Chicago Workers Compensation Lawyer Blog

Three construction workers were injured today when a wall collapsed on them. The workers were pouring foundation on a house being built when the construction accident happened. All three construction workers were transported to the hospital. Two of them reportedly sustained serious injuries.

On Wednesday, four people were hurt when the 20-foot aluminum plank they were standing on collapsed, causing them to fall to the ground. Their injuries are serious.

The workers were doing roof work when the construction accident happened. According to one police officer, the brackets used to attach the plank to the exterior of the building were not properly secured.

Also on Wednesday, a construction worker died when he was hit by a beam while working on a site at an air force base. The worker, Brian Lowry, was reportedly on an I-beam some 20 feet off the ground when another I-beam that a crane was lowering hit him.

In another construction accident, construction workers William Day, Jr. and Joshua Champney sustained injuries when an 18-foot wall collapsed, pinning them. Champney sustained minor back injuries while Day fractured his pelvis. Day will have to undergo surgery.

According to police, the braces that are supposed to hold the wood wall may have given way. The workers were putting up the preconstructed section of home under construction when the wall fell.

Falling construction materials, scaffolding and wall collapses, trench collapses, and fall accidents from significant heights can cause serious injuries to construction workers. As an injured construction worker, you should file your Illinois workers’ compensation claim immediately and speak with a Chicago construction accident lawyer about your legal options for obtaining financial recovery from third parties.

Two construction workers injured after wall collapse, Taunton Daily Gazette, December 31, 2009

3 Injured In Construction Accident, WFSB, December 31, 2009

Worker For Atlanta Company Killed In S.C., CBS Atlanta, December 31, 2009

Westbrook Scaffolding Collapse Injures Four, WMTW, December 29, 2009

Related Web Resources:
Construction Accidents, Justia

OSHA

A construction worker died on Christmas Day when part of a four-story stone column fell on the excavator that he was operating. The Illinois construction accident took place at Illinois State University.

The worker, 57-year-old Stephen White, worked for Stark Excavating Inc. According to authorities, the stone column that fell on the construction machinery weighed 18,000 pounds.

The Occupational Health and Safety Administration is investigating the cause of the catastrophic accident.

Construction Accidents
OSHA and the Department of Labor say that the most dangerous job sites in Illinois are construction sites. Construction injuries are often catastrophic. Over 200 construction workers are killed every year in construction accidents. Crush injuries, spinal cord injuries, and brain injuries can take years to recover from and for many injured construction workers, the injuries are permanent, leaving him/her unable to earn a living, physically impaired, and emotionally damaged. Some examples of other serious construction accident injuries include chemical burns, burn injuries, amputated legs, arms, or limbs, and blindness.

You may not be able to sue an employer for Chicago personal injury or wrongful death, but there may be other parties affiliated with the construction job that should be held liable in civil court, such as negligent construction machinery manufacturers, contractors, sub-contractors, construction firms, engineers, architects, and entities that are not directly affiliated with the project but contributed to causing the Chicago construction accident. You also are very likely entitled to Illinois workers' compensation.

Worker dies at ISU while removing collapsed column, Chicago Tribune, December 26, 2009

Equipment operator killed while trying to remove column at Hovey Hall, Pantagraph.com, December 25, 2009

Related Web Resources:
Construction Accident News, New York Times

Illinois Department of Labor

Continue reading " Excavator Operator Killed During Construction Accident at Illinois State University Campus " »

In two recent workers’ compensation cases, decisions were issued in favor of obese workers who needed to undergo weight loss procedures after they were injured on the job. One work injury case, which went before the workers’ compensation board, involved an employer who was ordered to pay for the weight-loss surgery of a cook who sustained a back injury while on the job. The other workers’ compensation case, which also resulted in an employer being ordered to pay for an obese worker’s weigh-loss procedure (following a knee injury), went all the way up to the state Supreme Court.

According to Diane Stafford, the Kansas City Star’s workplace and career columnist, these rulings may be causing human resource consultants and employment law attorneys to warn employers about hiring people who suffer from obesity. Unfortunately, may prove to be another bias to toward overweight job applicants who are already worried that they might be discriminated against because of their appearance.

Illinois Workers’ Compensation
It doesn’t matter who or what cause your work injury. If your work entitles you to Illinois workers’ compensation benefits, your employer must pay them to you if you were injured on the job.

Common work-related injuries can include:

• Traumatic brain injuries
• Spinal cord injuries
• Repetitive strain injuries
• Carpal tunnel syndrome
• Back injuries
• Knee injuries
• Fractures
• Internal injuries
• Organ damages
• Illnesses from exposure to toxic substances
• Shoulder injuries
• Arm injuries
• Hand injuries
• Knee injuries
• Burn injuries
• Electrical injuries
• Fall injuries

Workers' comp boards rule for obese workers wanting weight-loss surgery, Tampa Bay, December 22, 2009

Injury/Illness Incidence Rates, OSHA

Related Web Resources:
Bureau of Labor Statistics

Illinois Workers' Compensation Act

Continue reading " Obese Workers Obtain Workers’ Compensation for Weight-Loss Surgery " »

A court has affirmed the $70 million award plus interest that a jury awarded to Charles Tate in the workers’ compensation case he filed against Discovery Property Insurance Company, his employer’s insurer, and JI Specialty Services Inc., a claims adjuster.

Tate, a maintenance mechanic, sustained serious shoulder and neck injuries when he fell from a ladder while trimming trees at an apartment complex in 2003. Following the work accident, Tate was no longer able to engage in manual labor. He filed for workers’ compensation benefits from Discover. Six times the state Department of Insurance’s workers’ compensation unit agreed that the insurer needed to pay for Tate's retraining so he could become a real estate agent.

The insurer turned down two of his requests for supplemental income benefits. Tate succeeded in contesting the case, but the insurer appealed to the state’s workers’ compensation appeals panel, which affirmed that the maintenance worker was entitled to second and third quarter supplemental income benefits. In June, a District Court ordered the case back to trial court.

Earlier this month, a jury awarded Tate $70 million: $50 million in damages, $20 million in attorneys fees, $491,000 in prejudgment interest, and $2.5 million for court costs and legal fees if the case is appealed. The jury found that because the Discovery delayed paying Tate for rehabilitative job training, the maintenance mechanic suffered mental anguish. The jury also found that both defendants engaged in a deceptive and unfair act.

Texas Court Allows $70M Judgment in Workers' Comp Case to Stand, Insurance Journal, December 16, 2009

Hurt worker is awarded $70 million, My San Antonio News, December 2, 2009

Related Web Resource:
Your Right to Workers' Comp Benefits FAQ, Nolo

Illinois Workers Compensation Commission

A construction fall from the roof of a two-story house has left one worker dead and another with injuries. The roofer that died is 43-year-old John Nadeau. 36-year-old Michael Larochelle was taken to the hospital for treatment of his injuries.

The Occupational Safety and Health Administration and state and local officers are investigating the tragic construction accident. OSHA wants to find out whether the workers’ employer complied with safety standards when setting up the construction site.

The building that the workers fell from is described as a two-family residence. It was under renovation. Replacing the roof was one of the construction modifications that needed to be made.

As our Chicago, Illinois construction accident lawyers have written about in the past, fall accidents continue to be a leading cause of construction deaths. Fall accidents are often catastrophic, resulting in traumatic brain injuries, organ damage, broken bones, spinal cord injuries, and death.

Some common hazards at a construction site that can contribute to fall accidents:

• Unprotected wall openings, holes in the floor, and sides
• Improperly set up scaffolding
• Defective or unstable cranes
• Improperly secured or wrongly positioned ladders
• Lack of safety equipment
• Defective construction machinery

Even if all proper safety precautions were put in place, your employer can still owe you workers’ compensation benefits if you were injured in a Chicago, Illinois construction accident. Our Chicago workers’ compensation lawyers want to remind you and your family to file your work injury claim as soon as possible. Unfortunately, an employer's insurer can attempt to deny your claim for work injury benefits.

Contact our Cook County workers’ compensation attorneys and ask for your free case evaluation. We also represent workers’ compensation clients in DuPage County, Will County, and Lake County, Illinois.

One worker dies, other injured in fall from roof, The Eagle Tribune, December 23, 2009

Roofer dies in fall from Methuen home, MyFoxBoston, December 23, 2009

Related Web Resources:
Falls, OSHA

Construction Accident News, NY Times

A lumber worker has filed a civil lawsuit accusing RP Lumber of firing him because he sought to obtain his Illinois workers’ compensation benefits. Jefferey Harbison says he lost benefits, wages, and promotions, experienced mental trauma and humiliation, incurred expenses while looking for a job, and experienced a decrease in wages because he was wrongfully fired.

Harbison says he was employed at RP Lumber Company for about 10 years before he got hurt on May 21. He is seeking over $50,000 plus costs.

Illinois Workers’ Compensation
If you are an injured employee, you are entitled to receive Illinois workers’ compensation for all necessary medical expenses, including emergency medical services, first aid, surgeries, tests, and other hospital services. When applicable, you also are entitled to vocational, mental, or physical rehabilitation. You also have a right to disability benefits for time that you have to take off from work because of your work injury, illness, or disease. If you will no longer be able to work, you can receive permanent total disability benefits. The spouse and children of an employee who died because of a worker-related illness or injury should be able to obtain survivor benefits.

As an employee working for an employer, you are not asking for anything out of the ordinary by wanting to receive your workers’ compensation benefits. It doesn’t matter who or what cause the work accident. Employers are not allowed to fire a worker for requesting workers’ compensation.

Workers’ compensation disputes can be very frustrating for the worker and his/her family who now must worry about finances, in addition to job worries, as well as deal with the injury or death.

RP Lumber worker claims wrongful termination , The Recorder, December 16, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Your Right to Workers' Comp Benefits FAQ, Nolo

A 56-year-old bank teller is seeking workers’ compensation benefits for the post-traumatic stress disorder she suffers from a robbery at her bank on May 26. Edith Johnson was held at gunpoint, handcuffed, and ordered to the ground.

Police say that one of the robbers pointed a sawed-off shotgun at Johnson while the other robber grabbed money from the teller drawer and the vault. The robbery was the third one to take place at the bank while she was employed there and the second one that occurred while she was on duty.

Following this latest robbery, Johnson was diagnosed with post-traumatic stress disorder. According to Johnson’s workers’ compensation lawyer, the incident left her frightened and she can no longer do her job.

Yet the state has denied her claim by noting that state law doesn’t cover mental injury inflicted by “mental stimulus.” Johnson’s workers’ compensation attorney, however, points out that the stress suffered from becoming the victim of a bank robbery is not the same as “everyday stress” that one experiences on the job. He also says his client failed to meet the deadline for filing an appeal because she never received the letter of denial.

A hearing date has been set following a judge’s order that the state reconsider Johnson’s workers’ compensation claim.

Illinois Workers’ Compensation
Although it shouldn’t be this way, some injured workers may find it hard to receive the Illinois workers’ compensation benefits that they are owed. These disputes can be stressful for the worker, who now must worry about medical costs, lost wages, recovery expenses, and providing financial support to family members while attempting to recover from injury or illness.

Lawyer says teller deserves workers comp, WDAY News, December 18, 2009

Related Web Resources:
Workers' Compensation, Justia

Illinois Workers' Compensation Act (PDF)

A math teacher has a right to receive workers’ compensation for shoulder injuries she sustained during a high school ski trip. Karen Sikorski was a chaperone on the trip when she got hurt.

Sikorski filed a claim to obtain work injury benefits but the city maintained that the injuries occurred during a recreational activity that she had volunteered to take part in. Workers’ compensation law in this particular state exempts employers from covering workers for injuries sustained in certain settings, such as picnics. Sikorski, however, argued that she was acting in her role as a teacher on the trip even though she volunteered to go.

By finding in favor of the math teacher, the highest court in the state noted that the school administration had asked members of the faculty to volunteer to chaperone and wanted teachers to take part in extracurricular activities.

Illinois Workers’ Compensation
Do not give up if your employer or its insurance company has chosen to deny your benefits. Many workers agree to receive less than what they can get. This is unfortunate. Each state has their workers’ compensation laws, which is why if you’ve been injured in an Illinois work accident, it is a good idea to consult with an experienced Chicago workers’ compensation law firm.

Not obtaining the work injury benefits you are owed can affect your finances and recovery. Retaining the right legal representation increases the chances that what you get back will be greater than if you chose to pursue your claim alone.

SJC rules on teacher workers-comp suit, Boston Business Journal, December 11, 2009

Teachers covered for injuries as chaperones, Boston.com, December 12, 2009

Related Web Resources:
Your Right to Workers' Comp Benefits FAQ

IWCC WC Act

At an American Public Health Association meeting, University of Illinois Chicago School of Public Health’s Susan Buchanan, MD, reported that hotel workers risk injury and becoming ill on the job:

• Female hotel workers had a 1.5 times greater rate of getting hurt than their male counterparts.

• Hispanic female workers were almost two times more likely to sustain work injuries than white female hotel workers.

• Hispanic and Asian male hotel workers had a 1.5 greater injury rate risk than white male workers.

Buchanan and the other researchers she worked with say they don’t know why women and minority hotel workers have a higher injury rate than Caucasian hotel workers. They gathered their information from the Occupational Safety and Health Administration.

Researchers took a look at information from 3,000 worker injuries between 2003 and 2005 in five hotel job categories. The injuries occurred on 50 unionized properties run by major hotel chains. 80% of the hotel workers that were looked at for the study were minorities. Upper extremity injuries appeared to be the most common kind of work injury.

A spokesperson for Hyatt says that the study’s findings do not reflect its hotels workplace environments.

Hotel room cleaners, front desk clerks, bellhops, hospitality workers, maintenance employees, waiters, and other hotel workers can get hurt on the job. Ergonomic injuries, back injuries, slip and fall injuries, injuries caused by lifting heavy objects, and other work-related injuries can result.

Chicago Workers’ Compensation
Chicago is one of the most visited cities in the United States and hotel workers are employed to help the hospitality industry of our beautiful city run smoothly. This 24-hour/seven days a week business can be stressful and physically challenging for its employees and unfortunately, work injuries do happen. Most Chicago workers are entitled to Illinois workers' compensation benefits in the event of injury.

Women Hotel Workers Suffer High Injury Rates, New American Media, December 6, 2009

Related Web Resources:
OSHA

Unite Here!

AFL-CIO

Continue reading " Illinois Workers' Compensation: Woman and Ethnic Hotel Workers Have High Injury Rate " »

An appeals court says that Cargill Meat Solutions must provide workers’ compensation benefits to an illegal immigrant who was injured on the job. Odilon Visoso got hurt in May 2006 when he was hit on the neck, head, and shoulder by a 100-pound meat slab that fell from a hook.

Visoso is an illegal alien. Following his work accident, he kept working at Cargill doing light duty until he underwent surgery on October 2008. Later that month, he was fired because of his illegal immigrant status.

Cargill Meat Solutions did not want to pay for Visoso workers’ compensation benefits because he is an immigrant and therefore is not legally allowed to work in the US. However, the appeals court upheld the ruling of the Worker Compensation Court, which found that all employees who are injured or get sick from doing their job—even illegal aliens—are covered under the state’s workers’ compensation law.

Judge Richard Sievers said that even though Visoso is not legally allowed to work in this country, he was still an ‘employee’ for Cargill and therefore entitled to workers’ compensation benefits. Visoso’s workers’ compensation lawyer says not allowing illegal immigrants to obtain work injury benefits might encourage companies to hire illegal workers, which they are not allowed to do.

Illinois Workers’ Compensation
Many illegal workers are scared to come forward to report an injury or disease they sustained on the job because they are scared of being deported or of other legal repercussions. Regardless of your resident status, you may still be entitled to Illinois workers’ compensation benefits.

Obtaining work injury benefits can alleviate your worries about covering your medical bills and lost wages.

Court Grants Benefits to Illegal Immigrant, New American, December 15, 2009

Court: Illegal immigrant entitled to benefits, JournalStar, December 8, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Continue reading " Illegal Immigrant Has Right to Workers’ Compensation Benefits, Says Court " »

Researchers at the University of Illinois at Chicago School of Public Health are reporting that it is the degree of impairment and seriousness of injury and not the workers’ compensation attorney fees that most impact an injured Illinois construction worker’s compensation payout.

The researchers came up with their findings based on a study of 19,734 workers’ compensation claims submitted to the Illinois Workers' Compensation Commission between 2000 and 2005. Claims are submitted to the commission when an employee and employer are unable to resolve a work injury claim without its intervention. Among the findings:

• 1.21 construction accident claims for every 100 Illinois construction workers.
• Injured construction workers that were represented by an Illinois workers’ compensation lawyer obtained $1,210 more than workers who did not have legal representation.
• Back injuries, spinal injuries, and extremity injuries were the most common work injuries.
• Workers who sustained spinal injuries and back injuries obtained higher compensation than Illinois workers who had injured other body parts.

In an ideal world, a worker who was injured on the job should be able to easily obtain the Illinois workers’ compensation that he is entitled to receive under state law. However, disagreements and delays can happen, which can seriously affect an injured worker’s ability to recover and provide financial support to family members.

Our Chicago workers’ compensation law firm has over 15 years experience obtaining the work injury benefits our clients are owed from employers, bad faith insurance companies, and other parties. Retaining an experienced workers’ compensation lawyer can increase the amount you would otherwise receive by two or three times.

Severity Of Injury, Not Legal Fees, Drives Cost Of Workers’ Compensation, UIC School of Public Health

Related Web Resources:
Journal of Occupational and Environmental Medicine

Illinois Workers' Compensation Act (PDF)

A man who says his employer fired him after he filed a claim to receive Illinois workers’ compensation benefits and was placed on restricted duty by his doctor is suing Global Brass and Copper Inc. Troy Pizzo says he was working at Olin Brass on September 12, 2008 when he got hurt.

He then filed an Illinois workers’ compensation claim. Pizzo says that after his doctor said he could only perform on restricted duty, the company fired him. Pizzo’s lawsuit claims the defendant purposely disregarded his welfare and rights and fired him to punish him for seeking to avail of his work injury benefits, which he is entitled to receive under the Illinois Workers’ Compensation Act. He is accusing his former employer of committing these actions even while having full knowledge of Illinois’ workers’ compensation laws.

Pizzo is seeking over $100,000 plus costs.

Illinois Workers’ Compensation Claims
Employers are not allowed to fire workers for filing for Illinois workers’ compensation benefits. Injured workers are entitled to their work injury benefits, which can include medical care, rehabilitation, lost wages, temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and, in the event of the worker’s death, the family is entitled to survivors benefits.

In certain instances, an employer’s insurer may seek to settle the case with a lump sum amount. While this guarantees a specific amount to the injured worker, this also usually does not allow for the employee to receive more compensation even if more treatment is required beyond what was initially estimated. However, in some work injury cases, this may be the best option.

Olin Brass worker claims retaliatory discharge, The Record, December 1, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Your Right to Workers' Comp Benefits FAQ, NOLO

Continue reading " Worker Says He Was Fired After Filing Illinois Workers’ Compensation Claim " »