Chicago Workers Compensation Lawyer Blog

Cumulative trauma is a term used for a number of injuries that affect ligament structures, muscles, and tendons. This type of trauma can occur when the body is engaged in repetitive movements and/or is in static postures for extended periods of time.

Cumulative trauma usually impacts the head and upper areas of the body.

Examples of cumulative trauma:
• Overuse syndrome
• Cumulative trauma disorder
• Repetitive strain injury

Conditions that can result from cumulative trauma:
• Carpal tunnel syndrome
• Tennis elbow
• Trigger finger
• Golfer’s elbow
• Cervical syndrome
• Bursitis

Common causes of cumulative trauma:
• Use of excessive force when doing one’s job
• Working in a static posture for long periods of time
• Working at high speeds, such as when meeting deadlines in a newsroom or working as part of an assembly line
• High levels of psychological stress
• Fatigue affecting specific areas of the body

If you are suffering cumulative trauma as a result of your job, you are likely entitled to Illinois workers’ compensation benefits. This can help you get the medical care that you need. You may need the help of an occupational therapist or another kind of expert who can give you the tools and information you need to improve your condition.

Cumulative Trauma Injury, Chiroweb.com

Facts about Cumulative Trauma Disorder

Continue reading " Exploring Cumulative Trauma Injuries Caused by Work-Related Disorders " »

In the United States, a steel mill worker who became paralyzed to the waist down after he fell from a ladder was awarded a $48 million work injury lawsuit against a subcontractor. Anthony Arciniega sustained a spinal cord injury after he fell 17 feet in 2004.

The 42-year-old worker fell because of the refractory concrete that was covering the ladder. Arciniega’s personal injury lawsuit contends that contractor Minteq International’s negligence contributed to his catastrophic work accident. The jury also decided that the steel mill where the accident occurred should be required to pay half of the $48 million verdict.

Arciniega is now a paraplegic. During the civil trial, coworker and his doctors testified that he went back to work in a wheelchair even though he was experiencing nerve pain. Arciniega says he returned to work within six months of the accident because he needed to support his family.

If you have been injured in a work accident, you may not be able to sue your employer for personal injury, but you may have grounds to file a claim against a liable third party. You are also likely entitled to Illinois workers’ compensation benefits.

A spinal cord injury can occur when a vertebrae gets dislocated or fractured by a blow. The damage can wear into cord tissues and put pressure on certain nerves. This can lead to paralysis. Depending on the degree of paralysis, a person’s ability to move and live a normal life can be severely impaired.

According to Brain and Spinal Cord.org, some of the many effects of paralysis:

• Brain damage
• Speech problems
• Behavioral difficulties
• Blood clots
• Constipation
• Loss of bowel control
• Sexual dysfunction
• Blood sores
• Circulation problems
• Breathing problems

Paralyzed Steelworker Wins $48 Million Verdict, The Huffington Post, December 15, 2008

Signs and Symptoms of Paralysis, BrainandSpinalCord.org

Spinal Cord Injuries, MedlinePlus

Even though office workers are generally not engaged in “dangerous” work, work accidents and injuries can occur on the job. Injured workers are usually entitled to Illinois workers’ compensation, as well as any third party compensation that may be owed by liable parties that are not the employee’s employer.

Common office injuries:
• Vision problems
• Back pain
• Hands and wrist strain
• Vision problems
• Carpal tunnel syndrome
• Fall accidents
• Slip accidents
• Electrical accidents
• Injuries while lifting or moving heavy objects
• Getting hit or bumping into stationary or moving objects

There are steps that workers can take to prevent injury accidents from occurring, such as making sure your desk space is ergonomically set up, assuming the correct posture when you pick up or carry anything, making sure that items or liquids that fall on the ground are cleared or mopped away.

There are also steps that employers can take to prevent minimize the chances that a work accident will happen, including properly maintaining office equipment, providing desk workers with the proper set up, making sure there are no slippery floors, fixing any loose carpet or faulty electrical cords, making sure hallways and stairwells are properly lit, and providing adequate security.

Regardless of who was at fault in causing your work accident, you are entitled to Illinois workers’ compensation.

What are the Top Injuries in a Typical Office (and How Can You Avoid Them)?, Sixwise.com

Preventing Accidents at Work, ES & H

Related Web Resource:
Illinois Workers' Compensation Commission

Continue reading " Illinois Office Workers Can Get Injured on the Job " »

A construction worker died on Friday in an on-the-job accident. The victim, Darren Barnicoat, was doing excavation work on a building’s foundation when a 2-feet chunk of brick landed on him, crushing his body. The 31-year-old worker, who was the site supervisor, was in a pit some 10 feet under the surface when the falling debris work accident happened.

While emergency workers tried to revive the construction worker at the scene, their efforts proved futile. Barnicoat was pronounced dead soon after at a local hospital. Police and the Occupational Safety and Health Administration are investigating the cause of the deadly construction accident.

Construction Accidents Involving Falling Debris
The property owner of a construction site, the project’s general contractor, and other parties in charge are responsible for making sure that workers and visitors to the site are protected from falling debris and other falling objects. There are safety measures that can be implemented to prevent construction accidents from happening, including keeping pedestrians away from scaffolding, proper maintenance of construction equipment, following OSHA safety regulations, checking that all safety procedures are in place, and using safety nets to prevent debris from falling on workers and others.

Even when safety measures are in place, construction accidents do happen and can result in catastrophic and fatal injuries, including spinal cord injuries, traumatic brain injuries, broken bones, and severed limbs, for victims.

Worker's Compensation for Construction Accident Victims
It is important that an injured construction worker get the proper medical attention that he or she needs to recover or obtain ongoing medical care. Construction workers and the families of those killed in construction accidents are entitled to workers’ compensation benefits. They may also be entitled to personal injury or wrongful death compensation from negligent third parties.

Construction worker killed in job site accident, Boston Herald.com, January 24, 2009

Falling bricks cited in site supervisor's death, Boston.com, January 24, 2009

Related Web Resources:
Construction Accidents, Justia

Occupational Safety and Health Administration

If someone in your family has died in an Illinois work accident, you are not allowed to file a wrongful death lawsuit against his or her employer. You may, however, be entitled to death/survivors’ benefits.

In Illinois, these benefits include:
• $8,000 burial benefit
• 66 2/3% of the deceased workers’ weekly income for the 52 weeks leading up to the work injury. This amount is subject to maximum and minimum limits. Barring a reduction for partially dependent individuals, the minimum benefit for survivors cannot be lower than 50% of the Illinois average weekly wage at the time the accident occurred. The maximum benefit cannot exceed 133 1/3% of the SAWW when the injury accident happened. The benefit will be paid either as (the greater of) $500,000 or in weekly increments for 25 years.

Workers' Compensation Beneficiaries
A deceased workers’ husband, wife, or children are considered the primary beneficiaries to any death/survivors’ benefits. If the employee had no primary beneficiaries, then dependent parents are entitled to these benefits. If there are no dependent parents, then anyone who was at least 50% dependent on the worker can claim death benefits.

In the event that the deceased worker’s widow or widower remarries, the eligible surviving children will continue to receive benefits. If the deceased worker did not leave behind any children, then the spouse would be given a final payment equivalent to two years of workers’ compensation.

It is hard enough to lose a loved one without having the additional burden of struggling financially because you’ve also lost your primary source of financial support.

Related Web Resources:
Handbook on Workers' Compensation and Occupational Diseases, Illinois Workers' Compensation Commission (PDF)

Illinois Workers' Compensation Act (PDF)

Continue reading " Understanding Death/Survivors’ Benefits Under Illinois Workers’ Compensation Law " »

A female zookeeper who was attacked by a jaguar on Sunday at the Catoctin Wildlife Preserve and Zoo was in critical but stable condition as of yesterday. Deborah Gregory was working in the jaguar enclosure’s interior den area when the animal attack happened.

The jaguar that attacked the 32-year-old zookeeper was a male, weighing between 180 and 200 pounds. Gregory, who sustained a number of bite wounds, was transported to the hospital after being treated at the scene by zoo employees and emergency medics. Following the animal attack, the jaguar and a female jaguar were placed in quarantine.

Frederick County Animal Control Director Harold Domer says no one else was at risk of injury from the jaguar because the zoo is currently closed to visitors. He also noted that there are a number of safety measures in place to prevent the jaguar from escaping its pen.

Working at a zoo, especially when an employee has direct contact with or is working closely with animals, has its risks. Zoo employers must take steps to protect both patrons and zoo workers from becoming the victim of an animal attack.

Recent zoo worker accidents:

• A zoo worker was attacked by a lion last May while he was moving the animal indoors.

• In October, a zoo worker suffered serious neck and chest injuries after being attacked by a liger, which is an offspring of a male lion and a female tiger.

Workers Compensation
Injured workers are usually entitled to workers’ compensation from their employers—regardless of who was at fault for causing the work accident. Animal injuries can lead to serious internal injuries and physical disfigurements—especially if the animal is a large dog or a jungle animal at a zoo.

Jaguars Quarantined Following Attack on Zookeeper, Fox News, January 19, 2009

Liger Critically Injures Oklahoma Zoo Worker, WayOdd.com, October 30, 2009

Detroit Zoo worker survives lion attack, UPI.com, May 26, 2008

Related Web Resource:
Workers' Compensation, Justia

Continue reading " Zookeeper Mauled by Jaguar During Work Accident " »

If you were injured in an Illinois work accident, you should tell your employer as soon as possible. You can let them know about the injury either verbally or in writing, although it is a good idea to document the incident in writing.

Usually, Illinois workers’ compensation law requires that you tell your employer that you were injured within 45 days of the accident happening. This will decrease the chances that you won’t receive your benefits as soon as possible. If you wait more than 45 days to report your work accident, you may forfeit all Illinois workers’ compensation benefits.

If your injuries occurred because of radiological exposure, you have 90 days after you find out or suspect that you were exposed to too much radiation to notify your employer. If your injuries involve an occupational disease, you need to let your employer know as soon as possible.

Illinois employers who are dealing with workers injured on the job must:
• Make sure the injured worker receives the necessary first aid or emergency medical services
• Inform the workers’ compensation administrator or insurance carrier that there may be a pending work injury claim
• Start paying Temporary Total Disability Benefits if the worker is unable to work for more than 3 days because of his or her work injury
• Give the injured worker all the information he or she needs to be able to receive workers’ compensation benefits
• If the employer decides to deny the employee’s workers’ compensation claim, the company must give the worker a reason.

The best way of making sure that you receive all the workers’ compensation you are owed is to contact an experienced Illinois workers’ compensation attorney who can make sure that you receive your benefits in a timely manner. If your work injury claim was denied by your employer, your lawyer can take the necessary steps to fight for the benefits you are entitled to receive.

Handbook on Workers' Compensation and Occupational Diseases (PDF)

Illinois Workers' Compensation Commission

Continue reading " Reporting Your Illinois Work Accident To Your Employer " »

The Mine Safety and Health Administration has ordered a Massey Energy subsidiary to pay a $180,000 fine for violations that may have led to a worker sustaining injuries during a coal mining accident. The worker suffered neck and head injuries when part of a highwall collapsed and his truck was partially buried.

Richard Stickler, the director of the Mine Safety and Health Administration, says Massey’s subsidiary, Highland Mining, ignored the loose and cracked rock that was over the haul road and did nothing to protect truck drivers at the Freeze Fork Surface Mine. Massey, however, plans to contest the fine. Following the work accident, the truck driver’s injuries were examined at the hospital. He did not need time off from work to recover.

According to the Bureau of Labor Statistics, the coal mining industry has a higher incidence rate for illnesses, nonfatal injuries, and deaths than the entire private sector.

In 2006, there were 4,600 work-related injuries and illnesses. Common coal mining injuries:
• Fractures
• Strains and sprains
• Exposure to chemical substances
• Injuries from falling objects, including falling coal

Common causes of coal mining deaths:
• Transportation accidents
• Explosions
• Fires
• Contact with equipment and objects
• Exposure to toxic substances
• Machinery accidents

Coal mining workers that were most likely to get hurt included:
• Transportation workers
• Construction and excavation workers
• Industrial machinery mechanics
• Mine roof bolters

MSHA fines Massey unit $180,000 for W.Va. accident, Forbes, January 15, 2009

Coal Mining Injuries, Illnesses, and Fatalities in 2006, Bureau of Labor Statistics, June 27, 2008

Related Web Resources:

Mine Safety and Health Administration

County Coal Map Series, Illinois State Geological Survey

Continue reading " Mine Safety and Health Administration Fines Massey Energy Subsidiary for Violations that Contributed to Truck Driver Sustaining Injuries in a Coal Mining Accident " »

The Chicago Tribune is reporting that a crane operator has died during a work accident at a US factory. The accident took place yesterday morning in Wisconsin. Joseph Golec, 46, was operating an overhead crane to lift a 3,700-pound metal casting when the casting struck another casting, striking Golec so that he became caught between two castings. Golec was transported from Kenosha Steel Castings to a local hospital where he was later pronounced dead.

In an unrelated construction accident in Oklahoma on Monday, a worker died while trying to repair a crane. Lucio Reyes sustained major trunk and head injuries when a boom from a crane came loose, pinning the 41-year-old worker to the ground.

Crane Accidents
Crane accidents are a common cause of work injuries and deaths, especially at construction sites. Common causes of crane accident-related injuries:

• Overloading
• Design defects
• Incorrect assembly
• Getting hit by a moving or falling load
• Crane collapse
• Contact with electrical power lines
• Collapsed booms
• Fall accidents
• Rigging related-failures
• Poor maintenance
• Inadequate training

The Occupational Safety and Health Administration mandates that employers follow certain safety precautions and compliance measures to make sure that crane accidents do not happen. Working with a crane can be a dangerous job, and employees are entitled to workers’ compensation benefits.

Continue reading " Two Crane Accidents Lead to Worker Deaths " »

A wastewater treatment plant worker died on Friday after he was crushed in a temporary conveyor belt collapse accident. Workers were moving the belt, which was being used to take out grit from sewage, when it collapsed, buckling in the middle and falling on 45-year-old Gennaro Montello.

A contractor used his forklift to free Montello, just as emergency workers arrived at the accident scene. The worker was pronounced dead a few hours later at a local hospital. He leaves behind his wife and two children.

A second worker, Joseph DiGiovanni, was injured while trying to rescue Montello from under the conveyor belt. On Friday, DiGiovanni was at a hospital in stable condition.

An investigation is being conducted into the cause of the work accident, including whether there were flaws in the construction of the 34-foot-long, 3-foot wide construction belt, which weighs several thousand pounds. Contracting company WDF provided the conveyor belt.

Conveyor Belt Accidents
According to the US Department of Labor Bureau of Labor Statistics, more than 50 work injury deaths involving conveyor belts occur every year. There are steps that conveyor belt manufacturers can take to make sure their products are safe for use. Employers can also properly train and safely equip workers so that they minimize the risk of conveyor belt-related injuries and deaths.

Conveyor belts that are improperly guarded or arranged in a hazardous manner, as well as conveyor equipment that is designed defectively or malfunctions are common causes of work injuries and deaths. Unsafe loading of the belt can also lead to injuries. Conveyor belt-related injuries can include crush injuries, broken bones, ergonomic injuries, head injuries from falling debris, and internal injuries.

City worker's grieving wife said husband died in 'freak accident', Daily News, January 11, 2009

City Worker Crushed to Death at Sewage Plant in Brooklyn, New York TImes, January 9, 2009

Related Web Resources:

Conveyor Safety Information & Resources, Cisco

Occupational Safety and Health Administration

Continue reading " Worker Killed in Conveyor Belt Collapse at Sewage Camp " »

Trucker Brian Johnson was driving to Reno Farms to make a cattle feed delivery on January 12, 2007 when his tractor-trailer made contact with a power line. He died from his electrocution injuries.

Now, in St. Clair County Circuit Court, Johnson’s family is suing M.J.M. Electric Cooperative, Fletcher-Reinhardt Service Company, and Cooper Power Systems for his wrongful death. According to their Illinois wrongful death lawsuit, M.J.M. Electric Cooperative acted negligently because it failed to make sure that the hazardous power line (which it owns) and its reclosures were properly maintained, failed to ensure that the power line was suspended at the correct height, and did not warn Johnson about the power line’s presence.

The complaint accuses Fletcher-Reinhardt Service Company of defectively rebuilding and improperly maintaining the power line’s circuit reclosure so that the circuit line could not be de-energized when contact occurred. Cooper Power Systems, the family contends, was negligent in its design and manufacture of the circuit reclosure. Johnson’s family is seeking a judgment exceeding $250,000 plus costs.

Third Party Lawsuits and Illinois Workers’ Compensation Claims
Most Illinois workers are guaranteed workers’ compensation and death benefits anytime they are injured or killed on the job, regardless of who is at fault. While Illinois workers’ compensation law prevents employees from suing their employers for their work injuries, third parties that may have been responsible for causing a victim’s work accident are not immune from liability.

Electrocution injuries are serious injuries that can be catastrophic, if not fatal, for the victim. Medical and recovery costs may be expensive, and you could need all the help you can get. For families who have lost someone they love in a work accident, compensation from third parties can provide a great deal of needed financial support to your existing Illinois workers' compensation death benefits.

Truck driver's electrocution subject of wrongful death complaint, The Madison/St Clair Record, January 7, 2009

Related Web Resources:

M.J.M. Electric Cooperative

Fletcher-Reinhardt Service Company

Cooper Power Systems

A railroad helper is suing Union Pacific Railroad Company and Alton and Southern Railway Company for work injuries he sustained while working for both companies. John Schulte says he suffered back and neck injuries in a fall accident when the remote control vest he was using ripped, causing him to lose balance and fall off a railcar.

The railroad accident occurred on July 6 in an East St. Louis yard while he was operating a locomotive with a remote. Schulte filed his complained last week in St. Clair County Circuit Court.

The railroad helper says that because of his injuries, he suffered serious emotional pain and mental trauma, as well as lost wages because he was unable to work. His lawsuit contends that the defendants neglected to provide him with a safe work area because he was not given safe working methods. Schulte also claims that workers were given remote control vests that were subject to tearing and that the defendants should have either provided employees with sturdier vests or a safer work method, as well as warning them of the risks that could arise when using the vests. Schulte is seeking a judgment of over $100,000 plus costs and other relief.

Remote Control Vests
Remote control vests allow a railroad worker to operate remote-control trains in train yard. The vests hold the remote control unit that allows the worker to command the train car. This method of operating a railcar is not always safe for workers, who are at risk of falling from the car in the event that the vehicle makes jerky movements or is involved in a collision.

The vests can also be awkward to wear, which makes it difficult for the operator to securely hang on to the side of the car during operation. There are also concerns that railroad companies are not providing remote control operators with enough training to allow them to operate the device in as safe a manner as possible.

Railroad helper sues Union Pacific over torn remote vest, The Madison/St Clair Record, January 2, 2009

Related Web Resources:
Union Pacific

Alton & Southern Railway Company

Continue reading " Illinois Railroad Helper Sues Union Pacific and Alton and Southern Railway Company For Work Injuries " »