Chicago Workers Compensation Lawyer Blog

Our Chicago workers’ compensation lawyers like to bring our readers information and updates about work injury news-related updates from other US states.

Yesterday, in Connecticut, the state’s Senate overwhelmingly passed what is being called the “chimp bill.” The bill expands police officers workers’ compensation rights in that it lets cops that were hurt when using deadly force against an animal obtain work injury benefits.

Supporters of the bill believes that such a law is necessary. It wasn’t that long ago that Officer Frank Chiafari was denied workers’ compensation for the trauma he suffered after fatally shooting Travis, a 200-pound chimp in February 2009. If you’ll recall, the incident made national headlines because Travis ended up severely mauling Charla Nash, who is now severely disfigured.

After attacking Nash, the chimp tried to attack Chiafari and that is when the police officer shot him. Following the tragic chimp mauling, Chiafari says he experienced crippling anxiety and depression. Not only was he traumatized by his encounter with the enraged, 200-pound chimp, but he was also severely disturbed by seeing Nash’s mauled body and face. The 53-year-old cop, who is married with three kids, says that following the chip attack, he would look at women and imagine that their faces were missing.

Chiafari sought therapy for his trauma and filed a workers’ compensation claim, which was denied. The city of Stamford eventually agreed to cover his therapy bills, but only after police and union officials intervened.

This bill lets cops receive workers’ compensation for injuries sustained while hurting or killing an animal.

Chicago, Illinois Workers’ Compensation
Just because your workers’ compensation claim was denied doesn’t mean that you should give up. Disputes between injured employees and their insurers happen all the time. This is why it is important that you speak with an Illinois workers’ compensation law firm who can fight for your right to receive work injury benefits.

'Chimp Bill' Passes Through Senate, EyeWitness News 3, April 29, 2010

After Shooting Chimp, a Police Officer’s Descent, New York Times, February 24, 2010

Related Web Resources:
Police: Pet chimpanzee, Travis, attacks woman in Stamford, NY Daily News, February 17, 2009

Workers' Compensation, Nolo

The New York Times says that a number of NFL teams are trying to move certain retired players workers’ compensation cases to their own states from California where retired pro athletes are allowed to file workers’ compensation claims for long-term injuries sustained even decades before as long as they played at least one football game in the state. If the players' respective football teams were to move the work injury compensation cases to their own states where players also have workers’ compensation rights, such as Ohio or Louisiana, the claims would become inviable or worth a lot less.

Now, the Cincinnati Bengals is suing a number of its retired players in court after they filed work injury claims in California, ignoring the clauses in their contracts restricting them to file their workers’ compensation benefits only in Ohio. The case, now in federal court in Ohio, will likely be decided soon.

Meantime, the Miami Dolphins are saying that under the collective bargaining agreement with the NFL players’ union, players must go through a special arbitration process and not file in California. Because Florida doesn’t consider professional athletes as employees, the system is similar to the one that handles injuries sustained by other Florida professionals.

However, according to the NFL players’ union, the Titans’ and Bengals’ contract clauses cannot be enforced. Under California law, employees cannot sign away certain work conditions. Also, the union is not allowed to bargain away these players’ rights collectively during negotiations over a new labor agreement. Attorneys for the union say that employees who are from US states that have limited workers’ compensation benefits are allowed to file in any state that will let them.

The New York Times reports that about 700 retired NFL players are pursuing their workers' compensation claims in California. The majority of them are likely to receive lump sum settlements in the 100K - 200K range.

Chicago, Illinois Workers’ Compensation
In Illinois, the Law Offices of Steven J. Malman & Associates represents workers injured in work accidents. Our Chicago workers’ compensation lawyers would like to offer you a free case evaluation.

Teams Dispute Workers’ Comp Rights, New York Times, April 6, 2010

Related Web Resources:
NFL

NFL Injuries, ESPN

A 37-year-old CSX rail yard worker died on Friday after a train rolled over her in a Riverdale rail yard. Melinda Carter was conducting routine switch operations, which involves moving cars to get them ready for delivery, when she was thrown from a locomotive, which then hit her. Carter was an experienced conductor who belonged to the railroad company’s safety committee.

Rail Yard Accidents
Rail yard injuries are not as uncommon as one would think. With locomotives constantly being moved around a yard, workers often put themselves at risk of serious injuries. Rail yard injuries have included spinal cord injuries, burns, limb injuries, repetitive trauma injuries, cumulative trauma injuries, traumatic brain injuries, amputations, broken bones, and death. You may be able to file an Illinois railroad worker injury lawsuit if you or someone you love was seriously injured while working in a rail yard.

Earlier this year, a jury awarded $33 million to a former Iowa Interstate Railroad train conductor who lost both his legs and his bowels during a 2007 Rock Island rail yard accident in 2007. Andrew Schultze was walking next to a train and attempting to pull a pin on a rail car when the pin lifter got stuck. Schultze tripped and fell and the rail car ran over him.

The jury awarded him $10 million for disfigurement, $10 million for loss of a normal life, $6.3 million for pain and suffering, $4.2 million for medical costs, and $2.5 million for the benefits and income.

Family mourns railroad conductor killed in yard accident, Chicago Tribune, April 24, 2010

Railroad employee gets $33 million for accident, Quad-City TImes, March 26, 2010

Related Web Resources:
CSX Corporation

Train Accidents Overview, Justia

Continue reading " Illinois Rail Yard Worker Killed After Train Rolls Over Her in Riverdale " »

Michael S. Carona, the former sheriff of Orange County, California, is taking his workers’ compensation case against the county to court. Carona is seeking to receive benefits for injuries he sustained during a car accident while on the job.

According to his workers’ compensation claim, Carona hurt his lower back when the unmanned vehicle that he was a passenger in rear-ended another auto. The driver that crashed the car was an investigator who had picked Carona up for work.

Following the car crash, Carona filed his workers’ compensation claim, which was accepted. It wasn’t until last month that he filed an application to take the case to court because there appears to be a dispute with the county over his claim.

Police Officer Injuries
Many police officers risk injury and death while doing their job. If you or someone you love is a Chicago police officer that was hurt in a work accident, it is important to file the Illinois workers’ compensation claim right away. It is also a good idea to speak with a Chicago workers’ compensation law firm to make sure that you receive everything that you are owed by your employer’s insurer.

Common police officer injuries:
• Dog bite injuries
• Gunshot injuries
• Stabbing injuries
• Slip and fall injuries
• Car crash injuries
• Severe trauma and emotional injuries

These injuries can be very painful and you may be forced to take time off work while you recover. The last thing that you need to worry about is how to pay your medical bills and other living expenses. There also may be third parties that you can hold liable for your Chicago personal injuries.

Carona pursues workers’ comp claim against county, The Orange County Register, January 20, 2010

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

Your Right to Workers' Compensation Benefits, Nolo

Jeffrey W. Stevens has filed a FELA lawsuit against Union Pacific Railroad. Stevens, who worked for the railroad company as a welder between 2004 and 2010, says that he sustained a number of repetitive traumas while repairing railroad tracks. He is seeking over $50,000 plus costs.

According to his Illinois railroad work injury lawsuit, Stevens sustained permanent and serious spine, neck, and body injuries and experienced great anguish and pain as a result of his job with the railroad company. This decreased his earning capacity and caused him to incur medical expenses.

Stevens is accusing Union Pacific of failing to provide him with suitable and safe equipment, tools, and working methods, as well as proper supervision. He claims that his former employer did not warn him of hazardous conditions, allowed unsafe practices to exist in the workplace, gave him jobs that it knew would cause physical injury and were beyond his physical abilities, and did not provide enough manpower.

Repetitive Strain Injuries
Repetitive strain injuries (RSI) can be very painful and debilitating. They usually affect the hand, wrist, elbow, shoulder, ankle, knee, or back. Damage may be temporary or permanent. Examples of repetitive stress conditions:

• Carpal Tunnel Syndrome
• Tendonitis
• Bursitis
• Herniated Disc
• Hand-Arm Vibration Syndrome
• Teonsynovitis
• Bursitis
• Chronic back pain
• Epicondylitis
• Ganglion Cysts

RSI’s develop over time when a worker engages in repetitive tasks that require physical force. Improper posture and awkward body motions can contribute to causing RSI.

Under the Federal Employers Liability Act, a railroad worker that is injured on the job may be able to pursue an Illinois railroad work injury complaint against an employer.

Railroad welder claims repetitive injuries in FELA suit, Madison Record, April 21, 2010

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

Union Pacific Railroad

Walter V. Duffy is suing Illinois Central Railroad Company for an asbestos-related disease he contracted. Duffy worked for the railroad company as an engineer and fireman from 1952 until 1995.

He says that during the course of working for the company, he was exposed to asbestos fibers and dust. In his railroad worker lawsuit, claims that Illinois Central Railroad Company did not give him a safe place to work, did not provide him with safe tools, neglected to safely operated the locomotive repair facility, and did not warn him about products that contained asbestos. He is also accusing the railroad company of negligence for failing to test him from time to time for any ill effects from exposure to the toxic substance, not limiting his access to areas where products with asbestos were present, not testing the products before the workers used them, and failing to give him a separate space for the clothing he wore outside of work.

Duffy says that because he was exposed to asbestos, he now has an asbestos-related disease and has experienced great pain and mental agony over what he perceives to be a permanent condition. He claims that his risk of developing mesothelioma or another type of asbestos-related cancer has gone up and that this frightens him.

Among the railroad worker damages he is seeking: lost wages, medical expenses, loss of the ability to provide his services, and a shorter life expectancy.

Railroad Workers and Asbestos Exposure
There are a number of railroad jobs that may increase a worker’s exposure to asbestos. Driving engines in areas where asbestos is present, checking locomotives’ mechanical condition, installing and repairing signals, coupling cars, loading and unloading cargo that contains asbestos, and putting together trains in yards are some railroad worker jobs that can increase the exposure risk. Asbestos can cause cancer. It can also result in serious disabilities and death.

Railroad worker sues over asbestos exposure, The Record, April 12, 2010

Related Web Resources:
Asbestos, EPA

Asbestos, OSHA (PDF)

A state appeals court says that Danielle Wood is entitled to workers’ compensation benefits. Wood was injured on January 29, 2008 after her shift at a Wendy’s had ended.

She had just clocked out and was walking toward to rear exit when she saw co-manager Delilah Stroud leaning against a Frosty machine. Wood stopped and used one arm to hug her. She was then was injured in a fall accident after stepping away from Stroud.

Wood, who has had to undergo knee surgery and physical therapy, filed a workers’ compensation claim. An administrative law judge determined that Wood wasn’t entitled to work injury benefits because her shift had ended, she wasn’t required to hug Stroud, and she could have gone straight to the exit. The state’s Workers’ Compensation Commission went on adopt the judge’s findings.

Now, however, a three-judge panel has reversed the commissions ruling and ordered that Wood receive her work injury benefits. The court’s opinion noted that because Wood had to go through a walkway that was two feet wide to leave the restaurant, she did not stray from her exit path when she paused to hug Stroud. The court also said that even if Wood had deviated from her employment duties when hugging Stroud, the fall accident happened after the embrace, not during, which means that when she got hurt she was in the middle of performing employment services while attempting to leave the restaurant.

Chicago, Illinois Workers’ Compensation
Unfortunately, disputes can arise between a worker filing a Chicago workers’ compensation claim and an employee. The disagreement may have to be worked out in arbitration, before the Illinois Workers’ Compensation Commission, or in court. Some workers’ compensation cases have even made their way all the way to the Illinois Supreme Court.

Court: Co-Workers’ Hug No Reason To Deny Compensation, SWTImes, April 16, 2010

Read the Opinion (PDF)

Related Web Resource:
Workers' Compensation, Justia

Illinois Workers’ Compensation Commission

Continue reading " Wendy’s Restaurant Employee Who Hugged Worker Before Getting Hurt Entitled to Workers’ Compensation " »

The family of Jose Meza is suing Metropolitan Water Reclamation District of Greater Chicago, F.H. Paschen, S.N. Nielson/IHC Construction, and New Holland North America, Inc. for his Cook County wrongful death. Meza, 38, died during a Chicago, Illinois construction accident on November 30 at the Calumet Water Reclamation Plant.

The ironworker was using a skid steer loader when his body harness got caught in the equipment. Meza, who worked for Industrial Fence, Inc., was thrown onto the ground and fatally crushed by the engine-power vehicle.

The Cook County medical examiner’s office determined that Meza’s cause of death was multiple fatal injuries from a construction vehicle accident. The South Side man’s family is seeking over $50,000 in Chicago wrongful death recovery.

Chicago, Illinois Construction Accident
With so many parties involved in overseeing and working a construction site, it is important that all safety protocols and proper procedures are followed to minimize the chance of serious injuries and deaths. Even with safety measures in place, the US Department of Labor and the Occupational Safety Health Administration consider construction sites among the most dangerous work sites in the US.

Construction accidents can cause such serious injuries that a worker may may be disabled or permanently injured for life. If you are someone with dealing with catastrophic injuries—whether your own or a loved one’s—from a work accident, Chicago, Illinois workers’ compensation may not be enough to cover all your losses.

Although you cannot sue an employer for your construction accident injuries, you are likely entitled to Illinois workers’ compensation benefits. You should file your claim immediately. You may also have grounds for filing a Cook County construction accident lawsuit against third parties that were involved in the construction project.

Suit filed over fatal accident at water reclamation site, Chicago Breaking News, April 12, 2010

Worker ran over at Chicago water reclamation plant, WiredNewsEngine, December 5, 2009

Related Web Resources:
OSHA

Construction Accidents Overview, Justia

Dangerous conditions continue to prevent rescue crews from finding four missing miners at the Upper Big Branch coal mine. At least 25 miners were killed in what is being called the worst US mine disaster in the last 25 years. The explosion occurred on Monday.

Relatives of those missing have been praying that the miners were able to get to a refuge chamber. However, if the chamber was not activated then the chance that any remaining workers’ survived is slim.

The source of the explosion has not been discovered, but combustible methane gas buildup is often the cause of mine blasts. President Barack Obama has asked federal investigators to issue an initial assessment of what caused the blast.

According to federal officials, Massey Energy, the mine’s operator, received two citations for safety on the day of the mining explosion. Mine Safety and Health Administration records show that one citation was for not properly sealing and insulating spliced cable electricals. The second citation was for not updating maps of aboveground escape routes.

Illinois Mining Accidents
If you were injured in an Illinois mining accident or if your loved one was killed during an explosion or another type of work accident, it is important that you submit your Illinois workers’ compensation claim as soon as possible.

You may be entitled to more than you know. This is where an experienced Chicago workers’ compensation law firm can step in. You cannot sue your employer for Illinois personal injury. By filing a workers’ compensation claim, you are choosing to avail of benefits that you are entitled to under the Illinois Workers’ Compensation Act.

Emotional Obama prays for mine blast victims, AFP, April 9, 2010

West Virginia Mine Rescue Resumes, Fire Threat Eases, BusinessWeek/Bloomberg, April 9, 2010

West Virginia coal mine still too toxic for rescue mission, The Christian Science Monitor, April 7, 2010

Related Web Resources:
Massey Energy Company

Mine Safety and Health Administration