Chicago Workers Compensation Lawyer Blog

A construction worker died on Monday after he fell into a water tank. Toby Lynn Gardner, a 35-year-old contract worker, was on a catwalk above the tank when he fell at an International Paper Co. mill.

The linerboard white water tank is three stories high and stores recycled water that the company uses to make paper. The water’s temperature is about 150-200 degrees.

Coworkers failed in their attempts to rescue Gardner and his body was recovered almost an hour and a half after the construction accident.

Gardner was employed by Zachry Construction Corporation.

Also on Monday, a 23-year-old construction workers was crushed to death by a compactor roller at a sewage treatment plant. Joshua Parks was driving the machinery over a pile of dirt when it rolled over him. He died at the construction crash site.

In another fatal construction accident involving machinery on the job, John Thomas Sparks, 51, died on Saturday when he was run over by a dump truck that backed over him. Sparks was working at the construction site as a flagger. He also was pronounced dead at the work accident site. Sparks worked for Mama Joe’s Flagging.

Our Chicago construction accident law firm represents injured construction workers and their families with claims against third parties involved in catastrophic work accidents. Chicago workers’ compensation lawyer Steve Malman can also represent construction accident clients during discussions with employers and their insurers to make sure injured workers receive all of the work benefits that they are owed.

Dump truck runs over Oregon construction worker, Justice News Flash, September 30, 2009

Construction worker killed in Roller Compactor accident, ARI, September 30, 2009

Victim in Monday paper mill accident identified, Enquirer-Herald, September 29, 2009

Related Web Resources:
US Department of Labor

Construction Accidents News, New York Times

A plumber who smashed his hand while moving equipment says his company fired him for filing for Illinois workers’ compensation. Wes Amerson is seeking over $100,000 plus punitive damages over $50,000, in addition to other relief.

Amerson says that on May 8, Mark Eberhardt, doing business as B & W Heating and Cooling, called him while he was in an Alton emergency room after his work accident and tried to get him to report his injury under Eberhardt’s general medical insurance plan as a non-accidental injury.

Amerson says he refused and asked for workers’ compensation carrier information so he could notify his doctor. Amerson claims Eberhardt wouldn’t give him the information. He says that on May 12, Eberhardt called him and inferred that the information the injured worker had written on the accident form was inaccurate. Amerson claims that Eberhardt then fired him for, according to the lawsuit, “asserting his rights under the Illinois Workers’ Compensation Act.”

Amerson says he suffered emotional trauma and lost income because he was fired.

Illinois Workers' Compensation
Your employer is not allowed to fire you because you filed a claim for Illinois workers’ compensation benefits. Most workers who get injured or sick because of their job are entitled to these benefits.

Unfortunately, disputes do arise. An employer may deny an employee's work injury claim or decrease/delay the amount of benefits owed. This is unacceptable, and there are ways to make sure that you receive all of your workers' compensation payments in a timely manner. In some instances, a workers' compensation claim may have to be argued before the Illinois Workers' Compensation Commission. Because injured workers generally cannot sue their employer for personal injury it is very important that they receive their worker injury benefits.

Plumber says he was fired after filing work comp claim, The Record, September 29, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

In Illinois, a railroad worker who used to work as a trackman and machine operator has filed a FELA lawsuit against Union Pacific Railroad Company. John A. Neal says he sustained bilateral inguinal hernias in November 2007. In January 2008, he suffered a herniated disc.

In his FELA lawsuit, Neal says he had to undergo treatment for his hernias and spinal surgery for his back injury. He also says that his job resulted in physical injuries, including loss of agility and muscle strength, excess wear on his lower and upper extremities, permanent loss of physical function in his low back and spine, aggravation to his hypertension, and permanent impairment to his neck, back, arms, shoulders, hands, and groin areas.

Because of his work injuries, Neal claims he suffered mental trauma, physical pain, disfigurement, and loss of enjoyment of life. He says that his injuries have resulted in medical bills.

Neal’s FELA complaint accuses Union Pacific of negligence, including failure to provide him with a safe working environment, failure to warn him about job risks, having him perform tasks that required excessive use of his body parts (for example, using his hands repeatedly without giving him the proper equipment), and giving him unsafe equipment and tools to do his job.

Herniated Disc
A spinal injury or wear and tear can cause a herniated disc. Symptoms include weakness, pain, and numbness. Depending on the severity of the herniated disc, recovery can take a few weeks or several few months. In some cases, surgery may be required.

Hernia
Fatty tissue or an organ coming out through weak spot or a hole in the fascia or muscle might be a hernia. This can be painful and decrease a person’s mobility. A hernia can prove dangerous if medical complications result.

Some railroad injuries occur during work accidents while some may gradually develop over time because of the repetitive and/or strenuous tasks a railroad worker may be expected to perform. Work injuries may prevent the railroad worker from being able to do his or her job.

The Federal Employee Liability Act offers compensation to railroad workers who got sick or were injured while performing their duties. Unlike Illinois workers’ compensation, which most other workers can avail of, an injured railroad worker has to prove that his or her employer’s negligence contributed to the injury, illness, or death.

Railroad worker claims hernia problems in FELA suit, The Record, September 23, 2009

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

Understanding Hernia - the Basics, Web MD

Herniated Disc - Topic Overview, Web MD

In Illinois, most workers are entitled to workers’ compensation benefits for work-related injuries, illnesses, and deaths. State law mandates that employers provide workers with this coverage in the event of a work accident. It doesn’t matter who or what caused the injury accident.

Unfortunately, obtaining Illinois workers’ compensation isn’t always easy.

On September 15, Brian Elkins filed a lawsuit against Eagle Express Lines, Inc. The trucking company hired the truck driver on April 26, 2008.

Elkins hurt his back while on the job On October 25, 2008. Because of the work accident, he was unable to do his job. He filed an Illinois workers’ compensation claim to receive benefits.

Last June, the trucking company fired him because he failed to reveal certain information about his medical history. Elkins, however, says that he was fired because the company wanted to get back at him for filing a workers’ compensation claim. As a result, the truck driver has lost benefits and wages. He also suffered emotional trauma and has not been able to fully enjoy his life.

Illinois Workers' Compensation
An Illinois workers’ compensation lawyer can deal directly with your company’s insurance company for you and push for you to receive all of your benefits in a timely manner. In the event a dispute arises that requires arbitration, your workers’ compensation law firm can protect your rights and fight for your interests. In certain cases, an Illinois workers’ compensation case may end up in front of the Illinois Workers’ Compensation Commission and possibly even the Illinois court system. Having a work injury attorney who is on your side can only be to your benefit. It is important that you receive all of the work injury benefits that you are entitled to under state law.

Truck driver says he was terminated after work comp claim, The Record, September 21, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

State Employee Illinois Workers' Compensation Commission Awards Act, Illinois General Assembly

A Chicago work accident left one demolition worker with minor injuries after he survived a roof collapse incident at a Menard’s store in Hoffman Estates on Tuesday afternoon. A demolition was taking place at the building.

The worker, 45, became trapped in a three-foot high pocket after the roof fell during the demolition. It took crew workers nearly an hour to stabilize part of the roof and cut out a space that the man could use to escape. He was transported to a local hospital and treated for minor injuries. According to Arlington Heights police, the fact that the man got caught in the “pocket” prevented him from sustaining more serious injuries.

Whether a work site is one designated for construction or demolition, it is important that the proper safety measure are implemented to protect construction workers and demolition workers. Structural collapses can cause serious injuries to workers and people passing by the site. Having a roof collapse is a serious matter, and victims have been known to sustain broken bones, back injuries, neck injuries, nerve damage, internal injuries, disfigurement, amputation, and traumatic brain injuries. In some cases, Chicago demolition accidents can prove fatal.

Common causes of demolition accidents include:

• Premature structure collapse
• Hazardous substances
• Someone accidentally knocking into the structure
• Falls from elevated areas
• Premature detonation

Demolition workers who are injured during work accidents need to file their Chicago workers’ compensation claim right away.

Demolition worker rescued after northwest suburban building collapse, Chicago Sun-Times, September 22, 2009

Worker rescued in Hoffman Estates roof collapse, Chicago Breaking News, September 22, 2009

Related Web Resources:
National Demolition Association

Demolition Magazine

Continue reading " Chicago Demolition Worker Survives Roof Collapse Accident with Minor Injuries " »

The Illinois Department of Labor is getting a $1.5 million federal grant from the United States Department of Labor Occupational Safety and Health Administration. The money will supplement IDOL’s safety and health programs that are there to provide protection to employees who work in the public sector. Government workers, state employees, police officers, school teachers, transportation workers, and firefighters are among the public employees that fall under this category.

It is very important that workers are protected while on the job. Illinois workers’ compensation is available for employees who are hurt or get sick as a result of work-related circumstances, but that doesn’t mean that employers shouldn’t exercise all necessary precautions and implement the steps required to protect workers from injuries and a hazardous health conditions.

The federal funding provided by OSHA will go toward:
• Reducing the number of Illinois work injuries and deaths, especially in high-risk fields such as law enforcement and transportation.
• Increasing the number of field inspectors and support employees so that more onsite inspections can take place.
• Providing more education and information about workplace safety and health challenges so that employees and employers are both more aware.
• Developing a consultation program to help workers create and maintain a safe work environment so that injuries are less likely to happen.

A worker injured on the job may have to take time off work, incur significant medical and recovery expenses, and may even have to give up working entirely if the injury or illness is serious enough that permanent damage or disability results.

You can’t sue your employer for personal injury so it is important that your receive all of the Illinois workers’ compensation benefits that you are owed.

llinois Receives $1.5 Million in Matching Grants from Occupational Safety and Health Administration, Illinois Gov, September 1, 2009

Related Web Resources:
OSHA

IDOL

IWCC

Continue reading " OSHA to provide Illinois Department of Labor with $1.5 million grant to improve safety and health for public workers " »

A jury has awarded the family of Francisco Moreno Garcia $6.7 million for his Illinois wrongful death. Garcia was employed by ECF Inc. when he died from injuries he sustained during a work accident while insulating pipes at an ADM facility. The defendant in the third party lawsuit is Archer Daniels Midland Co.

A machine located close to where he was working malfunctioned, spraying him with steam and hot liquid. He was ushered into a safety shower, but even as his clothes were taken off him, his skin was coming off. According to the Sagamon County coroner, Garcia had burn injuries on more than nearly 90% of his body.

While state law prevents a worker from suing his or her employer for Illinois personal injury, an employee (and his or her family) is entitled to Illinois workers’ compensation benefits in the event of injury or death. The victim and family members can, however, pursue personal injury or wrongful death recovery from a negligent third party. In this particular case, ECF was Garcia’s employer and ADM is the third party.

Garcia was 26 when he died.

Third Party Lawsuits
In Illinois, third party lawsuits are usually filed in Federal or Circuit court. Recovery from a third party claim can be significant if the injuries are serious. The statute of limitations for filing a third party lawsuit is two years from the date of the work accident.

If you were injured in a work accident, you should notify your employer as soon as possible that you are entitled to Illinois workers’ compensation benefits. You should not, however, attempt to resolve your third party dispute without talking to a Chicago injury lawyer. Your Chicago workers’ compensation attorney can make sure that you receive all of the work injury benefits that you are owed.

Ill. jury awards $6.7 million to family of man killed in ADM accident, The Gaea Times, September 16, 2009

Related Web Resources:
Archer Daniels Midland Co.

Accident Report Forms, Illinois Workers' Compensation Commission

According to the UCLA Institute for Research on Labor and Employment, the Center for Urban Economic Development, and the National Employment Law Project, many low-wage employees are the victims of workplace abuse. One of these abuses is that many of them are denied workers’ compensation benefits even when they are injured on the job.

According to a survey conducted in 2008, of the nearly 4,400 low-wage workers surveyed in Chicago, New York, and Los Angeles, only 8% of the participants who sustained work injuries filed claims for workers’ compensation. Only 6% of the injured workers were given benefits to cover their medical bills.

Also, 2/3rds of survey participants say they had experienced some form of wage violation, including getting paid less than the minimum wage or not getting the correct overtime rate (or even any additional payment) for working beyond their shifts.

Immigrants, people of color, and women, as well as workers hired in private residences or in the garment industry, seemed at highest risk of becoming victims of workplace abuse. Examples of positions considered "low-wage" include dishwasher, busboys child care provider, security guard, and textile worker.

Many low-wage workers—especially “front-line” workers—are not natural born citizens. Many of them are in the US illegally. This can place them at the mercy of an employer knows the worker might be too scared to report the abuse.

Workers in the United States have certain rights. Even if you are an undocumented worker who was injured while doing your job, you may be entitled to work Illinois work injury benefits. An experienced Chicago workers’ compensation law firm can help you with your case.

Down and Out, The Washington Post, September 8, 2009

How the Lowest Paid Workers Get Ripped Off, US News, September 3, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Read the Report (PDF)

The Occupational Safety and Health Administration is proposing a $275,000 fine against a Lombard, Illinois company for numerous safety and health violations that could cause serious injury to workers. In this case, the company Metal Improvement Co. was doing business as E/M Coating Services.

Although a worker injured on the job generally cannot sue an employer for personal injury, he or she is usually entitled to Illinois workers’ compensation benefits regardless of who was responsible for causing the work accident. This, however, does not mean that companies are allowed to become careless and violate standards of safety and health that are there to protect workers.

According to OSHA, E/M Coating Services committed 10 serious and six repeated violations. Safety hazards involved fire hazards in a spray booth, the absence of a sprinkler system in the booth, electrical and equipment concerns, incorrect oxygen cylindrical storage, fall protection deficiencies, inadequate personal protective equipment, no shower and emergency eyewash facilities, violations involving confined entry space, and respirator equipment fit issues.

Because of the nature of their jobs, many workers in the metal treatment industry and other industrial fields are exposed to working conditions that could cause injury or prove hazardous to their health unless the proper safety and health precautions are in place.

If you are a worker injured on the job or you believe that your illness was caused by conditions in your place of work, a good Illinois workers' compensation lawyer can help you consider your options.

Illinois Company Fined $275K for Workplace Safety Violations, September 11, 2009

Lombard metal coating company cited for workplace safety issues by OSHA, WQAD, September 5, 2009

Related Web Resource:
Occupational Safety and Health Administration

Continue reading " OSHA Fines Illinois Company $275,000 for Workplace Safety Violations that Could Cause Worker Injuries " »

A former conductor and brakeman for Union Pacific is suing the railroad company for the pancreatic cancer he says he sustained while on the job. Brad Thompson worked for Union Pacific from 1984 – 2009.

In his Illinois railroad worker lawsuit, Thompson says that he was exposed to toxic materials, including asbestos, diesel exhaust, and second-hand smoke from cigarettes. He says it was exposure to these toxic substances that caused him to develop pancreatic cancer.

Thompson says that his cancer has resulted in income loss, pain and disability, extreme nervousness, and mental trauma. He is seeking over $100,000 plus costs.

Thompson’s Illinois railroad work accident complaint accuses the defendant of failing to provide him with safe equipment and a safe workplaces and blames the railroad company for exposing him to numerous toxic substances and, at the same time, not warning him about the toxins’ dangers while routinely exposing him to unsafe work practices.

Due to the nature of their work, some railroad workers have been exposed to certain hazardous substances, such as asbestos, diesel exhaust, benzene, radioactive substances, while on the job that can later result in serious health issues, including injury, illness, disease, and even death.

Obtaining compensation from an employer for your railroad worker injury is a different process than filing for workers’ compensation recovery for injuries sustained because of work accidents in other professions. The best way of ensuring that you receive the maximum recovery you are owed for your FELA claim is to speak with an experienced Chicago railroad work injury law firm today.

In some cases, it may take years for a railroad worker-related injury or disease to fully manifest. At this point, full recovery may no longer be possible and damage to the worker may be severe and/or permanent.

Former Union Pacific worker claims pancreatic cancer in lawsuit, The Record, September 8, 2009

Related Web Resources:
Asbestos and Railroads, Mesothelioma

Union Pacific

According to the National Council of La Raza, Hispanic workers have the highest death rate from injuries sustained while on the job. The group’s report, called “Fractures in the Foundation: The Latino Worker’s Experience in an Era of Declining Job Quality” notes that the Latino worker death rate—at 4.6% for every 100,000 workers—is higher than the fatality rate in the US and in many developing countries.

The report also stated that Hispanic workers are the lowest paid, have a greater chance of becoming the victims of wage theft, and are likely to deal with more dangerous conditions on the job than any other group of workers.

Some of the other findings in the report:
• Per the US Census Bureau, nearly 400,000 Hispanics became part of the country’s workforce last year.
• Since 2003, the Occupational Health and Safety Administration has reported a 6.4% increase in violations of regulations and standards.
• 426,000 Hispanic workers are employed in the agriculture industry.
• In 2007, 937 Latinos, most of them immigrants, died from work-related injuries.
• Many employers try to get out of being in compliance with labor laws because they know the chances they will get caught are low. Lack of compliance can expose workers to dangerous working situations that can lead to injury or death in the event of a work accident.

Ted Smucker, of the Interfaith Worker Justice in Chicago, notes that immigrants are especially vulnerable to issues affecting the US workforce.

The report wants the Department of Labor and Congress to increase the number of investigators tasked with enforcing labor law in high-risk work industries, including those involving farming, construction, factories, meat packing plants, and poultry packing plants.

Our Chicago workers’ compensation law firm is committed to making sure that our injured worker clients receive all of the work injury benefits that they are owed following an accident on the job. Unfortunately, some insurers will try to get out of paying work benefits if they can.

Workers have rights and one of those rights is the right to receive Illinois workers’ compensation benefits in the event or injury or death.

Read the NCLR Report (PDF)

Related Web Resources:
National Council of La Raza

OSHA

US Department of Labor

Interfaith Worker Justice

Rehkemper and Sons is suing its insurance provider for refusing to provide an employee with Illinois workers’ compensation benefits. The worker, Michael Gray, was hurt during a work accident on August 8, 2005.

Gray claims that the work accident caused him to injure his back, neck, and arms. He filed a work injury claim to receive workers’ compensation benefits. Rehkemper submitted the claim to its insurer, Indiana Lumbermens Mutual Insurance Company. Rehkemper, a roof and floor trussing company, says that per its policy with Indiana Lumbermens, bodily injury per work accident is covered up to $500,000.

Indiana Lumbermens, however, has said it will not cover Gray’s claim.

Now, Rehkemper’s lawsuit wants an Illinois court to find the insurer in breach of its insurance policy. It is also asking that the defendant be made to defend and indemnify the plaintiff from the workers’ compensation claim that Gray has filed.

Rehkemper says that its policy with Indiana Lumbermens gives the roof and floor trussing company the right to secure the insurer’s defense if Rehkemper is targeted by work injury claims that are covered under the policy. Gray’s workers’ compensation complaint is currently pending before the Illinois Workers’ Compensation Commission.

Unfortunately, time and again, there are workers who are denied their Chicago workers’ compensation benefits by an employer and/or its insurance company. Workers need their workers’ compensation benefits in order to pay for the medical and recovery costs, as well as living expenses, incurred from injuries sustained on the job.

Rehkemper and Sons sues over denied work comp case, St. Clair Record, September 3, 2009

Related Web Resources:
Indiana Lumbermens Mutual Insurance Company

Rehkemper and Sons

Illinois Workers' Compensation Commission

Continue reading " Company Sues Insurance Company for Denying Illinois Workers’ Compensation Benefits to Employee " »

A railroad worker says that he injured his neck spine arms, wrist, and hands while working for Union Pacific Railroad Company. Tyron Jourdan says that for years, the railroad company made him work with equipment that was ergonomically unsafe. Jourdan is suing Union Pacific Railroad Company for his railroad worker injuries.

The railroad worker says he has worked for the railroad company since 1969. In his railroad worker injury lawsuit, Jourdan says that he had to use tools that were not designed in an ergonomically correct manner. As a result, the work he did with them while on the job has caused him to develop musculoskeletal disorders.

Jourdan says that Union Pacific was negligent. The railroad worker is accusing the railroad company of making him perform tasks that required that he maintain awkward physical postures while he used his wrists, hands, neck, arms, and spine in a forceful and repetitive manner.

Jourdan says he has had to undergo surgery because of his injuries. He also has suffered serious physical pain and suffering in addition to emotional and psychological trauma. He claims that he has lost wages and fringe benefits while incurring medical expenses to treat his work injuries. He says that his impairment is permanent.

Unlike other occupations that provide Illinois workers’ compensation benefits to injured workers, regardless of who caused the work injury, railroad employees have to prove that fault on the defendant’s part.

In addition to injuries sustained during train accidents, ergonomic-related injuries is a common type of work injury that railroad workers are citing in their claims these days. The best way to insure the maximum recovery possible from your FELA lawsuit is to contact an experienced Chicago railroad worker injuries lawyer about your case.

Ergonomically unsafe equipment caused injuries, suit claims, The Record, September 2, 2009

Related Web Resources:
Whole Body Vibration-Related Ergonomic Study of US Railroad Locomotives and Operators, Whole Body Vibration

Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined, Cornell.edu