Chicago Workers Compensation Lawyer Blog

A former B & J employee is suing B&J Food Service Equipment for letting her go after she applied for Illinois work injury benefits. Debra S. Frakes says she was let go on June 12. She claims that her termination caused her to lose wages and benefits, as well as experience suffering, pain, mental anguish, humiliation, and loss of enjoyment of life.

She is seeking over $50,000 in compensatory damages and punitive damages.

Illinois Workers’ Compensation
You cannot get fired for submitting an Illinois workers’ compensation claim for injury benefits. Unfortunately, some injured workers don’t realize this and may suffer in silence while paying the financial and emotional costs.

You should file your workers’ compensation claim immediately so that you can start getting your benefits. This should alleviate some of the financial pressure that can build up from medical expenses, rehabilitation, time off from work, and other related costs.

You work hard and you shouldn’t have to suffer financially because an injury occurred while you were doing your job. According to some studies, workers’ compensation claimants who seek out their benefits without legal help are more likely to get less than employees that hired a Chicago, Illinois workers’ compensation law firm.

Remember, you cannot sue your employer for personal injury, and the law entitles you to compensation for your work injuries. There is no reason why you cannot make sure you are given the maximum compensation that you are owed.

Work comp claim prompted firing, woman says, The Record, March 5, 2010

Related Web Resources:
Illinois Workers' Compensation Forum

Workers' Compensation, Nolo

One month after a catastrophic blast at the Kleen Energy Plant injured 17 workers and killed 6 other employees, 16 of the injured workers and the widow of one of the workers that died have filed their workers’ compensation claims for benefits. The deadly explosion happened at midday on February 8, causing damage to the plant, as well as to several nearby homes. Investigators believe that natural gas had pooled outside the power building and exploded.

Because the pipes going to the large turbines were being purged, natural gas was pumping through the lines at a high pressure. Investigators want to know why the workers that weren’t involved in the purging were in the building when, per industry guidelines, they should have been evacuated.

Among the workers who were injured were four Keystone Construction employees, a Securitas security guard, two Ducci Electric of Torrington employees, and 10 United/Anco Services carpenters. One Keystone worker, 59-year-old Charles Sposito, says he injured his knee and shoulder and sustained a concussion. Sposito was thrown against a wall as a natural gas pipe exploded. Another Keystone employee, 37-year-old Anthony J. Laudano, says he injured his back during the blast and has suffered from post-traumatic stress disorder as a result of the work accident. Many of the carpenters, sustained ear, eye, and head injuries.

Chicago, Illinois Workers’ Compensation
It is important that you file your work injury claim for benefits as soon as you can. This will increase the chances that you get your Illinois workers’ compensation sooner rather than later. Unfortunately, many injured Illinois workers don’t file their claims or agree to get paid far less than what they are entitled to receive.

Injured Workers, Widow File Compensation Claims In Kleen Energy Plant Explosion, Courant.com, March 5, 2010

Kleen Energy Connecticut Power Plant Blast Kills 5, Injures 12, Business Week/Bloomberg, February 7, 2010

Related Web Resource:
Illinois Workers' Compensation Act (PDF)

Continue reading "16 Workers and the Widow of One of the Six Employees Killed in Kleen Energy Plant Blast File Their Workers’ Compensation Claims " »

A tragic Chicago, Illinois industrial accident has claimed the life of utility worker Michael Gryga. The 39-year-old Peoples Gas employee was testing equipment underground in the Loop on Wednesday afternoon when he and another worker were hit by a pressurized pipe.

One bystander, Kevin Spillers, was walking above ground when he saw dust floating out of the hole. He jumped in and helped remove sand from Gryga’s mouth and face to help him breathe.

Gryga, who sustained multiple injuries, died. The other worker was also critically injured.

Industrial Accidents
Over 1,00 workers die in the US each year because of industrial accident injuries. Common causes of industrial accidents:

• Gas exposure
• Falling objects
• Explosions
• Machinery defects
• Dangerous equipment
• Lack of the proper safety equipment

It doesn’t matter whether your Chicago, Illinois industrial accident was caused by someone’s negligence or carelessness. If you are employed, your employer will likely owe you and your family work injury benefits.

Chicago, Illinois Workers’ Compensation
Our Chicago, Illinois workers’ compensation lawyers cannot stress how important it is that an injured worker or his/her surviving family members file their work injury or death benefits immediately. You may even want to retain a Chicago work injury attorney to make sure that your employer’s insurer gives you everything you are owed without delay.

Utility worker killed in loop underground accident, ABC7 News, March 3, 2010

Frankfort man killed in Peoples Gas mishap downtown, Chicago Sun-Times, March 4, 2010

Related Web Resources:
Illinois Workers' Compensation Commission

US Department of Laborhttp://www.malmanlaw.com/lawyer-attorney-1199757.html

Continue reading "Utility Worker Dies in Chicago, Illinois Industrial Accident" »

Richard Curtis is suing Norfolk Southern Railway Company for the repetitive traumas he suffered because of his former job as a railroad employee. Curtis claims that he got hurt while working for the railroad company from 2004 until 2010 and, as a result, he sustained permanent and severe injuries to his body, hands, and wrists, as well as experienced great mental agony and physical pain. He also contends that he lost income, incurred medical expenses, and saw a decrease in his earning capacity.

Curtis says the railroad was negligent because it failed to:

• Provide adequate supervision
• Give him the proper tools and protective equipment
• Warn him about possibly dangerous conditions
• Implement safer working standards
• Provide a safe work environment

Curtis says that the railroad company gave him tasks that it knew went beyond his physical abilities. He is seeking over $50,000 plus costs.

Repetitive trauma can be extremely painful and lead to permanent, disabling, and debilitating injuries. Although these injuries may not happen immediately, they can render a railroad worker unable to do his/her job, which can result in lost earning capacity, income loss, and loss of benefits.

You can sue a railroad company for your railroad worker injuries. Common Illinois railroad worker injuries include:

• Brain injuries
• Head injuries
• Shoulder injuries
• Neck injuries
• Back injuries
• Carpal tunnel syndrome

Former Norfolk Southern employee claims repetitive trauma, Madison Record, February 25, 2010

Related Web Resource:
Repetitive Motion Disorders, NIH.gov

Continue reading "Former Norfolk Southern Railroad Employee Files Illinois Railroad Worker Lawsuit Over Repetitive Traumas " »

The cop that fatally shot Travis the chimp after he tore off the hands and face of Charla Nash last year says he was denied workers’ compensation for his post-traumatic stress because the assailant was an animal. The city later consented to pay for some of Officer Frank Chiafari’s medical bills, but he says that he continues to remain traumatized over the incident and suffers from terrible visions and anxiety.

Nash was brutally attacked by the 200-pound animal in February 2009. She nearly died and remains severely disfigured and nearly died. She lost her nose, eyes, and jaws and wears a vail so that people don’t get scared when they see her. In addition to her traumatic facial injuries, Nash lost both hands.

At a Labor and Public Employees Committee meeting last week, Chiafari recounted how the chimp nearly attacked him. The police officer was testifying in favor a bill that would let police officer receive workers compensation for post-traumatic stress caused by shooting an animal on the attack. Under the proposed legislation, the police officer can use deadly force against the animal if he/she reasonably believed that the threat of physical injury or death was imminent.

Chicago, Illinois Workers’ Compensation
If you are a Chicago cop, you are entitled to Illinois workers’ compensation in the event that you are injured on the job. If your Chicago work injury claim was delayed or denied, do not hesitate to contact the Law Offices of Steven J. Malman & Associates, PC immediately.

Cop who shot marauding chimp says workers' comp law a 'farce', Theday.com, February 26, 2010

Charla Nash, Chimp Attack Victim, Shows Face On "Oprah" (PHOTOS), The Huffington Post, November 11, 2010

Related Web Resources:
Chicago Police Department

National Law Enforcement Officers Memorial Fund

Continue reading "Cop Says He Was Denied Workers’ Compensation Claim For Post-Traumatic Stress After He Shot Chimpanzee that Attacked Woman" »

A SeaWorld trainer died on Wednesday after a killer whale attacked her. The tragic work accident happened at SeaWorld’s Shamu Stadium in Orlando, Florida.

Dawn Brancheau, 40, was in the whale holding area lecturing hundreds of visitors about the display, when, according to one witness, Tillikum the whale approached the side of the tank, jumped up, and grabbed her by the waist.

Paula Gillespie, who was at the Dine with Shamu show with her daughter, told CNN that the killer whale pulled the trainer into the tank where she struggled during the attack. Another woman that also saw the show said the trainers were having a hard time getting the whales to perform.

People for the Ethical Treatment of Animals claims that the tragic work accident could have been prevented if only SeaWorld didn’t keep oceangoing mammals confined in spaces that are the “size of a bathtub.” The group says that considering that such smart animals are repeatedly called on to “perform silly tricks,” it is no wonder that they might lash out.

Brancheau died from drowning and multiple traumatic injuries. Her death isn’t the first accident involving a killer whale at SeaWorld. A trainer was hospitalized in 2006 after a whale grabbed him and held him under. In 1999, a 27-year-old man who climbed into the tank after the park had closed died in what was called “horseplay” involving Tillikum.

Chicago, Illinois Workers’ Compensation Benefits
If your loved one died in a Chicago work accident, you may be entitled to Illinois workers’ compensation death benefits. It is important that you file your claim right away.

SeaWorld trainer killed by killer whale, CNN, February 24, 2010

Autopsy says SeaWorld trainer died of drowning, traumatic injuries, USA Today, February 25, 2010

Related Web Resources:
SeaWorld

Killer Whales, National Geographic

Continue reading "SeaWorld Trainer Dies in Fatal Killer Whale Attack" »

A state appeals court is ordering Wal-Mart stores Inc. to pay workers’ compensation benefits to a worker who was injured when he was exposed to carbon monoxide while on the job. Donald Greg Wells sustained his injuries in 2005 while in a freezer at a Wal-Mart distribution center.

Wells says that the carbon monoxide came from welding machinery and generators that were being used to renovate the freezer, which was nonventilated. Following the work accident, he filed a workers’ compensation claim to obtain work injury benefits from his employer and sued the two contractors involved in the renovation.

Wells received a $900,000 award from his third party claim. It was at this point that Wal-Mart contended that Wells should only recover from either the civil case or the workers’ compensation claim.

The state’s Workers’ Compensation Board and an administrative law judge disagreed with Wal-Mart. The judge awarded Wells almost $441,000 in medical costs and income. The appellate court agreed with the judge’s ruling and said because Wal-Mart should receive a $126,811 subrogation credit, the company should pay wells approximately $317,000.

Carbon Monoxide Exposure
Exposure to CO, a colorless, odorless, and toxic gas can kill you. A person may not even realize the gas has infiltrated the air before the damage is done. Exposure to lower levels of CO can cause flu-like symptoms, such as dizziness, headaches, nausea, disorientation, and fatigue.

Chicago, Illinois Workers’ Compensation
If you were injured at work, you are likely entitled to Chicago, Illinois workers’ compensation benefits. This does not preclude you from filing a third party lawsuit against any other negligent party that is not your employer.

Kentucky court upholds workers comp for Wal-Mart employee, Business Insurance, February 22, 2010

Carbon Monoxide, US Environmental Protection Agency

Related Web Resources:
US Department of Labor

Wal-Mart

Every year, per American Family Physician, hundreds of thousands of workers become afflicted with occupational diseases. Tens of thousands of these workers will die as a result. It is important that you make sure that you receive all your work illness benefits that you are owed. Our Chicago, Illinois workers’ compensation lawyers can help you explore your legal options.

Unfortunately, diagnosing occupational illnesses sometimes take awhile. A worker may not want to link his/her affliction to work for fear of not being able to make a living. Also, it can take years for some illnesses' symptoms to fully manifest.

Examples of some health conditions linked to occupational exposure:

• Carpal tunnel syndrome
• Asthma
• Chronic encephalopathy
• Cervical strain
• Interstitial fibrosis
• Hearing loss
• Infections that are transmitted orally or fecally
• Lung cancer
• Contact dermatitis
• Spontaneous abortion
• Birth defects
• Liver cancer
• Coronary disease
• Upper air irritation

The kind of occupational disease a worker can suffer from will, of course, depend on the conditions and environment the worker is exposed to on the job.

You would be surprised at the kind of occupations that can lead to occupational injuries and illnesses. For example:

• Computer work
• Letter sorting
• Mining
• Baking
• Plating
• Farming
• Teaching
• Health care work
• Prison work
• Animal care
• Construction
• Forestry

Unfortunately, problems can arise when availing of your work injury benefits. This is where an experienced Chicago, Illinois workers’ compensation lawyer can step in.

Recognizing Occupational Disease -- Taking an Effective Occupational History, American Family Physician

Related Web Resources:
Occupational Safety and Health Administration

Illinois Workers' Compensation Act

Illinois Central Railroad Co. and Chicago, Central and Pacific Railroad have been ordered by OSHA to pay a former employee over $80,000 in compensatory damages, back wages, and attorney’s fees for wrongful termination. The former railroad worker was fired after he sustained injuries on the job.

Employers cannot fire a worker for reporting work-related injuries and illnesses. Under the Federal Railroad Safety Act, there are whistle-blower provisions that protects employees when they report violations dealing with railroad security/safety or federal law. Also, under the Federal Employers Liability Act, employees injured in railroad worker accidents can seek compensation for their medical and rehabilitation costs, lost wages, and pain and suffering.

There are built-in dangers to taking on a career as a railroad worker. Unlike other employees (most are covered for work-related injuries, illnesses, and deaths under the Illinois Workers’ Compensation Act), injured or sick railroad employees can file a lawsuit whose outcome is based on comparative negligence.

It is important that you work with an experienced Chicago, Illinois railroad worker accident attorney who can help you with your case. The recovery that you obtain from your FELA lawsuit will help alleviate some of your financial burdens so you can focus on your recovery.

Some examples of railroad worker injuries:

• Ballast injuries
• Slip and fall injuries
• Repetitive motion injuries
• Carpal tunnel syndrome
• Tendonitis
• Osteoarthritis
• Bursitis
• Exposure to hazardous chemicals
• Asbestosis
• Mesothelioma
• Back injuries

Former Railroad Employee Awarded Over $80,000 in Back Pay, The Epoch Times, February 19, 2010

Related Web Resources:
Illinois Central Railroad On-Line

Federal Railroad Safety Act

A construction worker was involved in an electrocution accident last week when the boom of the crane he was operating struck a high voltage power line. The worker, Moises Rios, was treated at the construction accident site before being rushed to the hospital.

Crane Accidents
Crane-related accidents continue to be one of the more common causes of construction injuries. In many cases, a crane making contact with a power line can result in death. This is why it is so important that safety measures are followed to prevent such a dangerous work accident from happening. If a construction worker is lucky enough to survive such a powerful electrical jolt, he or she may have to contend with cardiovascular injuries, skin damage, respiratory damage, electrical burns, head injuries, spinal injuries, neurological injuries, and musculoskeletal injuries.

Electrocution accidents are not the only type of crane accident that can cause injuries to crane workers. Rigging malfunctions, collapsed booms, fall accidents, falling loads, and cranes that tip over can injure construction workers and others who may be in the area.

Hundreds of construction workers die every year because of crane accidents. For many survivors of crane accidents, their injuries may be so severe that they can never work again.

Chicago, Illinois Construction Accidents
If you or your loved one got hurt in a Chicago construction accident, you should file your Chicago, Illinois workers’ compensation claim right away. You have enough to contend with already during this challenging time without having to worry about medical bills and lost wages. Also, with so many parties involved in a construction project, there may be others that you should sue for your Illinois personal injuries.

Man electrocuted at construction site, stable, Alamogordo Daily News, February 9, 2010

Related Web Resources:
Electrical Injuries, emedicine, October 7, 2009

New Mexico worker electrocuted when crane boom hit power line, Justice News Flash, February 10, 2010

Related Web Resources:
Construction Accident News, New York Times

Construction Safety, Centers for Disease Control and Prevention

Kevin L. Darling is suing BNSF Railway Company for his railroad worker injuries. A railroad conductor since 1988, his job for BNSF included operating locomotives and railroad equipment. Now, he claims these duties caused him to develop shoulder injuries.

Darling says he had to undergo humeral head replacement surgery. He also says he experienced mental anguish, emotional injury, and psychological trauma as a result, as well as lost wages and incurred medical expenses.

Darling claims that the railroad company engaged in a number of negligent acts, including the following failures: not creating safe working conditions or a safe work environment, not providing the proper equipment and work methods, not taking action to reduce the cumulative trauma that Darling’s shoulder experienced, and neglecting monitor and inspect the cumulative trauma required to perform his job. Darling says that BNSF committed another negligent act when it required that he be exposed to cumulative trauma while he worked. Darling is seeking more than $50,000.

Although you are more likely to hear about train passengers who are injured in catastrophic Chicago, Illinois train accidents, train workers can also get hurt during train collisions or from merely doing their jobs. Injured railroad workers are untitled under FELA (Federal Employers Liabilities Act) to sue their employer for work-related injuries. Your chances of obtaining the maximum recovery increases when you hire an experienced Chicago railroad injury lawyer to represent you.

In an unrelated railroad worker injury case, Dennis Hetterscheidt, who worked as a traveling maintenance-of-way employee for CSX Transportation until October 2007 is now suing his former employer for his injuries. He claims that his work with the company ended after he was injured in a fall accident while cutting rails.

Hetterscheidt says he injured his spine, lower back, neck, and shoulders during the work accident and, as a result, he has experienced suffering, pain, disability, and disfigurement. Hetterscheidt contends that not only has he lost income and racked up medical expenses, but his earning capacity has been impaired.

The plaintiff says CSX was negligent in causing his injuries and did not provide him with a safe work environment, the proper work methods, or the correct equipment and tools. Hetterscheidt says is accusing DSX of failing to maintain and inspects its track and of being negligent when requiring that he work on ground that was uneven. He is seeking over $50,000.

CSX worker claims injuries in cutting rails, The Record, February 5, 2010

Conductor claims shoulder injuries in suit against BNSF, The Record, February 5, 2010

Related Web Resource:
Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined, Cornell University Law School

A refinery worker says he was fired after he filed a claim for workers’ compensation even though the company that he worked for is supposed to provide these benefits to workers injured on the job. Eduardo Perez, a refinery worker, filed his lawsuit against Starcon International Inc.

Pedraza says he sustained his work injury while lifting a heavy slap of sheet metal weighing at least 100 pounds at a BP Refinery. The injury required him to constantly be under doctor care. In his lawsuit, he claims that when he was finally able to go back to work, Oziel Gonzalez told him that he had lost his job.

Working in a refinery can be hard and dangerous work. Refinery workers are constantly working in and around hazardous situations that can cause serious and painful, life changing injuries in an event of an accident.

Illinois Workers’ Compensation
Most workers are not allowed to sue their employers for personal injury, which is one of the reasons Illinois workers’ compensation benefits exist. Workers’ compensation is supposed to cover medical costs while providing wages to the employee while he or she recovers. Depending on the seriousness of the injuries, other benefits may apply. Workers do not have to prove liability on their employers’ part and they should never be fired for seeking to avail of their work injury benefits. Unfortunately, some insurers and employers will try to get out of paying these benefits to an injured worker.

It is important that you know about your legal rights.

Refinery worker claims heavy lifting caused injury, SexTexasRecord, February 4, 2010

Related Web Resources:
Your right to workers' compensation

Illinois Industrial Commission

Continue reading "Refinery Worker Claims His Filing for Workers’ Compensation Led to His Dismissal" »