Chicago Workers Compensation Lawyer Blog

A 32-year-old construction worker is dead after he was struck by a utility pole during a construction accident. The pole was knocked over by construction equipment that a co-worker was operating.

The worker that died is Andrew Russell Clarke. The man that was operating the Bobcat is Paul Maple, who is the father of Clarke’s girlfriend.

According to officials, Maple was backing up the Bobcat when he struck the pole, which fell onto a parked truck. They think that Clarke was reaching inside the truck when he got hit. They are calling his death a tragic work accident.

In other recent construction accident news:

• On Thursday, a construction worker was treated at a hospital for minor injuries after the wall of a garage under construction fell on him.

• A man who was operating heavy equipment for a highway improvement project died when the machinery ran him over. Steve Vigil was using a chip spreader to spread gravel when he fell in front of the machine. He died at the construction accident site.

• A flagwoman died while working on a bridge interchange project.

• 23-year-old construction worker Donald Flood III died after falling from an Ingersoll-Rand asphalt roller. The machine struck him and he sustained fatal injuries as a result.

• On Wednesday, a 21-year-old worker died in a construction accident after the square bucket on the top of a front end loader struck him on the chest. John Bradley IV was one of a group of construction workers who were making street repairs.

Amenia man killed in construction accident, Poughkeepsie Journal.com, July 30, 2009

2 killed in NM industrial accidents, AP/Newswest9.com, July 30, 2009

Man Hurt In Construction Accident, News Talk 650, July 30, 2009

Norco man killed in construction accident in eastern New Orleans, Nola.com, July 29, 2009

Update: Construction worker in fatal Des Moines accident is identified, DesMoinesRegister.com, July 29, 2009

Related Web Resources:
Constructions Accidents, Justia

US Department of Labor

Continue reading " Construction Worker Dies After He is Struck by Utility Pole " »

The owner of a roofing company has pleaded guilty to workers’ compensation fraud charges. Robert McDonald owns Gulfstream Roofing. He has been found guilty of using bogus construction companies so he wouldn’t have to pay $400,000 in premiums.

According to investigators, Gulfstream Roofing transferred nearly $3 million in payroll using “fake construction companies” under the pretense that it was paid to insure subcontractors. The company reportedly did this between 2002 and 2006.

McDonald has been ordered to pay Bridgefield Insurance Co. $400,000 in restitution, over $6,000 in investigative expenses, and nearly $500 in court costs. He also has to serve 300 hours of community service.

Alex Sink, Florida’s chief financial officer, noted that actions like the one attributed to McDonald and others place workers at risk and leave them without protection.

Workers’ Compensation Fraud
Workers’ compensation fraud may involve someone withholding information or making bogus statements to receive workers’ compensation benefits or a party preventing someone else from receiving the Illinois workers’ compensation benefits that they are owed.

Considering that workers’ compensation exists to provide injured workers and their families with benefits in the event of a work accident, workers’ compensation fraud can be a serious matter.

Under Illinois state law, injured employees receive 2/3rds of their regular wages, tax-free, during the time they cannot work because they are busy recovering. The employers’ insurer pays for medical bills.

In the event of delays or disputes, our Chicago workers’ compensation law firm knows what to do to make sure that your payments come to you on time and in the full amounts that you are owed.

Roofer pleads guilty to workers’ comp fraud, Bizjournals, July 30, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Continue reading " Workers’ Compensation Fraud: Roofing Company Owner Pleads Guilty " »

A 33-year-old worker died on Monday after he was struck by stone slabs at a marble warehouse for injuries he sustained during an Chicago industrial accident on Wednesday. Gilbert Sandoval Ramirez was pronounced dead at John H. Stroger Jr. Hospital. According to police, Ramirez sustained blunt trauma and multiple fractures during the Chicago work accident.

Just the day before, in East Chicago, a female worker, 37, died at the ArcelorMittal Indiana Harbor Plant East during a work accident. Angela Smith also had sustained a blunt force trauma injury.

Blunt Force Trauma Injuries
Blunt force trauma usually involves injury to a certain area of the body caused by a sudden or heavy force that leads to trauma to that body part. A blunt force trauma injury can occur during fall accidents, when a swinging or falling object that is heavy strikes the worker, or during a machinery accident. Blunt force trauma injuries are frequently serious injuries that can prove fatal—especially if it affects the head or a major organ of the body.

Sometimes, there may not be any visual symptoms to indicate that a worker sustained a blunt trauma injury during a work accident. Common signs of blunt force trauma, however, can include:

• Bruising, which may be a sign of broken blood vessels
• Lacerations, which may indicate that there is tissue tearing or organ damage
• Abrasions

It is important to file your Chicago workers’ compensation paperwork with your employer as soon as possible after your work injury accident.

OSHA investigates death of warehouse employee on West Side, Chicago Sun-Times, July 27, 2009

Mittal worker, 37, dies of blunt force trauma at E.C. steel mill, NWI Times, July 27, 2009

Related Web Resources:
Blunt Force Trauma, ExploreForensics.Co.UK

OSHA

Continue reading " OSHA Investigates Fatal Chicago Work Accident in Humboldt Park " »

This week, a construction worker sued the New York Yankees and Turner Construction for injuries he sustained in a construction accident last year. Marc Kemprowski severed his wrist when the portable, power driven handsaw he was using kicked back at him. Kemprowski, 28, says the saw cut his arm to the bone. While doctors were able to reattach his hand, he has lost full use of it and cannot use his hand to do his job.

Kemprowski is accusing the defendants of maintaining dangerous working conditions. Over a dozen other workers have filed personal injury lawsuits for injuries they sustained while building the new stadium for the Yankees.

Construction Accident Claims
Many construction workers place themselves at risk of getting seriously hurt while doing their job. If you were injured in a Chicago construction accident, not only are you likely entitled to Illinois workers’ compensation benefits, but there may be third parties associated with the job that you were performing that can be held liable for personal injury.

Many serious construction accidents have been known to leave a worker injured in such a way that he or she may not longer be able to work as a construction worker ever again. Not only are there costly medical and recovery expenses to consider, but your permanent loss of income may require you to explore all avenues of compensation in addition to your workers’ compensation benefits.

Recent US construction accidents:

• A construction worker was rushed to the hospital today after he fell 30 feet in a scaffolding accident. The worker was working on a job at the JW Marriot Resort when he landed on the concrete. The cause of the fall accident is not known at this time. According to one fire department lieutenant, the worker appeared to have sustained internal injuries and traumatic brain injuries.

• Also this month, a 21-year-old worker died in a July 10 construction accident. It was just his 5th day on the job. Spencer Clark Harrington sustained fatal injuries to his stomach and head when a 30-foot steel fell off a forklift, striking him. Harrington was a father-to-be.

• Just two days before that, another construction worker died when one of the metal pieces used to hold scaffolding together fell five stories, striking the worker’s head. According to police, the other workers told the men on the ground to move but Kimberly McKinley, 54, was not able to get out of the way. McKinley wasn’t wearing a hard hat when he was struck by the metal attachment.

Construction worker injured at the new Yankee Stadium takes legal action, NY Daily news, July 23, 2009

Worker Falls At Hotel Construction Site, KSAT12, July 24, 2009

Construction worker falls 30 feet and lands on concrete, KENS5, July 24, 2009
Father-to-be, 21, dies after construction accident on Harbor Island, Seattle Times, July 13, 2009

An Illinois worker sustained serious injuries when he fell while climbing down a ladder. Richard L. Godwin fractured several ribs and vertebrae, as well as sustained a serious head injury during the Illinois work accident, which occurred on April 24. He had to undergo a tracheotomy and use a feeding tube following the work accident. Godwin was working for Survant Air Systems on a job in Fairview Heights when he got hurt.

While Illinois workers’ compensation law allows an injured worker to obtain work injury benefits for any injuries sustained on the job, state law also allows an injured employee to sue third parties for personal injury.

On July 21, Godwin and his wife Dianna filed their Illinois personal injury lawsuit against Old Style Roofing Company. They are accusing the company of failing to secure the ladder to the roof and neglecting to warn Godwin that the ladder was not secured properly.

They are seeking an over $100,000 personal injury judgment. The couple contends that Godwin suffered disability, pain, mental anguish and distress, and loss of enjoyment of life as a result of the work accident. He also can no longer attend to his regular responsibilities and has medical bills that must be paid because of the work accident.

Common Kinds of Injuries Caused by Ladder Falls:

• Spinal cord injuries
• Head injuries
• Traumatic brain injuries
• Arm injuries
• Leg injuries
• Chest injuries
• Pelvis injuries

Falls from scaffolds and ladders account for a significant number of work injuries. It is important that a ladder is properly positioned, secured, and in proper working condition when used by a worker on the job. Regardless of why a ladder-related work accident occurs, Illinois workers are more than likely entitled to workers’ compensation benefits.

Roofing company blamed for worker's fall and tracheotomy, The Record, July 24, 2009

Related Web Resources:
Misuse of Portable Ladders, OSHA

Safe Ladder Management, Safety-Engineer.com

Continue reading " Illinois Worker Undergoes Tracheotomy After Falling From Ladder " »

Albert Wickam, an Illinois railroad employee, has filed a FELA complaint against Union Pacific Railroad Company. Wickam says he sustained a musculoskeletal disease while working with unsafe equipment belonging to the company.

Wickam began working as a carman in 1971. During his employment, he was exposed to risk factors that caused him to develop cumulative trauma in his spine and back.

In his FELA lawsuit, Wickam is accusing the defendants of knowing that the tools and equipment that he was using were not ergonomically designed to eliminate or reduce the risk factors responsible for his injuries.

Wickam says the railroad company committed 24 negligent acts, including failing to provide him with a safe working environment, making him perform repetitive, forceful movements without giving him enough time to rest or the proper support, and having him do his job using heavy machinery that jarred his back.

Wickham says the railroad worker injuries he sustained are disabling and permanent. He has had to undergo surgery and continues to experience physical, mental, and emotional pain and suffering. His work-related injuries have caused him to suffer lost wages, medical expenses, and impaired his ability to do his job.

He is seeking a judgment of over $50,000 plus costs.

FELA Claims
If you are a railroad engineer, switchman, maintenance worker, brakeman, fireman, mechanic, yardmaster, signal master, or another railroad worker who was injured on the job, you may want to consider filing a FELA claim to obtain financial recover from your employer for your injuries.

Under the Federal Employment Liability Act, the injured railroad worker must prove that the railroad company, the train system, or another affiliated party was at least partially responsible for causing your work injury.

Union Pacific named in FELA complaint, Madison Record, July 21, 2009

Injured Railway Workers: Federal Employers' Liability Act (FELA), Justia

Related Web Resource:
Union Pacific

Continue reading " Illinois Railroad Employee Files FELA Complaint Against Union Pacific Railroad Company " »

A fatal work accident involving two monorail trains at Walt Disney World may have been caused by human error. According to FoxNews.com, attributing the Orlando Sentinel, a Disney employee has told investigators that he may have mistakenly radioed that he had already activated a track switch.

Monorail operator Austin Wuennenberg died over the July 4th weekend when two trains on the monorail crashed into each other. Eight people were on board at the time of the amusement park accident. Another employee was taken to a hospital for a medical check.

According to the National Transportation Safety Board, there were no mechanical errors discovered on the track or the trains. Investigators from the Occupational Safety and Health Administration are also looking into the deadly incident. OSHA has six months to present a report to the public.

Possible violations Disney could face:
1) Willful (Up to $70,000 fine)
2) Repeat violations (Up to $70,000 fine)
3) Serious (Up to $7,000 fine)
4) Other than serious (Up to $7,000 fine)

OSHA is also looking into another work accident at another amusement park. This incident occurred on July 1 at Universal Orlando's Islands of Adventure theme park right before the park opened. A worker sustained serious injuries when he was struck by a moving vehicle on the Dueling Dragons roller coaster.

OSHA spokesperson Michael Wald says that Universal did not contact them about the work accident, but that they heard about it via a “referral.” Universal is only required to report work accidents to OSHA if there is a death or at least three workers end up with injuries serious enough to warrant hospitalization.

Workers injured on the job or the families of workers killed in Chicago work accidents are likely entitled to Illinois workers’ compensation benefits.

Disney Monorail Accident Was Human Error, Report Says, FoxNews, July 16, 2009

OSHA investigates accident at Universal park, Miami Herald, July 14, 2009

OSHA probes accident that hurt employee, Orlando Sentinel, July 15, 2009

NTSB to probe crash of Disney monorail, Chicago Tribune, July 7, 2009

Related Web Resource:
Occupational Safety and Health Administration

Continue reading " Fatal Work Accident: Walt Disney World Monorail Accident that Killed Worker May Have Been Caused by Human Error " »

An Illinois worker died in an East Alton industrial accident on Saturday. According to the Madison County Coroner’s Office, Michael B. Niswandir was hit in the chest by industrial machinery.

Niswandir’s death is not the only tragic work accident to recently happen involving work machinery. On Monday, a warehouse worker died after getting entangled in a cardboard recycling shredder. An investigation is pending.

Examples of Work Machine Injuries:
• Crushed hands and fingers
• Amputated arms
• Lost fingers
• Eye injuries
• Broken or crushed legs
• Nerve damage
• Burn injuries
• Traumatic brain injuries
• Blindness
• Spinal cord injuries
• Dismemberment
• Wrongful death

Examples of Industrial Machinery that Can Cause Serious Injuries:
• Printing presses
• Power saws
• Cranes
• Tractor-trailers
• Power saws
• Punch presses
• Drills
• Grinders
• Shearing machines

Because of the nature of an industrial worker’s job, catastrophic injuries may make it impossible for the worker to ever go back to work again. This is why it is important that you start receiving the Illinois workers’ compensation benefits that you are owed in a timely manner.

We know how important it is to make sure that you start getting the medical care that you need to treat your injuries and for your family to receive the financial support provided by your job.

Cottage Hills man killed in workplace accident at Olin Brass, BND.com, July 12, 2009

L.A. Worker Killed in Cardboard Recycling Shredder, Fox News, July 13, 2009

Related Web Resources:
Machinery Accidents, Wrong Diagnosis

Department of Industrial Accidents, Labor and Workforce Development

Continue reading " Cottage Hills Worker Dies in East Alton Industrial Accident " »

OSHA is providing tips to employers and workers for how to work safely in hot weather. It is important to know what to do when your job takes place in a hot environments, outdoors, or under direct sunlight so that you don't end up suffering from work illnesses, such as heat exhaustion, heat stress, or heat stroke.

If you are a worker that got sick because of working in hot weather, you are likely entitled to Illinois workers’ compensation benefits. Construction workers, field workers, emergency workers, and industrial workers are just some examples of employees that may be at risk of suffering from a heat-related illness.

Steps employers can take to protect workers from the effects of heat:
• Slowly acclimatize workers to the heat so that they get used to being in such hot temperatures.
• Teach workers about the importance of staying hydrated and provide them cool liquids and water.
• Decrease the physical demands assigned to each worker. You may want to hire relief workers or add more workers to the shift.
• Make sure there are areas that workers can go to recover from the heat; tents with fans or air-conditioned rooms are two possible solutions.
• Consider scheduling the more arduous tasks during the cooler parts of the day.
• Provide workers with (or recommend that they use) clothing intended to minimize heat stress, such as wetted clothing, reflective clothing, or water-cooled-garments.

Conditions that can lead to heat stress:
• High humidity
• Hot temperatures
• Direct heat or sun
• Not enough air
• Physical exertion
• Poor health
• Dehydration

Heat disorders that can occur on the job:
Heat stroke: Symptoms can include convulsions, hot, dry skin, loss of consciousness, very high body temperature. This could lead to death.

Heat exhaustion: Signs can include nausea, dizziness, thirst, headaches, and giddiness.
Heat cramps: Can occur during hard labor.
Heat rashes: Red rashes on the skin.

OSHA offers tips on working safely in hot weather, OSHA, June 22, 2009

Protecting workers from the effects of heat, OSHA Fact Sheet (PDF)

Related Web Resources:
National Institute for Occupational Safety and Health

New Rules for Preventing Heat Illnesses, State Compensation Insurance Fund

Continue reading " Illinois Workers’ Compensation: Preventing Illness and Injury When Working in Hot Weather " »

A Chicago construction worker has been rushed to an Oak Lawn hospital after he was struck by a drunk driver in a construction work zone. The Illinois construction accident occurred today on the Bishop Ford Freeway close to Dolton.

The Chicago work accident took place in a protected work zone on I-94 at around 4:15 am when a 1998 Cadillac pinned the worker to a construction van. The worker sustained two broken legs. The driver of the Cadillac suffered head injuries and was taken to a Harvey hospital.

According to Illinois State Police Chicago Master Sgt. Todd Borisey, the construction worker and the work zone were clearly visible to the motorist, and the cones on the roadway made it clear that there was a protected work zone in the area. The drive could be charged with violating Scott’s Law, which increases penalties if a driver does not yield to emergency vehicles or causes injury to service personnel or public safety workers at roadside emergency scenes.

While construction zones are often marked so that motorists can avoid causing injury to workers, many drivers unfortunately do not realized that they are in a road work area and they need to drive carefully so that no one gets hurt. Just last month, Arnold Placensia, another construction worker, was repairing potholes when a motorist who was driving at a high speed struck him. Placensia died from his injuries as did the driver, Nancy Richards, who struck a large piece of construction equipment after hitting him.

Construction workers injured in work zones are entitled to Illinois workers’ compensation. In addition to workers’ compensation benefits, the injured worker or the family of a deceased construction worker may be able to file a Chicago personal injury or wrongful death lawsuit against a liable motorist, subcontractor, or another negligent party.

Drunk driver strikes construction worker on Bishop Ford, Chicago Sun-Times, July 10, 2009

Construction worker, driver killed in suspected DUI, The Modesto Bee, June 12, 2009

Related Web Resources:
Scott's Law

Work Zone Mobility and Safety Programs, Federal Highway Adminstration

The Illinois Workers’ Compensation has issued its 2008 Annual Report. Highlights of the report include:

• The Illinois 2005 workers’ compensation total injury rate was 58% lower than the 1990 workers’ compensation total injury rate.
• About 250,000 Illinois work-related accidents occur each year.
• The majority of work injury claims don’t require time off work.
• The Illinois Workers’ Compensation is the recipient of some 60,000 of these claims.
• Last year, 57,515 Illinois workers’ compensation claims were filed with the Commission.
• Of these new cases, there were 22,818 Chicago workers’ compensation cases.
• The various Illinois workers' claims noted head injuries, neck injuries, eye injuries, back injuries, shoulder injuries, hand injuries, finger injuries, arm injuries, foot injuries, knee injuries, toe injuries, and leg injuries.
• Of the 59,533 claims that the Commission received during FY08, 51,549 claims were settled, 5,434 were dismissed, and 2,550 resulted in decisions.
• By the end of FY08, some 95,000 cases were pending at arbitration.
• 3,594 arbitration decisions were issued.
• 33% of Illinois workers’ compensation claimants are females—an increase from the 22% of female claimants in 1985.
• 66 employers that did not provide workers’ compensation benefits were ordered to pay $1.8 million in fines to the Insurance Compliance unit.
• These funds pay for the worker benefits that employees working for these uninsured companies would not receive otherwise.

The Illinois Workers’ Compensation Commission is in charge of resolving disputes between injured Illinois workers and their employers over work injury and death benefits. The Commission is supposed to resolve disputes, make sure that employees and employers are protected under the Occupational Diseases Act and Illinois Workers’ Compensation Commission, administer self-insurance, and gather data about work-related diseases and injuries.

If you have been injured in a Chicago work accident, our Chicago workers’ compensation law firm can make sure that you receive all the benefits that your employer owes you.

Illinios Workers' Compensation Commission FY2008 Annual Report (PDF)

Related Web Resources:
Illinois Workers' Compensation Commission

Continue reading " Illinois Workers’ Compensation Commission Received 57,515 Claims in 2008 " »

Last month, the New York Times published an article about three illegal immigrants that were awarded settlements for their construction accident injuries. While many illegal workers living in Illinois and elsewhere in the United States continue to worry that filing a claim for work related injuries could get them in trouble—the outcome of these construction accident cases prove otherwise.

One worker, a 33-year-old plumber from Mexico, settled his construction accident claim for $2.5 million. He sustained scald injuries on his body. Swig Equities, LLC and 44 Wall Owner, LLC were the defendants in his case. The worker was employed by a contractor.

Another worker, a 52-year-old Mexican national, got hurt when a steel beam landed on his foot in January 2004. The worker settled with Beway Realty Corporation and FJ Sciame Construction Company for $750,000.

A third worker, 36 and from Ecuador, fractured his hip and sustained other injuries when three tresses landed on him in August 14, 2007 while he was working on a roofing job. Each of the tresses weighed 200 pounds. He settled his construction accident case against Benjamin Beachwood Ocean Way, LLC, Rockaway Beach Boulevard Construction Company, Benjamin Beechwood Breakers, LLC, and New Visions Construction Corporation for $600,000.

Illinois Workers’ Compensation Benefits for Illegal Workers
Illinois is one of the US states that recognizes an illegal immigrant’s right to obtain workers’ compensation benefits if he or she is injured on the job. He or she can also file a third party claim for personal injury related to the work accident.

Payments for Injuries to Workers Here Illegally, The New York Times, June 17, 2009

Related Web Resources:
Economy Packing Co. v. Illinois Workers' Compensation Commission (PDF)

Illinois Workers' Compensation Commission