Chicago Workers Compensation Lawyer Blog

A state Supreme Court says that SAIF Corp, which handles workers’ compensation benefits, must cover a gastric bypass procedure that an injured worker had to undergo so that he could then get his knee replaced. The worker, Edward G. Sprague, hurt his knee in 1976 while working as a mechanic.

Sprague underwent surgery following the work accident and SAIF compensated him for his medical expenses. Sprague weighed 225 pounds at the time of the accident.

In the last three decades, Sprague’s weight has grown to 320 pounds. He also has arthritis in the knee that he injured. He hurt his knee again in 1999 in a work accident at a bakery.

His physician recommended knee replacement surgery. However, in order to obtain the best results possible, he said that Sprague would have to undergo gastric bypass surgery to get rid of his excess weight.

Sprague’s employer at the time rejected his workers’ compensation claim, citing that the arthritis he experienced was a result of the work injury in 1976. Sprague filed a claim against SAIF. The company had said that the worker’s weight issue was a preexisting condition and it therefore should not have to pay for the gastric bypass procedure.

An appeals court and now the Oregon Supreme Court disagreed with SAIF. The court found that the bypass procedure was related to the worker’s knee condition, which resulted from the 1976 work accident.

If you were injured in an Illinois work accident and your employer’s insurer is refusing to cover the expenses for services and procedures that you need to recover from your injuries, please do not despair. It may be a good idea, however, to retain the services of an experienced Chicago workers’ compensation lawyer who will know how to make sure that you get the work benefits that you are owed.

Gastric bypass to ensure success of second surgery compensable: Court, Business Insurance, August 28, 2009

Oregon Says Workers' Comp Must Pay for Weight Loss, Claims Journal, August 31, 2009

Related Web Resources:
SAIF

Corporation v. Edward G. Sprague, Entry Form, May 18, 2009

A Chicago construction accident has claimed the life of worker Carlos Mayroja. Mayroja, in his late 30’s, was riding a Bobcat that a crane was lifting up seven stories when the heavy machinery fell to the ground, pinning him in the machine. The deadly Chicago work accident took place at the Chicago Housing Authority demolition project located on South State Street.

A crane was required to extricate Mayroja from the Bobcat. He was taken to Northwestern Memorial Hospital and later pronounced dead.

Bobcat Accidents
Bobcats are commonly used at Chicago, Illinois construction sites to move materials and large objects. It is important that a Bobcat operator know how to properly run this piece of heavy equipment to decrease the chances of injury or death.

The Occupational Safety and Health Administration has specific regulations and rules about how to safely operate Bobcats that are used on the job. That said, Chicago construction accidents can happen because of the negligence of the construction company, the construction worker, the machinery manufacturer, or merely by accident and through no one else’s fault.

While an injured construction worker cannot sue his or her employer for personal injury, he or she will likely be entitled to Illinois workers’ compensation benefits. Also, because construction projects tend to involve more than one company participant, there may be parties that can be held liable for personal injury via third party lawsuits. An experienced Chicago construction accident law firm will have the resources, the manpower, and the experience to properly investigate the accident site and evidence so that they can prove liability.

1 dead in S. Loop construction accident, ABC Local, August 18, 2009

Construction Worker Dies After 7-Story Fall, NBC Chicago, July 7, 2009

Injuries Involving Heavy Machinery, Ezine Articles,

Related Web Resources:
Bobcat Safety

The Illinois Workers’ Compensation Commission has awarded workers’ compensation benefits to a mechanic who sustained burn injuries during a work accident. The worker, who was a diabetic, sustained burn injuries to both arms and his abdomen while on the job.

Over six months after the work accident, the mechanic developed a staph infection in his elbow. His infection was treated with antibiotics and he was admitted to the hospital.

The worker claimed that there was a causal connection between his work accident and his staph infection. The doctor of his employer denied that there was a relationship between the two. The physician, however, did acknowledge that because the mechanic had diabetes, he was more likely to sustain a staph infection.

The IWCC adopted the findings of the arbitrator that the Illinois work accident might have or could have been a cause of the staph infection. The commission said that just because the staph infection occurred over six months after the work accident doesn’t mean the two aren’t linked—especially when the worker had open wounds and was suffering from a condition that increased the chances that a staph infection might arise.

Staph Infections
This type of bacteria can be harmless, unless it enters the body, such as through a wound or broken skin. While many types of staph infections are easily treatable, they can prove harmful should the bacteria enter the bloodstream. The heart, lungs, bones, blood, central nervous system, and other parts of the body may become infected.

Illinois Workers’ Compensation
Illinois law requires employers to provide employees with injury benefits. This should, ideally, be a done deal anytime that a worker is injured while doing their job. Unfortunately, incidents will arise when an employer and/or the insurer might try to get out of paying these benefits.

It’s hard enough getting hurt and having to take time off from work so you can deal with recovering without having to worry about how you are going to pay for your medical costs and living expenses, as well as support your family.

There are ways to fight for your right to receive all of the work injury benefits that you are owed.

Mechanic links staph infection to work injury despite diabetes, Risk and Insurance, August 20, 2009

Staff Infections, Mayo Clinic

Related Web Resources:
Illinois Workers' Compensation Commission

Continue reading " Illinois Workers’ Compensation Benefits Awarded to Mechanic Who Sustained Burn Injuries that Developed Staph Infection " »

A worker who was installing a new air compressor wiring died yesterday when he was electrocuted. A subcontractor who worked for the DC metro hired the man. This is not the first electrical accident to cause injury to a worker in the last couple of months.

Last week, a worker sustained burn injuries while working on power lines. The work accident happened while the worker was in a bucket truck and he received an electrical shock.

Also last week, a worker employed by an electrical subcontractor was shocked while working on electrical systems at a construction site. He was shocked unconscious.

In July, two National Guardsmen suffered electrical shock injuries at a Tennessee county fair. According to witnesses, a man was using a control box to elevate a climbing wall, which was part of the National Guard recruiting station, when the control box fell on top of him. Another man who tried to help suffered electrical shock injuries, as did a second person who rushed to help. The two men were transported by air to a hospital.

Our Chicago workers’ compensation law firm knows that it can be hard to regroup after getting injured in an Illinois work accident. It is important that you file your work injury claim with your employer as soon as possible.

Electrical Shock
A person can suffer from shock after coming into contact with an electrical source. If the electrical energy enters the person’s body, he or she could suffer from electrical shock. Burns is the most common kind of electric shock injury. A person might also sustain a spinal cord injury, internal injuries, pain in the foot or hand, broken bones, and electrical mouth burn.

While in some cases, it is obvious that someone has sustained an electrical shock injury, some signs indicating that a person may be suffering from electrical shock include:

• Burns to the skin
• Tingling
• Numbness
• Hearing problems
• Paralysis
• Speech problems
• Unconsciousness

Electrical Worker Killed at Bus Garage, The Washington Post, August 19, 2009

Nixa employee injured in electrical accident, city administrator says, News-Leader, August 12, 2009

Nixa Lineman Shocked, KSPR, August 12, 2009

Related Web Resources:
Electric Shock, EmedicineHealth

Illinois Workers' Compensation Commission

Illinois Attorney General Lisa Madigan and five construction companies in the Chicago area have reached an agreement settling claims she made against them. The defendants, Jerry Ryce Masonry, Inc. Jerry Ryce Builders, Inc., JS Masonry & Stone, Inc., JS Masonary Inc., and JS Masonry & Tuckpointing, Inc., are accused of falsely claiming that their employees were independent contractors when they should have been categorized as full-time workers.

Under the terms of the settlement, the construction firms will no longer employ this practice, which allows companies to get around state labor laws and can deprive workers of unemployment aid, workers’ compensation, and the proper wages.

Each defendant will pay over $79,000, and over the next four years, all five of the construction companies are barred from taking part in construction projects with public companies. Over the next five years, the Attorney General will be allowed to inspect all of the firms to make sure they are in compliance with state labor laws.

Per Illinois law, workers have to be treated as employees unless they fulfill certain requirements that allow them to fall under the category of independent contractor. Misclassifying workers violates the Illinois Whistleblower Reward and Protection Act, the Employee Classification Act, and the Illinois Consumer Fraud and Deceptive Business Practices Act.

Construction Workers and Illinois Workers’ Compensation Benefits
Construction workers often place themselves in dangerous situations on a regular basis just to do their job. It is important that they receive the work benefits that they are entitled to, especially their Illinois workers’ compensation benefits, because they could get hurt, become permanently disabled, or die in an Illinois construction accident. Spinal cord injuries, traumatic brain injuries, burn injuries, electrical injuries, and other catastrophic injuries can happen, and construction workers need all the worker protection and assistance that state law allows.

Illinois AG Settles With Construction Firms Over Worker Classifications, Insurance Journal, August 11, 2009

Related Web Resources:
Employee Classification Act

Illinois Whistleblower Reward and Protection Act

Illinois Consumer Fraud and Deceptive Business Practices Act

Continue reading " Five Chicago-Area Construction Companies Reach Agreement with Attorney General Madigan that Ensures Employees Illinois Workers’ Compensation and Other Benefits " »

The Illinois Appellate Court says that a Circuit City employee who got hurt when helping a co-worker get a stuck bag of chips from a vending machine should receive workers’ compensation benefits. The decision reverses a Circuit Court judge’s ruling that Clinton Dwyer shouldn’t receive work injury benefits.

Dwyer sustained a fracture when, after failing to dislodge the bag of chips by shaking the machine, he pushed into it using his hip and shoulder. He fell.

X-rays show that Dwyer sustained a fractured hip. He went to a Chicago hospital to undergo surgery. Dwyer filed for Illinois workers’ compensation benefits but Circuit City denied his claim.

Citing the “personal comfort doctrine,” the Illinois Workers’ Compensation Commission awarded the work injury compensation to Dwyer. Under the doctrine, certain personal activities designed for a worker’s comfort, such as eating, are covered under Illinois workers’ compensation law.

Circuit City appealed and the McHenry County Circuit Court sided with the company.

The appeals court, however, reversed the circuit court’s ruling. Rather than citing the personal comfort doctrine, the court noted the Good Samaritan Doctrine, which lets a worker step away from his work responsibilities to help another worker. The court also noted that others had experienced problems with the vending machine and said that Dwyer wasn’t in violation of any company policy when he shook the machine.

Illinois Workers’ Compensation Benefits
You generally cannot sue your employer for Chicago personal injury, which is why you are supposed to receive Illinois workers’ compensation benefits if you get hurt on the job. However, there are cases when an Illinois company might decide to deny a worker his or her injury benefits. The best way to make sure that you receive the work injury benefits that you are owed is to have an experienced Chicago workers’ compensation lawyer representing you.

Worker attacked by snack machine sues for comp, Safety News Alert, June 12, 2009

Circuit City Stores Inc. v. Illinois Workers' Compensation Commission (PDF)

Related Web Resources:
Illinois Workers' Compensation Commission

A number of workers got hurt this week in construction accidents that occurred throughout the US.

John Grizo, 36, had to be airlifted to a burn center after he experienced electrical shock at a wastewater treatment plant on Thursday morning. Grizo works for an electrical subcontractor. He was knocked unconscious while working at a construction site and was struck in the head when electricity in a 480-volt panel arced.

Also on Thursday, two other construction workers got hurt when the hydraulic lift they were using tipped over. The workers broke limbs and were transported to a hospital.

On Wednesday afternoon, three construction workers got hurt when a mobile construction machine crashed into temporary steelwork. Three men were thrown to the ground. They were taken to the hospital for what appeared to be minor injuries.

Construction accidents continue to be a major cause of work-related injuries and deaths. According to the Occupational Safety and Health Administration, some of the most common causes of construction citations include:

• Electrical-related issues
• Fall protection and training
• Scaffolding
• Head protection
• Excavations
• Ladders
• General construction safety
• Issues with health provisions

Injured construction workers and their families will likely have Illinois workers’ compensation benefits to cover the costs incurred from Chicago construction accidents. Who is at fault should not be an issue.

It is important, however, that your employer pays you the work injury benefits that you are owed and that you receive them on time. Should a dispute arise, you should speak with our Chicago workers’ compensation law firm about your case.

3 workers hurt in Bay Bridge accident, SF Gate, August 14, 2009

2 construction workers injured at NJ university, Philly.com, August 13, 2009

Man shocked in Holly Springs construction accident, WRAL, August 14, 2009

Related Web Resources:
OSHA

Illinois Workers' Compensation Commission

A woman who used to work for Home Instead Senior Care is suing Gateway Regional Medical Center (also known as Granite City Illinois Hospital Company) for personal injury. Margaret King says the hospital company could have done more to protect her from a patient who attacked her.

King was a sitter who was hired to sit with patient Andrew George Reando. In her Illinois personal injury lawsuit, King claims that Reando attacked her last December without provocation. As a result of the assault, King says she injured her back, neck, and pelvis. She also experienced suffering, pain, and disability and now has medical expenses. She also suffered lost wages because of her injuries.

King says that Gateway should have stepped up security around Reando, who was known to be a risk to others. She also contends that the hospital company should have properly monitored the patient’s medications.

While workers cannot sue their employers for personal injuries sustained on the job, they are usually entitled to Illinois workers’ compensation benefits. That said, there may be other losses that work injury benefits cannot take care of. This is why if you were injured in a work accident you should consult a Chicago injury attorney who can help you with your workers’ compensation claim and any third party injury lawsuits.

Illinois work accidents do happen—even if the job a worker does isn’t typically considered dangerous, a worker might slip and fall, suffer from repetitive strain or back injuries, get sick due to exposure to toxic substances, or become the victim of a violent crime while at the work site or office.

Hospital worker sues after patient attack, The Record, August 12, 2009

Elder Care, AFL-CIO

Related Web Resources:

Home Instead Senior Care

Gateway Regional Medical Center

While we commonly associate work injuries with jobs that require workers to engage in challenging physical labor or in dangerous environments, working in an office can also be a place rife with hazards that can lead to work injuries, including slip and fall injuries and electrical injuries.

If you were injured on the job, you need to contact your employer right away so that you can receive your Illinois workers’ compensation benefits as soon as possible. By speaking with an experienced Chicago workers’ compensation attorney, you can figure out the steps you need to take to make sure that you receive all of the work benefits owed to you.

Most Illinois employers are required to provide workers with workers’ compensation—it doesn’t matter who was at fault.

In the meantime, however, there are preventive measures that can be taken to minimize the chances of slip and fall or trip and fall accidents in the workplace which, according to OSHA, cause 15% of work-related fatalities:

• Make sure that any computer cables are shielded or placed in a location where no one can slip or trip over them.

• If necessary, lift cables, power strips, modems, and other devices off the ground.

• Not only can cable clutter on the ground prove to be a slip and trip hazard, but also it can cause electrical injuries if liquid spills are involved along with human contact.

• Make sure there are fire extinguishers and other safety measures in place. With so many electronic products running at the same time, you never know when a computer may overheat or a fire may break out.

• Consider installing traction floor mats to minimize slip and fall accidents.

• Wrap sharp edges and corners in duct tape or corrugated cardboard to prevent accidental cuts from happening.

In addition to fall injuries, examples of other common office injuries include:
• Injuries from lifting heavy loads or incorrectly lifting a heavy item.
• Injuries caused by bumping into objects or getting hit by falling objects.
• Injuries related to poor ergonomics.

Simple Solutions for Office Hazards, EHSToday.com, March 3, 2008

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

Related Web Resources:
Ergonomics Makes Your Office Work for You, AAPM & R

OSHA

A painter says she sustained serious injuries to her head, shoulders, neck, spine, arms, legs, back, and feet when she fell off a stairwell that did not have railing. Laurie Hilliard was employed by Touched by an Angel when the Illinois construction accident happened on July 30, 2007. The company had been hired to provide trim and paint work at the home.

Injured Illinois workers usually are entitled to obtain workers’ compensation benefits from their employers. However, there also may be third parties that can be sued for personal injury because they are liable for the work accident.

Hilliard’s Illinois personal injury complaint, file last month, names Dan and Elaine Whys, Brandon Wyhs, Wyhsco Construction, Don Waddles, Archway Construction, Don Waddles, and Matt Mallinex as defendants.

The injured worker says the work accident caused her to experience great physical and emotional pain and suffering, loss of normal life, disability, and lost wages. She also has medical expenses stemming from her work injuries.

The plaintiff’s 16-count lawsuit is seeking over $700,000 plus costs and other relief. Hilliard blames Elaine and Dan Wyhs of neglecting to reasonably inspect the premises, failing to note that there was a fall hazard, not exercising enough care to make sure she didn’t get hurt, neglecting to remedy the fall hazard, and failing to properly supervise the work site.

Hilliard says that all of the defendants created a fall hazard when they took off the railing that served as a barricade to the unfinished stairwell.

In June, another Illinois painter was awarded over $2.84 million for a heel injury he sustained during a fall accident at a school construction site. In 2003, William Theiss fell 15-feet while working on a lift that didn’t have a guardrail.

He had to undergo a number of surgeries to treat his injuries and was unable to properly do his job after the Illinois construction accident. After taking into account the issue of comparative negligence, Theiss’s award was reduced to $1.98 million.

Painter sues after falling from unfinished stairwell, The Record, August 5, 2009

Related Web Resource:
Construction Accidents Overview, Justia