Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

Posted On: March 31, 2010

OSHA Discovers Safety and Health Violations at Evansville Regional Airport Air Traffic Control Tower

The Occupational Safety and Health Administration says that during a recent inspection, it discovered four serious and four repeat safety and health violations at the Evansville Regional Airport’s air traffic control tower. Serious violations included the failure to conduct yearly fire drills, not putting up a diagram of emergency exit routes, failure to correctly ground an electrical outlet, and not identifying when doors were not exits. Repeat violations included the failure to test the stair pressurization system, not making sure that exit routes were unobstructed, and missing or inadequate fire prevention and emergency action plans.

These type of violations can result in burn injuries, electrocution injuries, other serious injuries, or death. Employees are supposed to provide workers with a safe environment that decreases the chances of injuries or fatalities. However, whether or not your employer contributed to causing your work injuries should not affect your right to receive Chicago, Illinois workers’ compensation. It is important that you file your work injury claim as soon as possible to prevent any delay in getting your benefits.

Illinois Workers’ Compensation Benefits
Under Illinois workers’ compensation law, you are entitled to receive needed first aid, medical care, and hospital services to treat, cure, and relieve your work injury or illness. Rehabilitation services, when warranted, are also covered. If you must take time off from work while you recover from your injuries, then you should receive Temporary Total Disability Benefits. TTD is 66 2/3% of a worker’s gross average weekly wage. Overtime pay is usually not factored in except for under the Workers’ Occupational Disease Act.

In the event that a work injury results in partial or complete loss or loss of use of a body part or the partial loss of use of the body as a whole the worker may be entitled to Permanent Partial Disability Benefits. Loss of both arms, legs, feet, eyes, or any two such parts or the permanent loss of the ability to do any kind of work in a stable, reasonable, employable market entitles a worker to Permanent Total Disability Benefits for life. This is usually 662 2/3% of the workers’ gross average weekly income.

OSHA Finds Illinois Airport Tower Trafficking in Unsafe Conditions, Occupational Health and Safety, March 31, 2010

Workers' Compensation, Chicago Workers' Compensation Lawyer Blog


Related Web Resources:
Air Traffic Controllers

Evansville Regional Airport

Occupational Safety and Health Administration, United States Department of Labor

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Posted On: March 30, 2010

Ex-Cop Awarded Workers’ Compensation for Post-Traumatic Stress Disorder

A judge has awarded a former police officer $13,165 in workers’ compensation. John Forte was diagnosed with post-traumatic stress disorder after he was involved in a shootout on August 25, 2008. The gunman died and another cop suffered injuries.

Forte did not sustain any physical injuries. However, he says that following the shooting, he suffered nightmares and has relived the incident about 1,000 times in his head. He says his career as a police officer is over.

His workers’ compensation claim was denied. The award issued by the judge covers about 26 weeks of disability pay.

Post-Traumatic Stress Disorder
This anxiety disorder can be set off by a traumatic episode. Merely witnessing a traumatic event can lead to PTSD.

People with PTSD can take months or even years to bounce back from the effects of the trauma inflicted upon them. In certain cases, it may take years after an incident for PTSD symptoms to occur.

Symptoms of PTSD:
• Flashbacks
• Bad dreams about the traumatic incident
• Periodically reliving the event
• Emotional numbness
• Becoming unwilling to deal with what happened
• Sense of hopelessness
• Avoiding certain activities
• Problems with concentration
• Intimacy issues
• Anger
• Guilty
• Irritability
• Shame
• Self-destruction
• Easily frightened
• Sleep issues

PTSD-related complications can include depression, alcoholism, drug addiction, suicidal tendencies, eating disorders, relationship problems, job issues, an inability to enjoy everyday life, chronic pain, cardiovascular disease, musculoskeletal issues, and autoimmune disease.

Chicago, Illinois Workers’ Compensation
Following your Cook County work accident that resulted in injuries, you should file your Chicago, Illinois workers’ compensation claim as soon as possible.

Former Police Officer in Arkansas Awarded Benefits for Stress Disorder, Claims Journal, March 30, 2010

Jacksonville Officer John Forte awarded benefits for stress disorder, Today STHV, March 30, 2010

Post-traumatic stress disorder, MayoClinic


Related Web Resources:
Illinois Workers' Compensation Act (PDF)

National Center for PTSD

Documents related to John Forte's case, Arkansas Online

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Posted On: March 27, 2010

Union Pacific Worker Sues Railroad Company for Car Crash Injuries He Sustained While Going to Work

Christopher Wardwell is suing Professional Transportation, Union Pacific Railroad Company, and Regeania Broughton. Wardwell, a Union Pacific conductor, says he was injured on August 9, 2008 when Broughton, who was driving him to work, was involved in an Illinois car crash.

Wardwell says that he sustained a herniated disc and an annular tears to his lumbar spine, while a pre-existing degenerative disc disease got worse. He was forced to have surgery, experienced pain and suffering, and his abilities to enjoy normal activities and do his job became diminished.

Wardwell partially blames his employer for his Illinois railroad worker injuries because he claims that the railroad company did not provide him with a safe workplace and failed to mandate that managers not put workers in vans before 6am and after 10pm so that they wouldn’t be involved in Illinois drunk driving accidents.

Wardwell is suing Professional Transportation and Broughton, one of its employees, for failing to keep a proper lookout for approaching autos, neglecting to obey traffic rules, and not giving Broughton enough rest time.

The injured railroad worker is seeking over $150,000 plus costs.

Illinois Railroad Worker Injury Lawsuits
Due to the nature of their jobs, railroad workers are at high risk of injuries and illness. Working with trains, on railroad tracks, with heavy machinery, and near toxic substances can be dangerous.

It is important that you report your Illinois railroad worker injuries to your employer right away. Under FELA, the Federal Employers' Liability Act, an injured railroad employee can sue his/her employer for work injuries.

Union Pacific conductor sues over accident on way to work, The Record, March 23, 2010


Related Web Resources:
Union Pacific Railroad Company

Federal Employee Liability Act (PDF)

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Posted On: March 26, 2010

Chicago, Illinois Workers’ Compensation: Hand Injuries Sustained on the Job

Most jobs require the use of the hands. Unfortunately, work accidents can result in hand injuries, which are among the most common kinds of worker injuries. Not only do hand injuries cause the worker pain and suffering and can possibly lead to the inability to do one’s job—whether on a temporary or permanent basis—but there is a good chance that the injured worker will incur medical costs, rehabilitation expenses, and other related bills. It is important that you file your Chicago workers’ compensation claim right away.

Common causes of hand injuries at work:

• Machinery accidents
• Crushing accidents
• Lifting accidents
• Tool-related accidents
• Failure to wear the proper safety gear
• Fall accidents
• Repetitive strain from overuse
• Construction accidents

Common kinds of hand injuries:

• Broken bones
• Crushed hands
• Burn injuries
• Cuts
• Bruises
• Fractures
• Nerve damage
• Tendonitis
• Carpal tunnel syndrome
• Severed hands
• Loss of fingers
• Scarring
• Disfigurement
• Loss of the use of the hand

Considering that the human hand is made up of 27 bones, it is no wonder that there are so many kinds of injuries that can result. Construction workers, kitchen workers, cooks, office workers, railroad workers, workers that engage in heavy lifting, and workers that use different kinds of machinery are just some of the employees that are at risk of injuring their hands while on the job.


Related Web Resources:
Study: Hand Injuries Most Prevalent, Occupational Hazards/Shock Teck, July 2002 (PDF)

Getting a handle on work-related hand injuries, The Fabricator, September 25, 2003

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Posted On: March 24, 2010

Worker who Filed Illinois Workers’ Compensation Claim Says Olin Brass Then Fired Him

William Worthen Jr., is suing his former employer. Worthen claims that Olin Brass let him go because he submitted an Illinois workers’ compensation claim. He filed his complaint against GBC Metal.

Worthen says that he sustained his work injury on January 3, 2010. He then filed for Illinois workers’ compensation benefits. He says that it was after this that Olin Brass fired him—even though the Illinois Workers’ Compensation Act makes it illegal for employers to fire workers for this reason.

Worthen is seeking over $100,000 plus costs. He says that because he was fired, not only did he lose benefits and income, but he also experienced mental pain and anguish.

Illinois Workers’ Compensation
If you were fired because you filed for Illinois workers’ compensation, you may have a retaliatory discharge claim on your hands. If you were fired for a reason unrelated to your work injury, your employer must still pay you the benefits that you are owed.

Just this January, the Illinois Supreme Court ruled that employers must still pay work injury benefits to a worker even if he/she was fired for reasons not related to the injury. For example, if a fired worker is still temporarily disabled because of a work injury, then the employee should still be getting workers’ compensation benefits.

Getting injured on the job and, in many cases, not being able to work is hard enough without worrying about medical bills, living expenses, and the loss of benefits. Do not give up on receiving the Chicago, Illinois workers’ compensation you are owed just because your employer denied you your benefits.

Olin Brass worker claims he was fired after applying for work comp, Madison Record, March 24, 2010

Interstate Scaffolding Inc. v. Illinois Workers' Compensation Comm'n, Illinois Supreme Court (PDF)

Related Web Resources:
Illinois Workers’ Compensation Act (PDF)

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Posted On: March 20, 2010

If You Injured Your Back While on the Job, Remember to File a Chicago, Illinois Workers’ Compensation Claim ASAP

Back injuries can be very debilitating and painful. What may seem like a minor ache can turn into something more serious over time. In addition to pain and discomfort, you eventually may find it hard to do your job and perform daily activities.

If your back injuries are work-related, you should file your Chicago, Illinois workers’ compensation right away. While many people associate back injuries with jobs that require heavy lifting, such as factory jobs, construction gigs, and jobs that require you to load, unload, and carry cargo, boxes, and other objects, a worker can easily hurt their back while doing less physically demanding tasks, such as office work, nursing, acting, and teaching.

According to the Mayo Clinic, there are four work-related factors that can increase the risk that a worker might sustain a back injury or experience back pain:

Repetition: Having to repeat a task multiple times can lead to muscle injury or exhaustion—especially if your body is positioned awkwardly or stretched beyond your range of motion.

Force: Too much force exerted on the back, especially with physical tasks, can cause back injuries.

Posture: Too much time spent in one position can cause aches and pains.

Stress: Stress can cause tightness and tension, which can lead to back aches and pains.

Depending on the seriousness of your back injury, you may have to receive medical care, take pain medication, undergo back surgery, and/or receive physical therapy. Fractured vertebrae, back strain, sciatica, back sprains, a broken back, and herniated discs are examples of common back injuries.

Back injuries may require an employee to take time off work, or he/she may experience a limited range of motion that can make it impossible to do one's job.

Back pain at work: Preventing aches, pains and injuries, MayoClinic

Back Injuries, Medline Plus


Related Web Resources:
How to Prevent Back Injuries

Preventing Back Injuries in Healthcare Settings, CDC


Continue reading " If You Injured Your Back While on the Job, Remember to File a Chicago, Illinois Workers’ Compensation Claim ASAP " »

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Posted On: March 19, 2010

Teacher’s Workers’ Compensation Claim for Electrical Accident May Be Under Dispute

The workers’ compensation claim of a middle school teacher who was injured in an electrical accident last February may be under dispute, claims her lawyer. Kristy Ejazk, a teacher at Pearson Middle School, suffered shock-related and burn injuries to her hand when she was injured by a light switch during an electrical shock accident.

Ejazk was taking kids back from an art class last February when the work accident happened. A loose screw had caused the light switch to come into contact with an interior metal junction box.

Following the incident, school was closed so that an investigation could take place. Grounding insulation was added to the light switches.

Ejazk was treated at a burn center for her injuries. Although she took time off work following the electrical accident, she is back teaching school and has been wearing a protective glove over her hand.

While the workers’ compensation claim has not been officially denied, the school district’s insurance carrier has submitted a form to indicate that there may be differences in opinion over some issues related to the work accident. However, Ejazk has been getting workers’ compensation for related medical costs, as well as wages and benefits for when she took time off work to recover.

Chicago, Illinois Workers’ Compensation
In the event that your workers’ compensation claim is denied or there is a disagreement with your employer about how much you are owed, it is important that you not give up your right to receive your work injury benefits.

Lawyer: Burned Winsted teacher's workers compensation claim disputed, The Register Citizen, March 19, 2010

Related Web Resources:
Electrical Injuries

Electrical Burns, MayoClinic

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Posted On: March 16, 2010

Illinois Railroad Worker Lawsuit Sues CSX Transportation for Asbestos Exposure

A number of railroad workers are suing CSX Transportation for exposing them to asbestos. The plaintiffs are Richard D. Cocke, Glenn A. Williams, Ronald Kidd, Vincente E. Leal, Jesus Zavala, Melvin Denhart, and Pascual Santiago. They worked for CSX between 1959 and 2008.

According to their Illinois railroad injury lawsuit, they were exposed to products that contained asbestos while on the job. They claim that this exposure caused them to develop asbestosis, pneumoconiosis, and other health conditions, while increasing their risk of developing lung cancer, progressive lung disease, mesothelioma, bronchogenic carcinomas, and bronchogenic carcinomas.

The plaintiffs say that CSX neglected to provide them with a safe workplace and tools, did not instruct and warn them on how to work safely around and with products that contained asbestos, failed to run the railroad in a safe manner, neglected to remove asbestos dust, did not provide safe ventilation systems, and failed to test products before making the workers use them.

Each of the plaintiffs is asking for at least $100,000 plus other relief.

Asbestos Exposure on the Job
Unfortunately, exposure to hazardous substances is one of the dangers that railroad workers can face. Asbestos exposure can prove deadly, yet many workers don’t realize that they have exposed to these fibers that, when inhaled, can get caught in the lungs and cause serious illnesses.

Just working around asbestos can be dangerous. If these fibers get onto one’s work clothes, family members and others are placed at risk.

It can be frustrating to know that your health and quality of life has been severely compromised because you were a loyal worker who was just doing your job.

CSX workers claim asbestos exposure caused cancer, The Record, March 16, 2010


Related Web Resources:

Why Do You Need to be Concerned About Asbestos?, US Environmental Protection Agency

Abestos, US Department of Health and Human Services

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Posted On: March 12, 2010

Your Employer Cannot Fire You For Submitting an Illinois Workers' Compensation Claim

A former B & J employee is suing B&J Food Service Equipment for letting her go after she applied for Illinois work injury benefits. Debra S. Frakes says she was let go on June 12. She claims that her termination caused her to lose wages and benefits, as well as experience suffering, pain, mental anguish, humiliation, and loss of enjoyment of life.

She is seeking over $50,000 in compensatory damages and punitive damages.

Illinois Workers’ Compensation
You cannot get fired for submitting an Illinois workers’ compensation claim for injury benefits. Unfortunately, some injured workers don’t realize this and may suffer in silence while paying the financial and emotional costs.

You should file your workers’ compensation claim immediately so that you can start getting your benefits. This should alleviate some of the financial pressure that can build up from medical expenses, rehabilitation, time off from work, and other related costs.

You work hard and you shouldn’t have to suffer financially because an injury occurred while you were doing your job. According to some studies, workers’ compensation claimants who seek out their benefits without legal help are more likely to get less than employees that hired a Chicago, Illinois workers’ compensation law firm.

Remember, you cannot sue your employer for personal injury, and the law entitles you to compensation for your work injuries. There is no reason why you cannot make sure you are given the maximum compensation that you are owed.

Work comp claim prompted firing, woman says, The Record, March 5, 2010

Related Web Resources:
Illinois Workers' Compensation Forum

Workers' Compensation, Nolo

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Posted On: March 10, 2010

16 Workers and the Widow of One of the Six Employees Killed in Kleen Energy Plant Blast File Their Workers’ Compensation Claims

One month after a catastrophic blast at the Kleen Energy Plant injured 17 workers and killed 6 other employees, 16 of the injured workers and the widow of one of the workers that died have filed their workers’ compensation claims for benefits. The deadly explosion happened at midday on February 8, causing damage to the plant, as well as to several nearby homes. Investigators believe that natural gas had pooled outside the power building and exploded.

Because the pipes going to the large turbines were being purged, natural gas was pumping through the lines at a high pressure. Investigators want to know why the workers that weren’t involved in the purging were in the building when, per industry guidelines, they should have been evacuated.

Among the workers who were injured were four Keystone Construction employees, a Securitas security guard, two Ducci Electric of Torrington employees, and 10 United/Anco Services carpenters. One Keystone worker, 59-year-old Charles Sposito, says he injured his knee and shoulder and sustained a concussion. Sposito was thrown against a wall as a natural gas pipe exploded. Another Keystone employee, 37-year-old Anthony J. Laudano, says he injured his back during the blast and has suffered from post-traumatic stress disorder as a result of the work accident. Many of the carpenters, sustained ear, eye, and head injuries.

Chicago, Illinois Workers’ Compensation
It is important that you file your work injury claim for benefits as soon as you can. This will increase the chances that you get your Illinois workers’ compensation sooner rather than later. Unfortunately, many injured Illinois workers don’t file their claims or agree to get paid far less than what they are entitled to receive.

Injured Workers, Widow File Compensation Claims In Kleen Energy Plant Explosion, Courant.com, March 5, 2010

Kleen Energy Connecticut Power Plant Blast Kills 5, Injures 12, Business Week/Bloomberg, February 7, 2010

Related Web Resource:
Illinois Workers' Compensation Act (PDF)

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Posted On: March 5, 2010

Utility Worker Dies in Chicago, Illinois Industrial Accident

A tragic Chicago, Illinois industrial accident has claimed the life of utility worker Michael Gryga. The 39-year-old Peoples Gas employee was testing equipment underground in the Loop on Wednesday afternoon when he and another worker were hit by a pressurized pipe.

One bystander, Kevin Spillers, was walking above ground when he saw dust floating out of the hole. He jumped in and helped remove sand from Gryga’s mouth and face to help him breathe.

Gryga, who sustained multiple injuries, died. The other worker was also critically injured.

Industrial Accidents
Over 1,00 workers die in the US each year because of industrial accident injuries. Common causes of industrial accidents:

• Gas exposure
• Falling objects
• Explosions
• Machinery defects
• Dangerous equipment
• Lack of the proper safety equipment

It doesn’t matter whether your Chicago, Illinois industrial accident was caused by someone’s negligence or carelessness. If you are employed, your employer will likely owe you and your family work injury benefits.

Chicago, Illinois Workers’ Compensation
Our Chicago, Illinois workers’ compensation lawyers cannot stress how important it is that an injured worker or his/her surviving family members file their work injury or death benefits immediately. You may even want to retain a Chicago work injury attorney to make sure that your employer’s insurer gives you everything you are owed without delay.

Utility worker killed in loop underground accident, ABC7 News, March 3, 2010

Frankfort man killed in Peoples Gas mishap downtown, Chicago Sun-Times, March 4, 2010

Related Web Resources:
Illinois Workers' Compensation Commission

US Department of Laborhttp://www.malmanlaw.com/lawyer-attorney-1199757.html

Continue reading " Utility Worker Dies in Chicago, Illinois Industrial Accident " »

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Posted On: March 2, 2010

Former Norfolk Southern Railroad Employee Files Illinois Railroad Worker Lawsuit Over Repetitive Traumas

Richard Curtis is suing Norfolk Southern Railway Company for the repetitive traumas he suffered because of his former job as a railroad employee. Curtis claims that he got hurt while working for the railroad company from 2004 until 2010 and, as a result, he sustained permanent and severe injuries to his body, hands, and wrists, as well as experienced great mental agony and physical pain. He also contends that he lost income, incurred medical expenses, and saw a decrease in his earning capacity.

Curtis says the railroad was negligent because it failed to:

• Provide adequate supervision
• Give him the proper tools and protective equipment
• Warn him about possibly dangerous conditions
• Implement safer working standards
• Provide a safe work environment

Curtis says that the railroad company gave him tasks that it knew went beyond his physical abilities. He is seeking over $50,000 plus costs.

Repetitive trauma can be extremely painful and lead to permanent, disabling, and debilitating injuries. Although these injuries may not happen immediately, they can render a railroad worker unable to do his/her job, which can result in lost earning capacity, income loss, and loss of benefits.

You can sue a railroad company for your railroad worker injuries. Common Illinois railroad worker injuries include:

Brain injuries
• Head injuries
• Shoulder injuries
• Neck injuries
• Back injuries
• Carpal tunnel syndrome

Former Norfolk Southern employee claims repetitive trauma, Madison Record, February 25, 2010


Related Web Resource:
Repetitive Motion Disorders, NIH.gov

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