Chicago Workers Compensation Lawyer Blog

In Illinois, a former railroad employee is suing Union Pacific Railroad Company for injuries he says he sustained as a result of his work for the defendant. Jimmy R Greens worked for the railroad company from 1980 – 1997 as a traveling electrician.

Green says he sustained railroad worker injuries because he was forced to climb up telephone poles and that he did so without the correct equipment. This caused him to experience repetitive and cumulative trauma to his lower extremities and his knees. His railroad accident lawsuit contends that the damages and injuries he suffered are permanent, progressive, and painful. As a result of his injuries, Green says he has incurred medical bills, and his ability to enjoy life and is earning capacity are permanently impaired.

The former railroad employee is accusing Union Pacific of negligence, including not providing him with a safe workplace, inadequate supervision and instruction on how to work safely, and failure to provide him with the proper equipment, including mechanical lifting devices and pole climbing spikes and spurs.

FELA
Under the Federal Employers’ Liability Act, railroad companies must provide their employees with a safe workplace, as well as with the tools that they need to do their job properly and safely. Failure to provide this duty of care can make the railroad company liable for an employee’s injuries.

Depending on their specific responsibilities, a railroad worker can be at risk of sustaining repetitive motion injuries or cumulative trauma disorders. This can result if the worker uses his or her hands or other parts of the body in a repetitive manner that causes the body to vibrate in positions that are not ergonomically correct. Carpal tunnel syndrome and body parts that are worn out are two unfortunate conditions that can result, making it difficult to for the railroad worker to keep doing his or her job or live comfortably without experiencing ongoing pain.

Traveling electrician sues Union Pacific, The Record, May 28, 2009

Railroads: The Safe Way to Movehttp://www.malmanlaw.com/lawyer-attorney-1199850.html, March 2005 (PDF)

Continue reading " Former Railroad Worker Sues Union Pacific Railroad Company for Work Injuries " »

Last week, Illinois Attorney General Lisa Madigan announced that she has filed an objection over Fiat’s purchase of Chrysler in federal bankruptcy court. Madigan said her objection was filed on behalf of the Illinois Self-Insurers Advisory Board and the Illinois Workers’ Compensation Commission.

Madison says that the purpose of the objection is to protect Chrysler workers in the state that may need Illinois workers’ compensation for their work injuries. Her filing states that both the ISIAB and the IWCC oppose the sale if there won’t be enough assets left to pay Illinois Chrysler employees their workers' compensation benefits.

Chrysler filed for Chapter 11 bankruptcy last month. The motor vehicle manufacturer, which was established in 1924, announced that Fiat would be purchasing most of its assets as part of a restructuring deal reached with stakeholders.

However, the current sale terms does not obligate Fiat to pay Chrysler workers’ work injury benefits and Chrysler may not end up having enough assets to pay its injured employees their compensation. If Chrysler can’t pay these benefits, the financial burden would fall on the Illinois Self-Insurers Security Fund. Officials in other states have also filed objections voicing similar concerns about their injured Chrysler workers.

Illinois Workers’ Compensation
Most injured workers are guaranteed Illinois workers’ compensation benefits for injuries sustained during work-related accidents. This provides workers the medical services and compensation they need to recover from their injuries while protecting employers from Illinois personal injury lawsuits.

Work injuries not only take time and money to recover from, but they can prevent an injured worker from doing his or her job and earning a living.

State Attorneys General File Objections to Sale of Chrysler Assets, The National Law Journal, May 28, 2009

Madigan Files Objection to Chrysler Sale on Behalf of Workers' Compensation Fund, eNews Park Forest, May 23, 2009

Related Web Resources:
Illinois Self-Insurers Association

Illinois Workers' Compensation Commission

Illinois Attorney General Lisa Madigan

Continue reading " Chicago Workers' Compensation: On Behalf of IWCC and ISIAB, Illinois Attorney General Lisa Madigan Files Objection to Chrysler Sale " »

The Occupational Safety and Health Administration is citing and fining Wal-Mart Stores Inc. for the death of a Wal-Mart employee during a Black Friday shopping event on November 28, 2008. OSHA says that store employees were placed at risk of being crushed by the crowd because Wal-Mart neglected to put into place “reasonable and effective” crowd management principles and, instead, engaged in inadequate crowd management. He died of asphyxiation.

OSHA is also accusing the Wal-Mart store of failing to provide workers with the tools and training required to manage the crowd of approximately 2,000 shoppers that rushed into the store. The crowd knocked seasonal worker Jdimytai Damour onto the ground, trampling him as they broke down doors to get to the sale items.

The OSHA fine for the citation is $7,000—the maximum fine possible for a serious OSHA violation. Based on past Black Friday experiences, an OSHA representative said that the store should have foreseen that effective crowd control tactics needed to be put in place. Wal-Mart disagrees with the citation and claims that it could not have anticipated Damour’s tragic worker accident. Wal-Mart spokesperson Daphne Moore says that OSHA and the retail industry do not provide guidance for such situations and that, in fact, the company had implemented crowd management precautions on the day Damour died.

The retailer has agreed to improve its post-Thanskgiving day crowd management strategy, pay $400,000 to victims that were injured during last year’s Black Friday trampling incident, and give $1.5 million to nonprofit and social services groups. The deal with prosecutors allows the retail chain to avoid criminal charges in Damour’s death.

Most injured workers and immediate family workers of those killed in Illinois work accidents are entitled to Illinois workers’ compensation benefits from their employers.

OSHA cites Wal-Mart in trampling death, Newsday.com, May 26, 2009

Wal-Mart pays $2M to avoid charges in death probe, AP/Trib.com, May 6, 2009

Related Web Resources:
Family Of Wal-Mart Employee Jdimytai Damour Sues Over Trampling Death, The Huffington Post, December 3, 2008

Wal-Mart Worker’s Black Friday Death Was Preventable, ChicagoWorkersCompensationLawyerBlog, December 2, 2008

Walmart Stores

Continue reading " Wal-Mart Worker’s Death Leads to OSHA Citation and $7,000 Fine " »

A number of worker unions are calling on the Occupational Safety and Health Administration to protect employees—especially health care workers—from the swine flu by enforcing specific safety protections. At least 82 of the 5,000 probable and confirmed swine flu cases in the US involve health care workers and there is concern that the virus is still spreading.

In a letter to the Centers for Disease Control and Prevention, AFL-CIO Safety and Health Director Peg Seminario noted that emergency responders, health care workers, and other workers that come into contact with people carrying the H1N1 virus are at high risk of also getting sick while on the job. Although OSHA and the CDC issued guidelines earlier this spring on how to protect workers from the swine flu—followed by interim guidelines directed at health care workers—Seminario says the guidelines are not being followed. She says a compliance directive or a hazard alert needs to be issued to address the swine flu-related hazards that workers in the healthcare industry face and the need for employers to protect their employees so they don't sustain this work-related illness.

The AFL-CIO offers its own recommendations on how employers can protect health care workers from the pandemic flu virus:

• Establish an infection control program for workers in hospitals and clinics.
• Seek and implement ways to control exposure to the virus.
• Make sure workers have easy access to personal protective equipment, cleaning supplies, and respirators.
• Educate workers about the swine flu, its symptoms, how it spreads, and how to control the infection.
• Train workers on ways they can protect themselves and prevent the virus from spreading.
• Enforce personal hygiene policies.
• Set up isolation units for swine flu patients so that other patients are not exposed to them.
• Select the specific health care workers who will treat your swine flu patients.
• Send home any health care workers that you think may have the swine flu.

If you have the swine flu because you were exposed to the virus while working, you are likely entitled to Illinois workers’ compensation benefits.

Unions Urge OSHA to Enforce Swine Flu Worker Protections, BlogAFLCIO.org, May 19, 2009

Protecting Health Care Workers During Pandemic Flu, AFLCIO.org (PDF)

Related Web Resources:
Swine Flu, CDC

Guidance on Preparing Workplaces for an Influenza Pandemic, OSHA

Continue reading " Unions to OSHA: Protect Health Care Workers from the Swine Flu " »

At least three US workers died in construction accidents this month. On Tuesday, an ironworker worker died in a fall accident while working at a Connecticut construction site. He was taken to a local hospital where he was pronounced dead. The Occupational Safety and Health Administration is investigating the cause of the deadly construction accident.

Also on Tuesday, a female construction worker died in a Missouri work accident while working on a concrete placement. The 48-year-old worker was taken to Barnes-Jewish Hospital where she later died. She had been working on a rebuilding project run by Ozark Constructors, LLC.

Earlier this month, a construction worker died in a Texas work accident when a trench wall at a water tower construction site collapsed. The worker, 34-year-old Rob Harrell, was in the trench attempting to connect the power to a new water tower when the wall fell, partially covering him in dirt.

Construction Accidents
The construction business can be dangerous business for workers, who place themselves at risk of getting seriously hurt whenever they go to work. Just this week, a construction worker sustained minor burns on his feet and hands when he came into contact with a "live" wire and suffered from electric shock. His work accident occurred in a construction area at the Freestyle Music Park in South Carolina.

Any injury sustained during a construction accident should be reported right away. You also may want to consult with an experienced Chicago construction accident lawyer about your Illinois workers’ compensation benefits and any third party Illinois personal injury claims or products liability lawsuits you may be entitled to file.

Iron worker killed in construction accident at Mohegan, Norwich Bulletin, May 20, 2009

Construction worker stable after accident at Freestyle Music Park, CarolinaLive, May 19, 2009

Construction worker dies at Taum Sauk, Forbes/Associated Press, May 19, 2009

Man dies in water tower construction accident in Arlington, DallasNews, May 6, 2009

Related Web Resources:
OSHA

Construction Accidents, Justia

Continue reading " Chicago Workers' Compensation Law Firm: Recent US Construction Accidents Result in at Least Three Fatalities " »

Last month, the Occupational Safety and Health Administration sent letters to over 13,500 employers throughout the US to let them know that their illness and injury rates are much higher than the national average. OSHA called the letter a “proactive step” toward encouraging its recipients to start taking immediate steps to lower these rates and improve health and safety conditions on the job.

The injury and illness rates of the employers that were contacted was more than double the national average and had resulted in time off from work, job changes, and limited work activities. The data for these rates was compiled from a 2008 survey conducted that involved 80,000 work sites and the illnesses and injuries that occurred in 2007.

The letter included a list of the most frequently cited OSHA standards, included copies of each employer’s illness and injury data, and offered help on how to improve illness and injury rates. OSHA also provided information on insurance carriers, health consultation services, and state workers’ compensation agencies.

Illinois Workers' Compensation
Illnesses and injuries that occur on the job may allow you to qualify for Illinois workers’ compensation benefits—regardless of who was at fault in causing the work accident. However, Illinois employers are still obligated, under the Occupational Safety and Health Act of 1970, to provide you with a healthy, safe, and hazard-free work environment. Employers can be cited and fined if a worker gets hurt, sick, or killed because of a a health hazard or an unsafe condition that could have been remedied or removed.

OSHA Notifies Workplaces with High Injury and Illness Rates, OSHA, April 17, 2009

Illinois Workers' Compensation Commission

US Department of Labor

Continue reading " Workers’ Compensation: OSHA Tells Over 13,500 Employers that Their Illness and Injuries Rates Surpass the National Average " »

States throughout the country are observing Chrysler LLC’s bankruptcy proceedings to see how the case might affect workers’ compensation funds. Chrysler has promised to continue providing workers’ compensation benefits even though it filed for Chapter 11 bankruptcy.

Last week, Michigan Attorney General Mike Cox filed a motion in bankruptcy court expressing concern that some of the verbiage in Chrysler’s bankruptcy paperwork leaves room for the auto manufacturer to back out of its existing workers’ compensation commitments. One concern would be that if a buyer were to purchase Chrysler, that entity would not be obligated to keep paying the injured workers’ claims. Cox's motion expressed concern that if the state’s Self-Insurers Security Fund had to assume these obligations, the fund would become insolvent within weeks.

Michigan, where Chrysler has strong business roots, is not the only state that could be affected if this were to happen. Chrysler, which has employees throughout the US, is self-insured some states and has bought workers’ compensation insurance in others. As a matter of fact, an Illinois Workers’ Compensation spokesperson says it is observing the situation in Michigan and speaking with agencies in other states about the issue.

A Chrysler spokesperson says that the court has given the automaker authority to keep paying workers’ compensation to its injured workers that qualify for these benefits. As of the end of 2008, Chrysler had 38,257 workers in the US. The company’s workers’ compensation liability may exceed $150 million, requiring the company to put out over $25 million a year. Chrysler filed for Chapter 11 bankruptcy on April 30 and is in the process of combining its business with Fiat.

States watch Chrysler's possible impact on workers' comp, Automotive News, May 11, 2009

Michigan Objects to Chrysler-Fiat Deal Over Workers' Compensation Funds, Insurance Journal, May 7, 2009

Related Web Resources:
Chrysler files for bankruptcy, Money.CNN.com, May 1, 2009

Illinois Workers' Compensation Commission

Continue reading " Will Chrysler Bankruptcy Impact Workers’ Compensation Funds? " »

OSHA is issuing an Advanced Notice of Proposed Rulemaking on combustible dust dangers. This issue is important, considering that over 130 US workers have died and more than 780 others were hurt in work explosions involving combustible dust since 1980. Just last month, three workers sustained burn injuries from an Illinois work accident during a combustible dust blast at a pet food plant.

US Secretary of Labor says that many combustible dust explosion-related catastrophic injuries and deaths were preventable. This is why OSHA is now taking the steps to make sure that workers are protected while on the job.

Combustible Dust Blasts
Combustible dust can consist of wood, magnesium, paper, aluminum, coal, plastic, flour, rubber, sugar and other materials that have been finely ground into fine chips, fibers, flakes, particles, or chunks. These are the types of combustible dust that when suspended in air under certain conditions can cause an explosion or blast.

The force of impact from a combustible blast can kill people and destroy entire buildings. Industries where combustible blast hazards exist include those involving: pharmaceuticals, grain, plastics, tobacco, paper, wood, rubber, pulp, textiles, furniture, pesticides, coal, dyes, aluminum, magnesium, iron, chromium, zinc, and fossil fuel power generation.

In 2006, the US Chemical Safety and Hazard Investigation Board recommended that the federal government develop stricter combustible dust controls. The board said these tougher dust standards would save lives. It also encouraged OSHA to implement standards that the National Fire Protection Association had developed.

US Rep. George Miller (D-Calif) had also introduced a bill to force changes to be made to dust regulations. While his legislation passed in the US House in April 2008, the Senate did not act on it. He reintroduced the bill this year.

Our Chicago workers’ compensation law firm can make sure you receive all the benefits you are owed for your combustible dust blast injuries.

OSHA : Rulemaking on Combustible Dust Hazards, Powder and Bulk, May 12, 2009

OSHA moves to toughen combustible dust rules, Courier-Journal, May 10, 2009

Related Web Resources:
Combustible Dust, OSHA

House passes Combustible Dust protections, Union Review, April 30, 2008

Continue reading " Illinois Workers' Compensation Law Firm: Occupational Safety and Health Administration to Propose Combustible Dust Hazards-Related Rulemaking " »

The Occupational Safety and Health Administration is investigating the elevator accident that claimed the life of a worker yesterday. Jason William Moyer, 39, was repairing an elevator when it fell on him while he was in the shaft. He was pronounced dead at the work accident site.

A report from the Department of Business and Professional Regulation says that the elevator that crushed Moyer failed a private inspection in February 2008. At a follow-up evaluation, the state agency issued a citation to the elevator’s owner for failing to have an updated license. The owner was also told that proof of a current inspection would have to be obtained.

Work injuries and deaths can be grounds for workers’ compensation from the injured or deceased worker’s employer. A personal injury law firm can also determine whether there are third parties that should be held liable for your work accident.

For example, last month a worker that got hurt because a man-lift malfunctioned sued a number of companies and officers for injuries he sustained while on the job. Milan Patrick is suing Victory Holdings, Panco Properties, Cathy Panico, Joseph Panico, Genco Land and Development, and Antonio Colasante for personal injury.

Patrick says that the defendants hired him in 2007 to do some remodeling at an apartment building. The worker had to use a 1995 Genie S40 man-lift to complete some of the work on the side of the building.

The plaintiff contends that because the man-lift was not properly maintained and its safety warning system was not working, on April 10, 2007 the bucket of the man-lift that he was in toppled over, causing him to become pinned between a parked car and the bucket. Patrick says he sustained abrasions and broken bones during his work accident.

Work injuries can lead to expensive medical bills, lost wages, and other damages and losses.

Man crushed in Century Village elevator shaft, Palm Beach Post, May 11, 2009

Shinnston man sues over man-lift injury, West Virginia Record, May 11, 2009

Continue reading " Elevator Accident Crushes Worker to Death " »

Black lung disease is the name used to refer to a lung disease that can occur when a person has been inhaling coal dust. There is the progressive massive fibrosis (PMF) kind and the coal workers’ pneumoconiosis (CWP). The latter is common among coal workers.

A coal worker can get CWP from working in a coal mine, mining graphite, milling graphite, loading coal, stowing coal, and making carbon electrodes. The more coal dust you inhale into your lungs, the worse your condition becomes because CWP occurs from an accumulation of dust, which can also lead to chronic bronchitis, emphysema, and chronic obstructive pulmonary disease.

At first, however, a coal worker may not exhibit any symptoms. However, as time passes and exposure to coal dust continues, the person’s quality of life may deteriorate, especially if there are complications.

The Black Lung Benefits Act exists to make sure that coal miners that have been totally disabled from black lung disease due to their jobs receive medical benefits and monthly payments. It also provides benefits to survivors of coal miners who have died because they were suffering from pneumoconiosis.

Medical services are provided, included diagnostic testing for miner-claimants to determine whether they have the disease. Workers that qualify for medical coverage can avail of office visits, prescription medications, hospital stays, and other benefits.

Workers that have been exposed to coal mine dust, such as coal miners, certain construction workers, and transportation workers, and their dependents can file work injury claims. For more information, visit the Division of Coal Mine Workers’ Compensation page that can be found on the US Department of Labor’s Web site for more information.

Workers' Compensation, Business.gov

Black Lung Disease, Web MD

Related Web Resources:
Faces of Black Lung, CDC

Compliance Guide to the Black Lung Benefits Act, US Department of Labor, January 2001

Continue reading " Providing Coal Workers Totally Disabled Because of Black Lung Disease with Workers’ Compensation " »

As of May 4, 2009, the Centers for Disease Control is reporting 279 confirmed cases of Swine Flu (H1N1 flu) in the United States. While this is a concern for everyone, it is especially a concern for workers who have to go to their jobs and may catch the virus from someone at their office, factory, or another type of work facility.

If you get the swine flu while you were doing your job, you may be entitled to Illinois workers’ compensation benefits. The challenge may be, however, proving that you contracted the contagious virus while you were doing your job (meaning you have a work-related illness) and not from an incident that is not work-related.

It doesn’t help that many work-related tasks put workers in situations that could put them at risk of getting the swine flu from others. For example:

• Working around other people.
• Eating out.
• Travel.
• Interacting with business associates that come from other parts of the country or the world.

Unfortunately, many Illinois workers can’t afford to stay home to avoid getting sick or to protect others from contracting their viruses. About 57 million US workers don’t get paid for sick days. Not only does staying at home mean that they don’t get paid but it could also result in the loss of their jobs.

It doesn’t help that the workers that likely don’t have sick leave are workers in the child care industry, food services industry, and hotel industry—lines of work that involve workers coming into regular contact with other people or food items. According to a 2008 study on sick leave, 68% of workers that don’t have paid sick leave have showed up to work with a contagious illness.

Steps employers can take to minimize the risk that workers will contract a virus while on the job:

• Make sure the work area is environmentally clean.
• Remind employees to regularly wash their hands.
• Have antibacterial hand cleansing lotions available.
• Encourage workers that exhibit flu-like symptoms to get medical attention and not return to work until they are certain they don’t have the swine flu.

Swine Flu Meets Workers Comp, Workers' Comp Insider, April 27, 2009

H1N1 Flu (Swine Flu) and its impact on Workers Compensation, WorkersCompensation.com

Swine Flu or Not, Many Workers Can't Stay Home, FoxNews.com, May 4, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Workers' Compensation Act (PDF)

H1N1 Flu (Swine Flu), CDC

Continue reading " Illinois Workers’ Compensation: Workers Sick with Swine Flu " »

12 people working at the Dallas Cowboys practice stadium were injured on Saturday when 64 mph winds caused the roof of the tent-like structure to collapse. About 70 people were in the stadium during the rookie minicamp when the accident happened, including players, coaches, media, and team personnel. Dallas Cowboys special teams coach Joe DeCamillis was among the people who got hurt. DeCamillis broke a couple of vertebrae but is expected to recover following surgery.

Another Dallas Cowboys employee, scouting assistant Rich Behm is reportedly paralyzed from the waist down. His spine was severed during the accident. On Saturday night, assistant athletic trainer Greg Gaither underwent surgery to repair a fracture in his right leg to his tibia and fibula.

Other injuries sustained by other victims include an open fracture under the knee, a head injury, and someone was impaled with metal. Some 60 people escaped the roof collapse with bruises and cuts. There were about 70 people in the minicamp when the structure fell.

Fortunately, a lot of people received warning that there was something wrong with the roof when the lights started shaking. This caused people to try evacuating the facility, which may have saved many lives.

The building, which consisted of a 100-yard football field with a few yards of clearance around had a roof located 80-feet above the ground. One of the companies that took part in building the stadium is Summit Structures LLC. In 2006, a state court found that Summit was negligent when it designed and built a building that fell in 2003 following a snowstorm.

If you were injured on the job during an Illinois work accident, you are likely entitled to workers’ compensation benefits for your injuries.

Cowboys staffer paralyzed after accident, Comcast.net, May 2, 2009

Roof collapse injures a coach, 11 others at Cowboys' facility, USA Today, May 3, 2009

Cowboys assistant paralyzed after facility collapse, SeattlePI.com, May 3, 2009

Related Web Resource:
Dallas Cowboys Team Page

Workers' Compensation Overview, Justia

Continue reading " Illinois Workers Compensation Law Firm: 12 Employees Injured as Dallas Cowboys Practice Stadium Roof Collapses " »