Chicago Workers Compensation Lawyer Blog

Often, when the media reports about injuries sustained by people in a US truck accident, the victims that become the focus tend to be the people who were injured that were not in the truck at the time of the motor vehicle crash. While it’s true that car occupants, pedestrians, bicyclists, and motorcycle riders are at a disadvantage when it comes to traffic accidents involving a semi-truck, a tractor-trailer, an 18-wheeler truck, and other large trucks, truck drivers do get hurt and can be prone to serious injuries on the job, including burn injuries, internal injuries, head injuries, traumatic brain injuries, spinal cord injuries, and death.

Even during single-traffic crashes involving just a large truck, such as when the truck malfunctions or the truck driver makes a deadly mistake that causes his vehicle to fall off a bridge or drive off the road, the trucker can get hurt. Fortunately, most truckers have workers’ compensation benefits that provide compensation in the event of a work accident—regardless of who is at fault in causing the truck accident. The trucker may also be entitled to third party compensation if another party, such as a truck manufacturer or another driver, was responsible for causing the motor vehicle crash.

Non-Accident Related Truck Driver Injuries
Truckers are also prone to work-related injuries that don’t necessarily involve traffic accidents. Upper extremity injuries is one common problem among truckers who must operate a large truck for hours at a time. It doesn’t help that the work schedules of long-haul truckers can make it hard for them to find time to visit to a doctor or a chiropractor.

Examples of upper extremity injuries include low back pain, shoulder pain, arm tingling, hand tingling, and scapula pain. These common injuries can occur when a trucker pulls the fifth wheel pin, lifts and lowers a truck hood, falls or slips while getting out of the truck, unloads the truck, or, out of habit, rests a hand on a gearshift lever while it vibrates. There is also the stress that comes with spending so many hours and days on the road in the urgency to meet delivery deadlines.

Upper Extremity Injuries in the Trucking Industry, Chiroweb.com

Commercial Truck Driver Health and Safety- Preventing Injury and Illness, NIH.gov

Federal Motor Carrier Safety Administration

Continue reading " Chicago Truck Driver Injuries on the Job " »

A day laborer was killed earlier this week after he was crushed by a 12,000 to 16,000 pound tank that fell on top of him. Gregg Pitcher, 45, was sweeping the grounds at the Environmental Testing Lab when the deadly work accident happened.

A coworker found Pitcher trapped under the tank and contacted 911. A forklift was used to lift the equipment off the worker. Pitcher was pronounced dead at the accident scene.

The Occupational Safety and Health Administration and local police are investigating the deadly accident. One fire rescue worker said that one of the wheels on the tank was missing, which could have caused the equipment’s center of gravity to move.

Crush Injuries
Crush injuries can occur when a person is crushed between two heavy objects. Crush can lead to bleeding, bruising, spinal cord injuries, traumatic brain injuries, internal injuries, smashed fingers and other body parts, compartment syndrome, and death.

Crush injuries are often serious injuries that are extremely painful and can be hard to heal. An injured worker may have to take time off work, may never be able to return to the same job, or can sustain a permanent injury that could affect his or her ability to live a normal, healthy life.

In an ideal scenario, you will file your workers' compensation claim and receive all of the benefits you are owed in a timely manner. Sometimes, however, disputes and delays do arise. An experienced Chicago workers' compensation attorney can make sure that your rights are protected and that you get the compensation that you are owed.

Man Crushed to Death In Work Accident, MSNBC, February 27, 2009

Related Web Resource:
Crush Injuries, MedlinePlus

Workers' Compensation Summary - Illinois

Continue reading " Worker Dies in Crush Accident After Being Struck by 12,000 – 16,000 Pound Tank " »

Three workers were injured earlier this month when an explosion occurred at an East Chicago steel plant. The workers, 36-year-old Tracy Sandoval, 41-year-old James Broviak, and 55-year-old Jeff Schnebel, were at a blast furnace slag pit when the work accident happened. All three workers are subcontractors.

Sandoval sustained a serious head injury, and Schnebel, who sustained third-degree burns, is being treated at the University of Chicago Medical Center’s Burn Unit. Broviak sustained minor injuries. Local police say the explosion occurred when a large quantity of slag was placed in the water.

Working at a steel plant can be a dangerous job. Employees are dealing with heavy machinery and certain hazardous materials. This is why it is so important that the proper safety procedures are implemented and workers are properly trained, supervised, and equipped with the correct gear. Also, all equipment and machinery at the work site must be properly maintained and operated safely and correctly.

Injuries sustained in a machinery accident or a steel plant blast can result in catastrophic injuries for the workers involved. The worker may need weeks or longer to recover and there is a possibility that he or she may never be able to work again.

You must take the proper steps to make sure that you receive all of the workers’ compensation benefits you are owed. Retaining the services of an experienced workers’ compensation attorney can ensure that you are paid on time and that any disputes with your employer’s insurer are successfully dealt with by someone who is advocating on your behalf. Your lawyer can also determine if any liable third parties should be sued for personal injury.

Slag explosion injures three at ArcelorMittal mill in East Chicago, Post-Tribune, February 17, 2009

Accident at East Chicago steel plant under investigation, NWI.com, February 16, 2009

Two workers still hospitalized after explosion at ArcelorMittal steel mill in East Chicago, Post-Tribune, February 19, 2009

Related Web Resource:
Industrial Accidents, Chicago Tribune

Continue reading " East Chicago Steel Plant Explosion Injures Three Workers " »

The construction industry continues to be a professional field where workers are prone to serious injuries. Just this week, there were at least four reported incidents of workers getting hurt in construction accidents.

Yesterday, an ironworker died at a construction site on the Microsoft campus after he was crushed under thousands of pounds of rebar. The worker was trying to set a rebar form into concrete when the form fell on top of him and he sustained massive head injuries. Workers at the site performed CPR and used a defibrillator to try and revive him. He was pronounced dead at the crash site.

The crane operator who witnessed the work accident is reportedly devastated by what happened. Fortunately, no one else sustained physical injuries.

Also on Thursday, and in another part of the United States, another construction worker sustained serious injuries and experienced electric shock when the crane that was lowering him into a well hit an electrical wire. A power line had to be deactivated so that the worker could be rescued.

At another construction site early this morning, a worker who was repairing a manhole cover in the street died when he was run over by a motorist. According to witnesses, the motorist drove through the construction cones before striking the worker.

On Monday, a 58-year-old worker died after he was run over by an excavator. The worker, Juan Rivera, were grading the backyard of the home and installing a septic system. There was another worker with him who was operating an 11-ton hydraulic Hitachi excavator. Investigators believe that Rivera may have gotten behind the machine operator as he was backing the machine up. The operator of the excavator was so upset by Rivera’s death that he had to be taken to a local hospital.

Construction Accidents and Illinois Workers' Compensation
As an injured Chicago construction worker, you are likely entitled to workers' compensation benefits. If your family member is the one who died in an Illinois construction accident, you may be entitled to workers' compensation death benefits.

Worker killed in accident at Microsoft construction site, The Seattle Times, February 19, 2009

Worker killed in construction accident, APP.com, February 17, 2009

Worker killed in accident at Microsoft construction site, Seattle Times, February 19, 2009

Construction worker hurt in accident at utility site, Sun-Sentinel, February 20, 2009

Continue reading " More Construction Accidents Occur in the US This Week " »

In the United States, preliminary findings indicate that there were 5,488 reported deadly work injuries for 2007. This is a slight decrease from the 5,840 fatal work injuries in 2006. Final numbers, however, won’t be released until April 2009.

According to the 2007 Census of Fatal Occupational Injuries, there were:
• 839 deadly work falls.
• 2,234 transportation related-work accidents.
• 610 workplace homicides.
• 337 deadly work injuries involving police officers and other employees in protective service industries.
• 14% less electrocution deaths in 2007 than in 2003.
• The lowest number ever of explosion and fire-related deaths involving workers for the year.
• A decrease in construction deaths; however, there were still the most number of worker fatalities in the construction industry than in any other industry.

Fatal work falls included:
• Falls from the same level
• Roof falls
• Falls from nonmoving vehicles

Transportation deaths included:
• Workers hit by motor vehicles or mobile equipment
• Nonhighway accidents
• Railway-related deaths
• Aviation fatalities
• Watercraft-related deaths
• Highway accidents

Industries where the deadly work accidents occurred:
• Private sector
• Goods-producing industries
• Government
• Construction

Demographic profile of fatal work injuries, included:
• There was a 7% decrease in deadly work injuries involving workers age 65 and older.
• However, older workers were 3 times more likely to die in a work accident than their younger counterparts.
• 959 of the 5,488 workers who died in work accidents were not born in the United States.

If your loved one died in a work accident, you are likely entitled to workers’ compensation death benefits.

Census of Fatal Occupational Injuries Summary, 2007, Bureau of Labor Statistics

United States Department of Labor

Related Web Resources:
Illinois Department of Labor

Workers' Compensation Overview, Justia

Continue reading " US Bureau of Labor Statistics Says 5,488 Deadly Work Injuries Occurred in 2007 " »

In an ideal scenario, an injured Illinois worker who is injured on the job will receive the proper compensation in a timely manner from an employer for his or her injuries. However, this is not always the case. This is why it is so important that you speak to an experienced Chicago workers’ compensation attorney to discuss your legal options.

To qualify for Illinois workers' compensation benefits, the employee must show that he or she:

• Worked for an employer who is subject to the Occupational Diseases Act or the Illinois Workers’ Compensation Commission.

• Worked for this employer on the date the work accident occurred.

• Sustained injuries or was exposed to hazardous substances while performing work for this employer.

• Has an illness or injury or medical condition that was caused or made worse by the work accident.

• Made sure the employer received the notice of injury or exposure within the time constraints imposed by Illinois law.

However, conflicts over workers' compensation benefits can arise for a number of reasons, including:
• Disputes over the seriousness of an Illinois worker’s disability.
• Disagreements over the injured employee’s average weekly wage.
• Disputes over the necessity of certain medical treatments or procedures.
• Delayed compensation.
• Rejection by the insurer of an Illinois work injury claim.

In certain instances, your case may have to go through the arbitration process before the Illinois Workers’ Compensation Commission in order to be resolved. This process could take a couple of years. In emergency situations, one of the parties may request an emergency hearing, which requires that a final decision be rendered no later than six months after the date the Petition for Review is filed. Sometimes, an injured worker may opt to settle with an employer and its insurance company.

Handbook on Workers' Compensation and Occupational Diseases (PDF)

Related Web Resources:
Illinois Workers' Compensation Commission

Workers' Occupational Diseases Act, Illinois General Assembly

Continue reading " Resolving Your Illinois Workers’ Compensation Dispute " »

A man who was diagnosed with an asbestos-related disease and his wife are suing 58 corporations for personal injury. Joseph and Lisa Headley say all of the defendants knew that Joseph was working around products with asbestos but acted negligently when they failed to warn him about what exposure to asbestos can do to a person’s health. Their complaint also accuses the defendants of failing to provide him with the proper safety gear, clothing, and information.

Joseph says he was unaware that exposure to products that contain asbestos could pose a health hazard to him. As a result of asbestos exposure, he says he sustained injury, disability, illness, pain, mental trauma, permanent partial disability, and physical impairment. He also says he has experienced progressive loss of earning capacity, accrued medical expenses, and can no longer take part in certain activities. His wife Lisa says that because of her husband’s illness, she experienced loss of his services, financial support, care, consortium, and comfort.

Among the defendants are those the couple is accusing of making products that contain asbestos, including: Ametek, Certainteed, Bondex, Copes-Vulcan, Uniroyal, Durabla, Champlain, Henry Vost Machine, Cooper Industries, Kaiser Gypsum,Crosby Valve, Sepco Corp., Crown Cork, Garlock, Georgia Pacific, Foseco, Guard-Line, Insulation Co.,Industrial Holdings Corp., Ogelbay Norton,KCG, Owens-Illinois, Murcowall Products, Rapid American, Parsons E&C, RPM Inc., Union Carbide, and TWC Valve.

Their complaint also names four premise owners, Dupont, Chevron, Texaco, and Exxon Mobile, as well as the following contractors that he claims provided the material that contained asbestos, Bechtel, Able Supply, Daniel International, HP Zachary, and Fluor, as defendants.

The asbestos lawsuit says a number of defendant companies made the machinery that required the products that contained asbestos, including: Zurn, Weil-McLain, Warren Pumps, Viacom, Trane, Oakfabco, FMC Corp., Allis-Chalmers, Ingersoll-Rand, Aqua Chem, Goulds Pumps, GE,Crane Co., Foster Wheeler, Elliot Turbo Machinery, Peerless, and IMO Industries. The complaint also accuses defendant Metropolitan Life Insurance Co. of concealing the dangers of asbestos exposure from members of the public.

The couple is seeking unspecified exemplary and punitive damages, as well as other relief.

Asbestos-Related Illnesses
Asbestos exposure can lead to a number of diseases, including several types of cancer, pleural mesothelioma, and asbestosis. One type of cancer can even take up to 70 years to reveal any symptoms.

A person afflicted by a disease caused by exposure to hazardous or toxic substances on the job may be entitled to workers' compensation benefits as well as third party personal injury compensation.

Almost 60 Charged with Asbestos Exposure, MesotheliomaWeb.org

Suit names 58 defendants over man's asbestos exposure, The Southeast Texas Record, January 21, 2008

Related Web Resources:
Asbestos Related Disorders, Medicine.net

Workers' Compensation, Justia

An electric crew worker died on Tuesday when the pole he was working on broke. Andrew Reichwein died from his injuries. The 35-year-old electric worker was helping restore power in Kentucky following last month’s deadly ice storm. Reichwein plunged some 40 feet and was struck by a transformer located on top of the pole.

In an unrelated accident involving another electric worker, 61-year-old Ernie Russell was killed after he was electrocuted during a work accident. Russell was a senior electrical supervisor employed by Ashton Construction. According to a company spokesperson, Russell appears to have been putting up a light post when it struck power lines. The Occupational Safety and Health Administration is investigating the cause of the deadly work accident.

According to the US Bureau of Labor Statistics:
• Electrocution is a leading cause of construction worker deaths.
• From 2003 – 2005, 121 electrocutions happened each year.
• Earth drillers, electrical power installers, and repairers appear to be among the workers at most risk of dying from electrocution.
• Electrical power installers, supervisors, managers, repairers, construction laborers, and electricians are the construction occupations that seem to have the highest average for electrocution fatalities.
• Types of electrical workers: Supervisors, electricians, apprentices, helpers, electrical installers, and electrical repairers
• Main cause of electrocution for electrical workers: contact with live wiring and energized equipment.
• Other causes of electrocution injuries include live light fixtures and the failure to deenergize and tag or lock out electrical equipment and circuits.
• Electrical injuries may include electrical burns, electric shock, arc blast effects, heat burns, and falls after suffering from electric shock.

As an injured Chicago electrical worker, you are entitled to Illinois workers' compensation benefits if you sustained an electrocution-related injury on the job. If your loved one died in a Chicago work accident, you are likely entitled to workers' compensation death benefits.

Andover man dies while helping restore power in Kentucky, ABC Newspapers, February 12, 2009

Ashton employee ID'd in electrocution, Arizona Daily Star, February 12, 2009

Deaths from Contact with Electricity, eLCOSH, December 2007

Related Web Resources:
Occupational Safety & Health Administration

International Brotherhood of Electrical Workers

Continue reading " Recent Electric Worker Accidents Highlight Dangers that Come with the Job " »

In Chicago, a Melrose Park resident suffered fatal injuries when he was fatally crushed while working a machine at an envelope factor. Hiep Vu’s coworkers say they found him stuck in the rollers of the machine. Chicago Fire Department workers were called to Cenveo Inc. and they transported the 54-year-old Illinois worker to Advocate Illinois Masonic Medical Center where he was later pronounced dead.

The Occupational Health and Safety Administration is investigating the cause of the deadly industrial accident.

Common causes of machinery accidents:

• Defective machinery
• Dangerous machinery due to poor safety features or design
• Toxic fumes emission
• Lack of safety equipment
• Inadequate training
• Improper maintenance
• Failure to replace old machinery

Each year, many industrial workers sustain disabling and other catastrophic injuries because they were involved in machinery accidents. In many cases, workers end up losing a limb of seriously lacerating a finger or getting fatally injured because their bodies were crushed by machinery. These injuries are not only difficult to fully recover from, but they can impair a worker's ability to hold another job in his or her field while severely limiting the ability to earn a proper living.

It is the job of an industrial worker’s employer to make sure that employees work in a safe environment and that all safeguards are in place to prevent accidents from happening. Machine manufacturers and machinery maintenance companies are also obligated to make sure that machines are in safe, working condition.

There are steps you can take to make sure that your employer’s insurer pays you all of the Illinois workers’ compensation benefits that you are owed and that the payments are made to you in a timely manner.

Man Crushed In Northwest Side Factory, CBS2Chicago, February 11, 2009

Related Web Resources:
Occupational Safety and Health Administration

Cenveo Inc

Continue reading " Chicago Worker Dies in Machinery Crush Accident " »

As one of the culinary meccas of the United States, there are countless restaurants located in the city of Chicago. From casual hotdog institutions to pizza joints to fine dining restaurants, such as the molecular gastronomy stop Alinea, there are a multitude of choices available to satisfy each person's distinct palate.

Depending on the type of eatery a Chicago restaurant might be staffed with classically trained chefs, short-order cooks, fast food fryers, dishwashers, waiters, busboys, sommeliers, and others. To the casual diner’s eye, working at a restaurant may not seem like dangerous business, but work accidents do happen.

For example, according to HealthyMe.com, there are over 2 million chefs and cooks in the United States. Cooking can be a physically challenging job that may require a chef to spend hours standing and running around in a kitchen. There are also the dangers of sustaining a burn injury, from cooking over high temperatures and touching hot pans or oil without protection, a knife injury,resulting in cuts to the skin or severed/sliced fingers, or a head injury, in the event that the worker is the target of a flying plate thrown by an angry coworker.

Workers in the kitchen and in the front of the house could also be prone to back injuries and swollen feet from having to stand all day. They may even run the risk of sustaining a slip and fall injury as they run back and forth between the different tables and to and from the kitchen in an effort to get everyone’s food to them in a timely manner.

Another kind of restaurant worker who is at risk of serious injuries is the teen worker. In 1999, the National Institute for Occupational Safety and Health reported that over a two-year period, there were about 44,800 work-related injuries involving teen restaurant employees and that these injuries warranted a visit to a US emergency room. 63% of these injuries occurred to teenagers working in pizza places, hamburger joints, and other fast food restaurants.

Many chefs work passionately to turn food into works of art. But is their job a recipe for injury?, Healthy Me

Knife and Food Slicer Injuries to Restaurant Workers

Related Web Resources:
Chicago Restaurants and Dining

Alinea Restaurant

Continue reading " Chicago Restaurant Accidents Can Lead to Serious Injuries for Chefs, Cooks, Waiters, and Other Industry Workers " »

A welder sustained serious second- and third-degree burn injuries during a work accident. According to fire officials, James Sellers’s clothes caught on fire while he was working on the scaffolding on the third floor of a fine arts center.

Coworkers used a blanket to put out the flames and emergency workers moved Sellers to the construction office so he would not have to stay in the cold and wind. The injured worker was transported to a hospital before being transferred to a burn center for treatments of the burns he sustained on his chest, arms, and back.

If you sustained your burn injuries in a work accident in Lake County, DuPage County, Will County,or Cook County, or any other county in Illinois, you may be entitled to Illinois workers’ compensation benefits.

Second-Degree Burns
This kind of burn affects the epidermis and the dermis of the skin and can result in swelling, pain, redness, and blisters. A second-degree burn must be treated properly or it could become a third-degree burn.

Third-Degree Burns
This kind of burn injury affects the dermis, the epidermis, and the hypodermis and can numb the area of the injury even as the victim experiences pain. A third-degree burn can often leave severe scars.

Signs that your burn injury may be a second-degree or third-degree burn:
• Swelling
• Peeling
• Redness
• Charred skin
• White skin
• Shock

Depending on the severity of the burn injury, the burn victim may have to undergo multiple and painful medical procedures to recover. These procedures can be very expensive and another reason that you should receive all of the Illinois workers’ compensation benefits you are owed, as well as any third party personal injury compensation.

Welder is Seriously Burned in Accident, Charleston.com, February 5, 2009

Types of Burns, Burn Survivor Resource Center

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

Continue reading " Burn Accident Injures Welder " »

• In Illinois, nearly every employee who was hired, works, or got hurt in the state is entitle to workers’ compensation benefits.

• Coverage under Illinois workers’ compensation law goes into effect for each worker as soon as he or she begins a new job.

• Injuries and disease that are caused (even if just partially) by the worker’s job are usually covered under Illinois workers' compensation law. Examples of such injuries include, carpal tunnel syndrome, diseases caused by exposure to hazardous or toxic substances, severe back pain, broken bones, or a heart attack.

• If a worker’s job aggravates a preexisting condition, the employee may be able to receive workers’ compensation benefits.

• A worker who gets hurt during an employer-sponsored activity that he or she was not required to participate in is not entitled to Illinois workers’ compensation benefits.

• An Illinois worker who gets hurt while taking part in a drug or alcohol rehabilitation program cannot avail of workers’ compensation benefits for these injuries.

• Workers’ compensation benefits in Illinois are not considered taxable income.

• It is the responsibility of Illinois employers to provide their employees with workers’ compensation coverage.

• Usually, the employer/its insurance company is responsible for paying the injured worker his or her benefits.

• Failure by an employer to provide an employee with workers’ compensation coverage is considered negligence, as well as a Class A misdemeanor for every day that passes without coverage.

Unfortunately, there are cases involving employers and/or insurers who refuse to pay or opt to delay paying workers' compensation benefits to an injured Illinois employee. This can cause added stress and financial worry to the injured worker.

Related Web Resources:

Handbook on Workers' Compensation and Occupational Diseases, Illinois Workers' Compensation Commission (PDF)

Frequently Asked Questions, Illinois Workers' Compensation Commission

Continue reading " Some Facts About Illinois Workers’ Compensation Benefits " »