Chicago Workers Compensation Lawyer Blog

A boilermaker who says he was injured in a work accident is suing two companies for Illinois personal injury. Ronald McMillan was working at Conoco Phillips refinery on November 20, 2008 when a welding machine with a jack stand that he was moving collapsed, crushing his left foot.

McMillan is suing Miller Welding and Iron Works and DJ Miller Enterprises. He is alleging negligent design of a machine that had a jack stand that wasn’t strong enough to support it and the failure to warn of possible hazards. McMillan is seeking over $200,000 plus costs.

McMillan says the Illinois work accident caused him to suffer permanent and serious disabilities, experience great mental and physical pain and incur medical expenses. Because of his inability to work he contends that he lost significant income.

Illinois Workers’ Compensation
As an injured worker, you are likely entitled to Illinois workers’ compensation benefits from your employer. You may even be able to sue third parties that were responsible for your work injuries for personal injury compensation.

Illinois workers’ compensation usually entitles injured workers to compensation for all necessary medical services, including first aid, surgeries, hospital services, and doctors visits to heal or relieve the injury or illness. Benefits for disabilities and time taken off work are also provided. While you cannot sue your employer for personal injury, liable third parties are not exempt from being sued for personal injury or wrongful death. Obtaining injury compensation from these responsible parties may be critical--especially if your injuries are catastrophic.

Jack stand collapses, boilermaker claims in suit, The Record, November 23, 2009

Related Web Resources:
Illinois Workers' Compensation Benefits, Malman Law

Risk and Insurance Online

A worker was killed on Friday when the semi-trailer he was driving made contact with power lines at a demolition site. Gary D. Colvin was 48. According to police, Colvin suffered electric shock as he was exiting the truck, which was dumping a load of metal at a demolition site.

Unfortunately, Colvin was not the only worker to die from electric shock last week. On Wednesday, 59-year-old James Bea was pronounced dead when he was electrocuted while removing temporary lighting. Another worker, age 24, sustained critical electrical burn injuries.

The catastrophic work accident occurred when workers came into contact with a power line.

Electrocution Accidents
Electrical shock accidents can be very dangerous for workers. Electrical burns, kidney failure, neurological problems, blood clots, muscle tissue damage, eye injuries, and instant death are some of the more serious injuries that can result.

Most workers are entitled to obtain Illinois workers’ compensation whenever they are injured at work. It doesn’t matter who or what caused the work accident. This should make it easier for everyone involved. The worker gets paid work injury benefits (or the family of a deceased worker receives death benefits) and the employer doesn’t have to contend with an Illinois personal injury complaint or wrongful death lawsuit.

Unfortunately, there are instances when an employer and/or the insurer will attempt to deny or delay a work injury or death claim.

Arlington County employee electrocuted, Washington Post, November 26, 2009

Ohio man fatally shocked at Ind. demolition site, Chicago Tribune, November 27, 2009

Related Web Resources:
Workers' Compensation, Justia

OSHA

Continue reading " Electrical Shock Accidents on the Job Result in Two Worker Deaths and One Injury " »

A tragic work accident claimed the life of Nicor utility worker in Naperville, Illinois on Monday. Gary Cichy died after being pinned under a backhoe that toppled on top of him.

According to the Will County Sheriff’s Office, the excavator flipped over when it was struck by a white Isuzu box van that drove off the road. Cichy, 52, sustained critical injuries from the Illinois work accident.

Fog made it impossible for emergency workers to fly him to the hospital. Instead, an ambulance transported Cichy to Edward Hospital where he later died. Work signs, Nicor vehicles, and cones had been setup to mark off the work area.

Police are investigating what caused the truck driver to go off the road. Yesterday, a spokesperson for the Will County sheriff’s office announced that charges will likely be filed against the van driver.

In addition to receiving Illinois workers’ compensation benefits, workers who were injured or got sick on the job may also be entitled to personal injury compensation from liable parties that are not the victim’s employer.

Getting pinned by heavy machinery can be catastrophic for a worker, who may have sustained a spinal cord injury or other serious injuries, such as crushed bones and organ damage during this type of work accident. The injured worker may no longer be able to work. He or she may even die from such serious injuries.

Charges coming in crash that killed Nicor worker, Chicago Breaking News, November 24, 2009

Nicor worker killed in Naperville truck-earth-digger collision, Daily Herald, November 23, 2009

Related Web Resources:
Illinois Industrial Commission

Illinois Department of Labor

Continue reading " Naperville, Illinois Work Accident Claims Life of Gas Company Employee " »

According to the General Accounting Office, the Occupational Safety and Health Administration can’t accurately verify all illness and injury cases requiring time off work that have been reported by employers. While OSHA audits illness and injury records of some 250 out of about 130,000 worksites, OSHA cannot verify all of the injury reports’ details.

The GAO says this is because OSHA doesn’t gather all of the information it can get about work illnesses and injuries from workers. The GAO discusses these concerns in its report Enhancing OSHA’s Records Audit Process Could Improve the Accuracy of Worker Injury and Illness Data.

While OSHA isn’t obligated by regulation or law to verify data during records audits, the GAO says asking workers about their work injuries and illnesses during these audits may give OSHA valuable data. Right now, OSHA doesn’t audit employer records for approximately two calendar years. By that point, a worker who was sick or injured and had to take time off work may not longer be with the company or may have forgotten the specifics of the work accident or incident that led to the injury or illness.The GAO says OSHA should add eight more industries, including amusement parks, rental centers,and industrial launderers, to to its high-hazard industry list.

Employers that have under 11 employees and those in low-hazard industries do not have to report or record an incident to OSHA unless someone dies or at least three worekrs are hospitalized. This means that some 83% of all workers are exempt.

GAO says some employers can pressure their injured or sick workers to underreport work incidents in an attempt to avoid having to pay work injury benefits. Bonuses can be based on safety records and a worker may be afraid of getting fired if he or she files a workers' compensation claim.

Also, a 2006 study by two researchers from University of Illinois-Chicago say that OSHA’s changes redefining illnesses and injuries have allowed employers to interpret incidents in a more narrow manner. The researchers say the decline in illness and injury rates is linked to this.

The Bureau of Labor Statistics says there were 3.7 million work injury and illnesses and 5,071 work-related deaths in 2008.

Illinois Workers’ Compensation
Our Chicago workers’ compensation law firm are committed to obtaining for our clients all of the Illinois workers’ compenstion benefits they are owed. Employers are not allowed to deny a worker his or her compensation for work-related injuries or illness. Workers can’t sue their employer for personal injury or wrongful death and they need to obtain their work injury benefits. Proving fault is not a requirement of being able to obtain Illinois workers' compensation benefits.

OSHA Misses Injuries and Illnesses, GAO Says, OMB Watch, November 24, 2009

The Report Summary

Related Web Resources:
General Accounting Office

OSHA

A 27-year-old construction worker died on Tuesday after an embankment at the site he was working at collapsed on him. According to police Gabe Koenigsfeld was unloading wall forms when he was buried in dirt and sand.

The other workers dug him out in about four minutes but he was not breathing or responsive. Koenigsfeld was later pronounced dead. He and his wife were expecting their first child.

The following day, Jerry Pell, a 51-year-old worker, sustained fatal injuries when the Sky Trak that he was riding tipped over. Pell was in the forklift vehicle’s cage when the construction accident happened. He fell at least 20 feet, sustaining heavy neck and head trauma during his fall accident. He was working for David C. Bos Homes when the deadly work incident happened.

Last Friday, 27-year-old Matt Megginson died from injuries he sustained during a forklift accident. The construction worker reportedly lost control of the vehicle, which overturned and pinned him.

That same day, construction worker John Borovicka died in another forklift accident at a construction site on the Quinnipiac University campus. The 58-year-old was fatally injured when a forklift that was moving in reverse struck him.

On November 11, a 35-year-old construction worker died during an aerial lift accident. Ryan Goodman and Shane Wagener, 30, were riding a lift basket when the lift tipped over. The two men were some 50 feet off the ground when the work accident happened. Wagener was seriously injured.

Illinois Workers’ Compensation
It is important that you submit your Illinois workers’ compensation claim as soon as possible.

SLT man dies after construction accident, GrandHaven Tribune, November 19, 2009

SD construction accident victim identified, Chicago Tribune, November 18, 2009

Forklift kills worker at Burris Logistics, Justice News Flash, November 18, 2009

Man Dies In Construction Accident At Quinnipiac University, Courant.com, November 14, 2009

O&G worker killed in freak accident, The Register Citizen, November 13, 2009

Fatal construction accident at arts center is under investigation, The Kansas Star, November 11, 2009

Related Web Resources:
Construction Accidents, Justia

US Department of Labor

Continue reading " At Least 5 Construction Accident Deaths Reported in the Last 10 Days " »

Millions of American workers may be at risk of repetitive motion injuries from doing their job. Typing on a computer keyboard, ringing up numbers on a cash register, and text messaging coworkers about work-related issues can take a toll after awhile, making the employee susceptible to musculoskeletal disorders, nerve damage, epicondylitis, bursitis, arthritis, trigger finger, tenosynovitis, neck injuries, shoulder injuries, carpal tunnel syndrome, repetitive strain, back pain, visual fatigue, and other painful and debilitating injuries that can lead to permanent disabilities.

Unfortunately, in the rush to accomplish deliverables and meet deadlines, a worker may forget to make sure that he or she is positioned in an ergonomically correct manner when getting the job done. His or her employer also may not have provided the proper work set up and tools to minimize the chances of repetitive motion injuries.

Fortunately, most workers are entitled to Illinois workers’ compensation benefits, which are supposed to guarantee employees injury benefits in the event of a work injury.

Repetitive strain injuries may sound like a mild condition but the damage they can cause to the body can be cumulative and serious. A worker with a severe repetitive motion disorder may have to undergo surgery, extensive physical therapy, and rehabilitation. If there is permanent physical damage, the worker may not be able to do his or her job at full capacity, which can result in lost wages.

Signs of repetitive motion disorders include:

• Numbness
• Pain
• Swelling
• Tingling
• Weakness in the affected body part
• Loss of flexibility

IIs your job a real pain? You can avoid aches and injuries at the office, Jacksonville.com, November 17, 2009

Repetitive Motion Disorders Information Page

Related Web Resources:
Typing Injuries Resources, LiveOffice.com

Repetitive Strain Injury

Continue reading " Repetitive Motion Injuries Continue to be A Very Real Concern for Office and Store Workers " »

A railroad worker is suing BNSF Railway Company for spinal injuries he says he sustained on the job. Gary Bremer, who has worked as a conductor since 1979, says he has cumulative spinal and low back trauma because of the work he did for BNSF.

While doing his job, Bremer has ridden on locomotives and other equipment that he claims caused the excessive stress injuries. In his Illinois railroad worker injury lawsuit, he is accusing BNSF of neglecting to provide a safe working environment, safe equipment, safe working conditions, and safe working methods. He also says the railroad company neglected to decrease the degree of cumulative trauma exposure, exposed him to the trauma, and failed to inspect his work injuries.

In another Illinois railroad worker injury lawsuit, this one involving injuries sustained during a trip and fall accident, former Union-Pacific Railroad Company worker Phillip Roberts says that the railroad company neglected to award him damages for the disfigurement he suffered during the work accident, as well as for his lost wages.

Roberts worked for Union-Pacific as a trackman. He hurt his lower back when he tripped on a wire that was extended along the company’s railroad tracks. He had to undergo surgery.

Union Pacific argued that the trackman had been warned about the trip hazard. The railroad injury case went to trial and a jury found Roberts 50% liable. They awarded him $250,000 of $500,000 but did not award damages for his disfigurement.

Roberts is seeking a new trial. He claims the jury neglected to award him damages for his disfigurement and that the award he received for economic damages is too low.

Illinois Railroad Worker Injuries
Railroad workers are susceptible to injuries when doing their job. While some injuries can happen instantly, such as those that are sustained by workers during a train crash or a work-related blast, many injuries are cumulative and can become progressively worse over the years. Back injuries, soft tissue damage, and repetitive strain-related issues are some of the painful and damaging injuries that can result.

Most railroad workers are covered by the Federal Employee Liability Act. They can file a FELA claim for injuries.

Spinal injuries claimed in worker's suit against BNSF, The Record, November 18, 2009

Plaintiff asks for new trial in railroad slip and fall, The Record, November 13, 2009

Related Web Resource:
FELA Quick Facts, EzineArticles.com

BNSF Railway Company

Union Pacific

An Illinois roofing company manager has been ordered to serve 30 days in jail after pleading guilty to obstructing the Occupational Safety and Health Administration’s probe into a worker’s death. The charges that Moline resident Stephen Vynke agreed to plead guilty to are one count of making false statements related to the work accident probe and two felony counts of obstructing pending proceedings.

Vynke must also pay a $5,000 fine. He is to spend two years under supervised release.

A 36-year-old worker with Winter's Architectural Roofing Company died on October 10, 2007 after falling 16 feet from the roof of a building he was working on. Vynke admits that he set up safety fall protection after Walter L. "Boe" Whipple's fall accident and made false statements when speaking to OSHA.

Fall accidents, including falls from roofs, cranes, scaffolding, elevated heights, and slip and fall accidents, continue to be common causes of work injuries or deaths.

Companies are supposed to make sure that safety measures are in place so that workers are protected from hazardous conditions that could result in injury or death. However, in Illinois, it shouldn't matter whether the employee or the employer was at fault for causing the work accident if the employee is entitled to Illinois workers’ compensation benefits.

Filing your work injury claim as soon as possible is the first step to obtaining your benefits.

Manager at Illinois Firm Sentenced for Obstructing OSHA Investigation, Claims Journal, October 21, 2009

Vyncke pleads guilty to covering up safety violations, Quad Times, May 22, 2009

Related Web Resources:
OSHA

Benefit Rates, Illinois Workers' Compensation Commission

Continue reading " Illinois Manager Obstructed OSHA Investigation into Worker’s Fall Accident Death " »

A work accident involving a forklift and a heavy crate has left one worker with a crushed leg. The construction accident happened on Thursday while ADI Marketing Inc. workers were unloading the wooden objects.

While workers were using a forklift to move the bigger boxes, one of the crates fell on a worker, pinning him to a truck. His leg was crushed during the construction accident.

Also on Thursday, a construction worker was killed when he was run over by a truck. Police declared 57-year-old flagger Carroll Michael Rehmert dead a the work accident site. Rehmert was stopping traffic when the construction truck, driven by Anthony Wayner Lamburn, 37, backed over him. The flagger was pulled into the vehicle’s rear axle.

Lamburn panicked, and he attempted to put the vehicle in drive. This caused the truck to accidentally crush Rehmert.

Crush injuries are often catastrophic and can cause permanent if not fatal damage to the victim. While employees generally cannot sue their employers for personal injury, they are usually entitled to Illinois workers’ compensation and they can sue other responsible parties for damages.

The construction industry can be dangerous for workers and many injuries can render a victim unable to work for life. This is one reason it is so important that you consult with a Chicago construction accident lawyer about your case so that you are aware of all your legal options.

Multiple parties may even be liable for your construction accident injuries, such as the construction company, an engineering company, machinery manufacturers, building architects, project designers, insurers, and others.

Construction Worker Killed in Buckeystown, Your4State, November 6, 2009

Construction worker’s leg crushed by falling wooden crates!, New York Injury News, November 10, 2009

Related Web Resources:
Construction Accidents, Justia

Occupational Safety and Health Administration

Continue reading " Construction Accidents Result in Serious Crush Injuries for Two Workers " »

A construction worker died on Saturday in a highway work zone. According to Chicago Ridge police, flagger Joseph Bartkowiaki was fatally injured when a gravel truck that was heading for Crowley-Sheppard Asphalt hit him. Joseph Bartkowiaki worked for the company. Stanislaw Wdowikowski, also 56, was driving the gravel truck.

Bartkowiaki was directing traffic in an area were the company was repaving the street. Wdowikowski says he thought that the flagger was directing him to go forward, but witnesses say that wasn’t the case.

The truck driver struck the construction worker. He stopped his large truck when he heard people yelling at him. Wdowikowski backed up too far, striking Bartkowiaki again.

Police cited the truck driver for failing to stop for a flagger.

The National Work Zone Safety Information Clearinghouse reports that there were 31 Illinois motor vehicle crashes in construction/maintenance zones in 2008. Workzonesafety.org is reporting 5 Illinois road construction site deaths for that year.

In some cases, the victim is a motor vehicle occupant. In other instances, the victim is a construction worker who was doing a job in the work zone.

The parties in charge of the construction/maintenance zone must implement that all safety precautions are in place to decrease the chances of a worker getting injured or a motor vehicle accident happening. Failure to exercise this duty of care can be grounds for a Chicago injury lawsuit. Construction workers injured on the job are likely entitled to Illinois workers’ compensation benefits.

Common causes of construction zone accidents:

• Distracted drivers
• Equipment and machinery defects
• Poor barricade placement
• Warning signs that are not easily visible
• Inadequate worker training
• Machinery accidents
• Motor vehicle accidents

Construction worker dies in accident, Southtown Star, November 1, 2009

Construction worker struck and killed by truck, Chicago Breaking News, October 31, 2009

Related Web Resources:
WorkZoneSafety.org (PDF)

Federal Highway Administration

Continue reading " Chicago Work Accident: Flagger Dies From Truck Accident Injuries Sustained in Highway Construction Zone " »

In Illinois, two gas plant workers were injured at a St. Elmo gas plant last Wednesday when a fire broke out. The Natural Gas Pipeline Company believes the fire started while welding was taking place on a ground storage tank that was holding natural gas. Witnesses say a number of blasts occurred as a result of the fire.

The two workers who got hurt were the ones engaged in the welding work. Investigators say the 10,000 gallon tank was supposed to only contain oil and waste water. They are trying to determine where a mistake was made.

Working with natural gas can be dangerous. Work injuries can occur during fires, chemical spills, fall accidents, refinery blasts, machinery accidents, while toxic gas is being released, or during other kinds of work accidents.

Burns, broken bones, internal injuries, disfigurement, severed limbs, crushed body parts, traumatic brain injuries, and spinal cord injuries are just some of the injuries that can result from a work accident at a gas plant.

Most workers are entitled to Illinois workers’ compensation benefits in the event that they are seriously injured and need to take time off. There also may be third parties that the worker can sue for Illinois personal injury. With so many factors possibly involved in causing a gas plant accident, a construction accident, or another kind of industrial accident that it can be hard to determine who is liable without consulting with a Chicago injury lawyer about your case.

Natural Gas Tank Explosion In St. Elmo, Illinois, Fox2Now, October 28, 2009

Fiery explosion injures 2 gas plant workers, Justice News Flash, November 3, 2009

Related Web Resources:
US Department of Labor

OSHA

Illinois Workers' Compensation Commission

Continue reading " Two Illinois Gas Plant Workers Injured in Fiery Blast " »

The Occupational Safety and Health Administration has issued its list of the 10 most common workplace safety violations for the year:

• 9,093 Scaffolding violations: Most common causes of scaffolding accidents involve the support or planking giving way or the employee slipping or getting hit by a falling object.

• 6,771 Fall Protection violations: Workers in the general industry working at a height of four feet or greater must be adequately protected. In the construction arena workers must be protected when working at six feet or higher.

• 6,378 Hazard Communication violations: Chemical makers and importers must evaluate the hazards of their products and develop safety data sheets and labels so that downstream clients are made aware of these hazards.

• 3,803 Respiratory Protection violations: Workers must be protected against dangerous dusts, smokes, fogs, gases, mists, sprays, vapors, and inadequate oxygen environments. Failure to do so can result in lung impairment, cancer, and other diseases. It can also lead to deaths.

• 3,321 Lockout-Tag Out violations: Employees must be protected from hazardous energy released during maintenance or service. They also must be protected from the unexpected activation of equipment and machinery.

• 3,079 Electrical Wiring Violations: Electricians, engineers, sales people, office workers, and other employees must be protected from the hazards of working directly or indirectly with electricity.

• 3,072 Ladder violations: Falls from ladders can result in traumatic brain injuries, spinal cord injuries, and death. Fall accidents cause 8% of all occupational-related fatalities involving trauma.

• 2,993 Powered-Industrial Trucks violations: Tens of thousands of people are injured each year because of forklift accidents.

• 2,556 Electrical violations

• 2,364 Machine Guarding violations: Protecting workers from any part, process, or function that can injure or kill a worker.

Compared to same time period last year, the number of top 10 violations has gone up nearly 30%.

Regardless of who or what caused a work accident, most workers are entitled to Illinois workers’ compensation benefits.

OSHA Reports on Top 10 Safety Violations for 2009, Reuters.PR Newswire, October 27, 2009

Related Web Resources:

Continue reading " OSHA’s 2009 Top 10 Safety Violations " »