Chicago Workers Compensation Lawyer Blog

The cop that fatally shot Travis the chimp after he tore off the hands and face of Charla Nash last year says he was denied workers’ compensation for his post-traumatic stress because the assailant was an animal. The city later consented to pay for some of Officer Frank Chiafari’s medical bills, but he says that he continues to remain traumatized over the incident and suffers from terrible visions and anxiety.

Nash was brutally attacked by the 200-pound animal in February 2009. She nearly died and remains severely disfigured and nearly died. She lost her nose, eyes, and jaws and wears a vail so that people don’t get scared when they see her. In addition to her traumatic facial injuries, Nash lost both hands.

At a Labor and Public Employees Committee meeting last week, Chiafari recounted how the chimp nearly attacked him. The police officer was testifying in favor a bill that would let police officer receive workers compensation for post-traumatic stress caused by shooting an animal on the attack. Under the proposed legislation, the police officer can use deadly force against the animal if he/she reasonably believed that the threat of physical injury or death was imminent.

Chicago, Illinois Workers’ Compensation
If you are a Chicago cop, you are entitled to Illinois workers’ compensation in the event that you are injured on the job. If your Chicago work injury claim was delayed or denied, do not hesitate to contact the Law Offices of Steven J. Malman & Associates, PC immediately.

Cop who shot marauding chimp says workers' comp law a 'farce', Theday.com, February 26, 2010

Charla Nash, Chimp Attack Victim, Shows Face On "Oprah" (PHOTOS), The Huffington Post, November 11, 2010

Related Web Resources:
Chicago Police Department

National Law Enforcement Officers Memorial Fund

Continue reading " Cop Says He Was Denied Workers’ Compensation Claim For Post-Traumatic Stress After He Shot Chimpanzee that Attacked Woman " »

A SeaWorld trainer died on Wednesday after a killer whale attacked her. The tragic work accident happened at SeaWorld’s Shamu Stadium in Orlando, Florida.

Dawn Brancheau, 40, was in the whale holding area lecturing hundreds of visitors about the display, when, according to one witness, Tillikum the whale approached the side of the tank, jumped up, and grabbed her by the waist.

Paula Gillespie, who was at the Dine with Shamu show with her daughter, told CNN that the killer whale pulled the trainer into the tank where she struggled during the attack. Another woman that also saw the show said the trainers were having a hard time getting the whales to perform.

People for the Ethical Treatment of Animals claims that the tragic work accident could have been prevented if only SeaWorld didn’t keep oceangoing mammals confined in spaces that are the “size of a bathtub.” The group says that considering that such smart animals are repeatedly called on to “perform silly tricks,” it is no wonder that they might lash out.

Brancheau died from drowning and multiple traumatic injuries. Her death isn’t the first accident involving a killer whale at SeaWorld. A trainer was hospitalized in 2006 after a whale grabbed him and held him under. In 1999, a 27-year-old man who climbed into the tank after the park had closed died in what was called “horseplay” involving Tillikum.

Chicago, Illinois Workers’ Compensation Benefits
If your loved one died in a Chicago work accident, you may be entitled to Illinois workers’ compensation death benefits. It is important that you file your claim right away.

SeaWorld trainer killed by killer whale, CNN, February 24, 2010

Autopsy says SeaWorld trainer died of drowning, traumatic injuries, USA Today, February 25, 2010

Related Web Resources:
SeaWorld

Killer Whales, National Geographic

Continue reading " SeaWorld Trainer Dies in Fatal Killer Whale Attack " »

A state appeals court is ordering Wal-Mart stores Inc. to pay workers’ compensation benefits to a worker who was injured when he was exposed to carbon monoxide while on the job. Donald Greg Wells sustained his injuries in 2005 while in a freezer at a Wal-Mart distribution center.

Wells says that the carbon monoxide came from welding machinery and generators that were being used to renovate the freezer, which was nonventilated. Following the work accident, he filed a workers’ compensation claim to obtain work injury benefits from his employer and sued the two contractors involved in the renovation.

Wells received a $900,000 award from his third party claim. It was at this point that Wal-Mart contended that Wells should only recover from either the civil case or the workers’ compensation claim.

The state’s Workers’ Compensation Board and an administrative law judge disagreed with Wal-Mart. The judge awarded Wells almost $441,000 in medical costs and income. The appellate court agreed with the judge’s ruling and said because Wal-Mart should receive a $126,811 subrogation credit, the company should pay wells approximately $317,000.

Carbon Monoxide Exposure
Exposure to CO, a colorless, odorless, and toxic gas can kill you. A person may not even realize the gas has infiltrated the air before the damage is done. Exposure to lower levels of CO can cause flu-like symptoms, such as dizziness, headaches, nausea, disorientation, and fatigue.

Chicago, Illinois Workers’ Compensation
If you were injured at work, you are likely entitled to Chicago, Illinois workers’ compensation benefits. This does not preclude you from filing a third party lawsuit against any other negligent party that is not your employer.

Kentucky court upholds workers comp for Wal-Mart employee, Business Insurance, February 22, 2010

Carbon Monoxide, US Environmental Protection Agency

Related Web Resources:
US Department of Labor

Wal-Mart

Every year, per American Family Physician, hundreds of thousands of workers become afflicted with occupational diseases. Tens of thousands of these workers will die as a result. It is important that you make sure that you receive all your work illness benefits that you are owed. Our Chicago, Illinois workers’ compensation lawyers can help you explore your legal options.

Unfortunately, diagnosing occupational illnesses sometimes take awhile. A worker may not want to link his/her affliction to work for fear of not being able to make a living. Also, it can take years for some illnesses' symptoms to fully manifest.

Examples of some health conditions linked to occupational exposure:

• Carpal tunnel syndrome
• Asthma
• Chronic encephalopathy
• Cervical strain
• Interstitial fibrosis
• Hearing loss
• Infections that are transmitted orally or fecally
• Lung cancer
• Contact dermatitis
• Spontaneous abortion
• Birth defects
• Liver cancer
• Coronary disease
• Upper air irritation

The kind of occupational disease a worker can suffer from will, of course, depend on the conditions and environment the worker is exposed to on the job.

You would be surprised at the kind of occupations that can lead to occupational injuries and illnesses. For example:

• Computer work
• Letter sorting
• Mining
• Baking
• Plating
• Farming
• Teaching
• Health care work
• Prison work
• Animal care
• Construction
• Forestry

Unfortunately, problems can arise when availing of your work injury benefits. This is where an experienced Chicago, Illinois workers’ compensation lawyer can step in.

Recognizing Occupational Disease -- Taking an Effective Occupational History, American Family Physician

Related Web Resources:
Occupational Safety and Health Administration

Illinois Workers' Compensation Act

Illinois Central Railroad Co. and Chicago, Central and Pacific Railroad have been ordered by OSHA to pay a former employee over $80,000 in compensatory damages, back wages, and attorney’s fees for wrongful termination. The former railroad worker was fired after he sustained injuries on the job.

Employers cannot fire a worker for reporting work-related injuries and illnesses. Under the Federal Railroad Safety Act, there are whistle-blower provisions that protects employees when they report violations dealing with railroad security/safety or federal law. Also, under the Federal Employers Liability Act, employees injured in railroad worker accidents can seek compensation for their medical and rehabilitation costs, lost wages, and pain and suffering.

There are built-in dangers to taking on a career as a railroad worker. Unlike other employees (most are covered for work-related injuries, illnesses, and deaths under the Illinois Workers’ Compensation Act), injured or sick railroad employees can file a lawsuit whose outcome is based on comparative negligence.

It is important that you work with an experienced Chicago, Illinois railroad worker accident attorney who can help you with your case. The recovery that you obtain from your FELA lawsuit will help alleviate some of your financial burdens so you can focus on your recovery.

Some examples of railroad worker injuries:

• Ballast injuries
• Slip and fall injuries
• Repetitive motion injuries
• Carpal tunnel syndrome
• Tendonitis
• Osteoarthritis
• Bursitis
• Exposure to hazardous chemicals
• Asbestosis
• Mesothelioma
• Back injuries

Former Railroad Employee Awarded Over $80,000 in Back Pay, The Epoch Times, February 19, 2010

Related Web Resources:
Illinois Central Railroad On-Line

Federal Railroad Safety Act

A construction worker was involved in an electrocution accident last week when the boom of the crane he was operating struck a high voltage power line. The worker, Moises Rios, was treated at the construction accident site before being rushed to the hospital.

Crane Accidents
Crane-related accidents continue to be one of the more common causes of construction injuries. In many cases, a crane making contact with a power line can result in death. This is why it is so important that safety measures are followed to prevent such a dangerous work accident from happening. If a construction worker is lucky enough to survive such a powerful electrical jolt, he or she may have to contend with cardiovascular injuries, skin damage, respiratory damage, electrical burns, head injuries, spinal injuries, neurological injuries, and musculoskeletal injuries.

Electrocution accidents are not the only type of crane accident that can cause injuries to crane workers. Rigging malfunctions, collapsed booms, fall accidents, falling loads, and cranes that tip over can injure construction workers and others who may be in the area.

Hundreds of construction workers die every year because of crane accidents. For many survivors of crane accidents, their injuries may be so severe that they can never work again.

Chicago, Illinois Construction Accidents
If you or your loved one got hurt in a Chicago construction accident, you should file your Chicago, Illinois workers’ compensation claim right away. You have enough to contend with already during this challenging time without having to worry about medical bills and lost wages. Also, with so many parties involved in a construction project, there may be others that you should sue for your Illinois personal injuries.

Man electrocuted at construction site, stable, Alamogordo Daily News, February 9, 2010

Related Web Resources:
Electrical Injuries, emedicine, October 7, 2009

New Mexico worker electrocuted when crane boom hit power line, Justice News Flash, February 10, 2010

Related Web Resources:
Construction Accident News, New York Times

Construction Safety, Centers for Disease Control and Prevention

Kevin L. Darling is suing BNSF Railway Company for his railroad worker injuries. A railroad conductor since 1988, his job for BNSF included operating locomotives and railroad equipment. Now, he claims these duties caused him to develop shoulder injuries.

Darling says he had to undergo humeral head replacement surgery. He also says he experienced mental anguish, emotional injury, and psychological trauma as a result, as well as lost wages and incurred medical expenses.

Darling claims that the railroad company engaged in a number of negligent acts, including the following failures: not creating safe working conditions or a safe work environment, not providing the proper equipment and work methods, not taking action to reduce the cumulative trauma that Darling’s shoulder experienced, and neglecting monitor and inspect the cumulative trauma required to perform his job. Darling says that BNSF committed another negligent act when it required that he be exposed to cumulative trauma while he worked. Darling is seeking more than $50,000.

Although you are more likely to hear about train passengers who are injured in catastrophic Chicago, Illinois train accidents, train workers can also get hurt during train collisions or from merely doing their jobs. Injured railroad workers are untitled under FELA (Federal Employers Liabilities Act) to sue their employer for work-related injuries. Your chances of obtaining the maximum recovery increases when you hire an experienced Chicago railroad injury lawyer to represent you.

In an unrelated railroad worker injury case, Dennis Hetterscheidt, who worked as a traveling maintenance-of-way employee for CSX Transportation until October 2007 is now suing his former employer for his injuries. He claims that his work with the company ended after he was injured in a fall accident while cutting rails.

Hetterscheidt says he injured his spine, lower back, neck, and shoulders during the work accident and, as a result, he has experienced suffering, pain, disability, and disfigurement. Hetterscheidt contends that not only has he lost income and racked up medical expenses, but his earning capacity has been impaired.

The plaintiff says CSX was negligent in causing his injuries and did not provide him with a safe work environment, the proper work methods, or the correct equipment and tools. Hetterscheidt says is accusing DSX of failing to maintain and inspects its track and of being negligent when requiring that he work on ground that was uneven. He is seeking over $50,000.

CSX worker claims injuries in cutting rails, The Record, February 5, 2010

Conductor claims shoulder injuries in suit against BNSF, The Record, February 5, 2010

Related Web Resource:
Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined, Cornell University Law School

A refinery worker says he was fired after he filed a claim for workers’ compensation even though the company that he worked for is supposed to provide these benefits to workers injured on the job. Eduardo Perez, a refinery worker, filed his lawsuit against Starcon International Inc.

Pedraza says he sustained his work injury while lifting a heavy slap of sheet metal weighing at least 100 pounds at a BP Refinery. The injury required him to constantly be under doctor care. In his lawsuit, he claims that when he was finally able to go back to work, Oziel Gonzalez told him that he had lost his job.

Working in a refinery can be hard and dangerous work. Refinery workers are constantly working in and around hazardous situations that can cause serious and painful, life changing injuries in an event of an accident.

Illinois Workers’ Compensation
Most workers are not allowed to sue their employers for personal injury, which is one of the reasons Illinois workers’ compensation benefits exist. Workers’ compensation is supposed to cover medical costs while providing wages to the employee while he or she recovers. Depending on the seriousness of the injuries, other benefits may apply. Workers do not have to prove liability on their employers’ part and they should never be fired for seeking to avail of their work injury benefits. Unfortunately, some insurers and employers will try to get out of paying these benefits to an injured worker.

It is important that you know about your legal rights.

Refinery worker claims heavy lifting caused injury, SexTexasRecord, February 4, 2010

Related Web Resources:
Your right to workers' compensation

Illinois Industrial Commission

Continue reading " Refinery Worker Claims His Filing for Workers’ Compensation Led to His Dismissal " »

While spending hours on the computer at work may seem like a harmless, danger-free activity, people who sit in front of a monitor while their fingers press they keyboard or click the mouse can lead to cumulative, painful, debilitating injuries if they are not careful. Back pain, neck soreness, tingling up and down the arms, finger cramps, spinal disc injuries, shoulder soreness, tennis elbow, repetitive strain, and carpal tunnel syndrome are just some of the injuries that an office worker or anyone else who uses a computer can sustain.

Our Chicago, Illinois workers’ compensation lawyers would like to remind you to submit your work injury claim immediately anytime that you are injured on the job. Even if the injury is one that developed cumulatively, it is best to file your claim right away to prevent delays or give your employer’s insurer a reason to deny your claim or give you fewer benefits than what you are entitled to receive.

A Few Steps to Prevent Injuries When Using a Computer:

• Make sure your monitor is high enough that it at eye level in front of you.
• Don’t have it more than 30 inches away from you.
• Place your mouse close enough to your body that you don’t have to overreach.
• Make sure that your elbows are properly supported.
• When typing make sure that your forearms and upper arms are positioned at a 90 degree angle.
• If you are going to type while talking on the phone, use a headset.
• Consider using a padded wrist rest for your hand that holds the mouse.
• Make sure you use a chair that provides enough lumbar support.
• Keep your thighs parallel to the floor, knees and hips at the same level, and feet flat on the ground.

5 steps to keep you comfortable at your computer, Gloucester Times, February 19, 2010

Computer Workstation Ergonomics, CDC

Related Web Resources:
Office Ergonomics-Common Office Injuries, Web MD

Illinois Workers' Compensation Commission

Continue reading " A Reminder from Our Chicago, Illinois Workers’ Compensation Lawyers To Take Preventive Steps to Prevent Overuse and Repetitive Strain Injuries " »

A jury has awarded David English $12.1 million for spinal cord injuries he sustained during a refinery accident that left him paralyzed. English, a master electrician, severed his spinal cord and broke his neck when a stack of electrical cabinets fell on him, causing the 49-year-old to fall against steps. He is now a quadriplegic, can only breathe with the help of a ventilator, and lives in a nursing home. The defendants in the case included refinery owner Alon USA, refinery contractor Bay Ltd, and Universal Construction.

Refinery Accidents
Working at a refinery comes with occupational hazards that can cause serious injuries. This is why it is so important that employers make sure that safety measures are in place at all times so that workers are protected from toxic pollutants, hazardous chemicals, and other dangers that commonly occur on the job.

Examples of injuries that a refinery worker might sustain during a work accident:

• Burn injuries
• Lead poisoning
• Heat exposure
• Fall injuries
• Slip and fall injuries
• Chemical burns
• Asbestos-related illnesses
• Exposure to Silica
• Exposure to Benzene

Illinois Workers’ Compensation
You should submit your Illinois workers’ compensation claim as soon as possible so that you can start receiving your work injury benefits. Unfortunately, not all employers will give you the workers’ compensation benefits that you are owed, which is why getting legal help from an experienced Chicago workers' compensation attorney will work to your advantage. You may be able to file Illinois refinery accident lawsuits against liable third parties.

Nueces County jury awards $12.1M man paralyzed in refinery accident, Caller.com, February 4, 2010

Related Web Resources:
Illinois Workers' Compensation Act, Illinois Workers' Compensation Commission

Spinal Cord Injury, MayoClinic

According to the Workers Compensation Research Institute, Illinois’ workers’ compensation expenses per claim for medical care are on the higher end of the spectrum compared to the costs for the same kind of claims in other US states. WCRI’s study also found that after hitting growth rates in the double digits prior to 2005, the increase in medical costs per claim went down in ’07- ’08 and—just as it has in past years—indemnity benefits/claims involving workers that had to miss over seven days of work grew 7% in ’07- ’08.

The growth in indemnity benefits can be attributed to a 6% rise in the length of temporary disability “and a 5% increase in the average permanent partial disability (PPD)/lump-sum payment per PPD/lump-sum claim.” With total costs per all paid Illinois workers’ compensation claims at $11,224/claim in ’05 – ‘08, the WCRI says these paid for claims were among the highest compared to the other states that were included in the study. Also, more injured workers in Illinois missed over a week of work and/or missed work an average of 20 weeks in ’05 -‘08—4 weeks more than the injured workers missed in other non-wage-loss states. Illinois ranked in the middle when it came to average lump-sum workers’ compensation settlements per claim.

Illinois Workers’ Compensation
If you are an injured worker, it is important that you are familiar with your right to receive Illinois workers’ compensation benefits. In most cases involving work-related injuries, you cannot sue your employer for personal injury—although you may have grounds for filing a third party Chicago injury lawsuit. It will be very important for you to receive all of the work injury benefits that your employer owes you.

Illinois Workers’ Compensation Medical Costs Per Claim among Highest, but Growth Slowed, New WCRI Study Reports, Earth Times, February 1, 2010

Related Web Resources:
Workers Compensation Research Institute

Illinois Workers' Compensation Act

Continue reading " WCRI Reports that Illinois Workers’ Compensation Medical Costs Per Claim are Higher than the Average " »

A new study published in Spine reports that patients who underwent surgery to treat sciatica benefited more from surgery than from non-surgical procedures. That is, unless the patient was getting paid workers’ compensation benefits for the work injury. The reason for this discrepancy is unclear.

As part of the main study, researchers analyzed data provided on 924 sciatica patients. A randomized trial was conducted. Some patients were treated with pain medication, physical therapy, exercises, and education. Other patients underwent surgery. Both approaches proved effective and the patients’ conditions improved. However, sciatica patients who underwent surgery improved faster and exhibited better recovery results for up to two years afterward.

Researchers also conducted a new analysis to see whether patients receiving workers’ compensation responded differently to treatment. 12% of the patients studied were on workers’ compensation. What researchers found was that at three months after surgery it was the patients who weren’t getting workers’ compensation benefits that exhibited significantly better results. The patients who weren't on workers' compensation also stayed better after 24 months, while surgery patients on workers’ compensation experienced pain and exhibited physical function similar to sciatica patients who had undergone non-surgical treatment.

Sciatica
Sciatica is a disabling condition that is commonly cited in workers’ compensation claims. Studies in the past have indicated that a sciatica patient’s workers’ compensation status can have an impact on the results of herniated disc treatments. Sciatica can be very painful and may lead to nerve damage that can radiate through the body and leg. If not treated correctly, Sciatica can become a permanent, crippling condition.

Back injuries can not only impede a worker’s ability to do the job, but they can cause severe pain and lead to the inability to live a normal life. It is important that you file your Illinois workers’ compensation claim immediately.

Study: Workers’ Comp Patients Get Less Benefit from Back Surgery, Spine, January 29, 2010

Sciatica, Mayo Clinic

Related Web Resources:
Spine

Herniated Disc, WebMD

Continue reading " Workers’ compensation patients who undergo back surgery for sciatica benefit less than patients that are not getting work injury benefits " »