation benefits and medical treatment.

Keep in mind that workers’ compensation is not the only remedy for an injured employee. The injured employee could also bring a third party claim against the person who assaulted them.

If you have been injured at work or have questions about workers’ compensation benefits, please call the experienced workers’ compensation lawyers at the Nomberg Law Firm: 205-930-6900.

[1] This incident depicted in the video was not the real Easter Bunny but rather some kids who bought the costume to wear around town while barhopping.

photo credit: Bad Bunny/Instagram

ABC

Huff Post

Orlando Weekly

from The Nomberg Law Firm – Birmingham Workers' Compensation & Personal Injury Lawyers https://www.nomberglaw.com/blog/easter-bunny-gets-in-fight-any-workers-compensation-coverage/

Thursday, April 25, 2019

EASTER BUNNY GETS IN FIGHT- ANY WORKERS’ COMPENSATION COVERAGE?

by Bernard D. Nomberg, Partner, The Nomberg Law Firm One of the most watched videos the last few days has been a video of the Easter Bunny getting in a fight outside a night club in Orlando. The details of the fight still remain a mystery. But, if the Easter Bunny was hurt in the fight, […]

from The Nomberg Law Firm https://www.nomberglaw.com/easter-bunny-gets-in-fight-any-workers-compensation-coverage/