Chicago Workers Compensation Lawyer Blog

The Occupational Safety and Health Administration has ordered NDK Crystals Inc. to pay a $510,000 fine for allegedly serious and egregious federal workplace safety standards violations related to a blast killed a trucker and exposed other employees to hazardous conditions.

The truck driver, Ronald Greenfield was in the parking lot of a service station when he was hit by a large chunk of debris last December. The debris came from the company’s crystal manufacturing building. Also injured was a woman who worked Grupo Antolin Illinois Inc. She was thrown during the explosion and treated at the scene before being released. The blast also exposed workers at the facility to hazards that were created as a result.

The explosion happened because a pressurized vessel exploded. Chunks of concrete, glass, sheet metal, and other debris went flying several hundred feet.

If you were injured in a work accident you must file your Illinois workers’ compensation claim as soon as possible so that your employer’s insurer can start covering your medical bills. You have enough to worry about without stressing out about whether or not you can pay for the medical care that you need. Even if your employer did not cause the injury you are likely entitled to Illinois work injury benefits. You also may be able to sue the party responsible for your work accident for Illinois personal injury.

OSHA fines NDK Crystals $510,000 for violations, Chicago Breaking News, May 27, 2010

NDK review may take months, RRStar.com, December 9, 2009

Related Web Resource:
Occupational Safety and Health Administration

Continue reading " OSHA Orders Belvidere Company to Pay $510,000 Fine for Deadly Blast that Killed Trucker and Exposed Workers to Hazards " »

Frank Kaszycki is seeking more than $50,000 in Cook County personal injury damages for injuries he sustained while working as a king at Medieval Times. The Deer Park man was hired last year to play the role of King Philippe. His work esponsibilities included speaking at the Medieval Times Dinner and Tournament Show and riding a horse.

During the show, actors playing the roles of kings, knights, princesses, and others are supposed to take part in simulated and choreographed combat, horsemanship, jousts, and falconry. Kaszycki says that he was injured on January 28 when the horse that he was being trained to ride reared. This caused him to fall backward onto the ground before the horse landed on him.

Kaszycki says that prior to working for Medieval Times, he had no experience riding horses. A fellow cast member, rather than the trainer, was training him. The trainer was not there that day. Kaszycki is suing Medieval Times USA and Medieval Knights LLC, the companies that operate the entertainment venue, for failing to control the horse and negligence.

Illinois Workers’ Compensation
Under Illinois law, employers must provide nearly everyone they hire or who is localized in the state with workers’ compensation insurance. If you have Illinois workers’ compensation, you cannot sue your employer for personal injury. However, your work injury benefits should cover your medical benefits and pay you at least partial wages while you are temporarily or permanently disabled. In certain situations involving an employer that doesn't provide workers' compensation, an injured worker may have grounds for filing an Illinois injury lawsuit. You also may be able to sue liable third parties for work injuries.

Man sues Medieval Times, Chicago Tribune, May 13, 2010

Related Web Resources:
Workers' compensation insurance: It's the LAW, Illinois Workers' Compensation Commission

Illinois Workers' Compensation Act

Medieval Times

Bradley O’Brien is suing Olin Corporation's and/or Global Brass and Copper because he says that he was fired after he submitted his Illinois workers’ compensation claim. O’Brien was injured when his hand got caught in the conveyor belt at work.

He says that Olin and/or Global Brass accepted his workers’ compensation claim but that after he filed for an adjustment of the claim with the llinois Workers' Compensation Committee he was harassed by fellow employees that demanded that he discuss his work injury claim with them or face firing. O’Brien contends that Olin and/or Global Brass employees harassed him in an attempt to stop him from exercising his rights under the Illinois Workers' Compensation Act.

He says that not only did they bother him about his claim abut they also told him on more than one occasion that he would be fired if he didn’t act out the incident that led to his Illinois work injuries.

O’Brien is seeking over $200,000 plus costs.

Illinois Workers’ Compensation
If the company that you work for harasses you or fires you for filing an Illinois workers’ compensation claim, your rights are being violated. While an employees that is injured on the job cannot sue his/employer, Illinois workers’ compensation exists to cover medical bills and other expenses and financial losses related to the work injury or illness. Do NOT let your employer or its insurer pressure you out of receiving the work injury benefits that you are owed.

Former Olin worker claims he was fired after work comp claim, The Record, May 25, 2010

Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Workers' Compensation Act (PDF)

Continue reading " Worker Says that His Illinois Workers’ Compensation Claim Led to His Termination " »

Gary D. Waltemate is suing Union Pacific Railroad Company for his railroad worker injuries. Waltemate says that he hurt his neck, back, and left shoulder on December 16, 2007 when the ground he was walking on gave way and he fell. At the time, Waltermate was tying down a train at the railroad company’s Sauget tie yard.

The railroad conductor blames the defendant for causing his fall accident injuries. He claims that Union Pacific did not provide him with a safe workplace or work conditions, neglected to take care of its employees’ health, failed to provide them with the proper safety measures, required that he walk on uneven surfaces, and knowingly made him perform tasks that could cause him injuries.

Waltemate says that because of his physical injuries, he has suffered mental anguish, incurred medical expenses, lost wage and benefits, had to undergo multiple surgeries, and experienced pain and suffering, Also, he says that his ability to work became diminished, as did his ability to participate in his normal life pursuits.

He is seeking a judgment of over $50,000 plus costs.

Railroad Worker Claims
Unlike other employees, railroad workers are not entitled to Illinois workers’ compensation, which provides employees with work injury benefits regardless of who was at fault. Railroad workers have to prove that their employer was at least partially responsible for causing their railroad worker accident, injuries, or illness. If an injured worker's Federal Employers' Liability Act (FELA) claim is successful, he or she may be able to obtain coverage for lost wages, rehabilitation, medical expenses, and pain and suffering.

Union Pacific worker alleges injuries after ground gave way, Madison Record, May 19, 2010

Related Web Resource:
Union Pacific Railroad Company

A Bellevelle West High School janitor is suing two students for the Illinois personal injuries he sustained while on the job. Keith Muskopf is seeking over 800,000 from the two minors, whose horseplay he claims caused his arm, shoulder, back, and neck. Muskopf contends that on May 7, 2008, Philsamrae Escaesenas and Ehhsan Hamden slammed an athletic storage door into his shoulder while running out of the school’s locker room.

As a result of the work accident, Muskopf says that he suffered mental anguish and physical pain, lost his normal life, and incurred medical costs. His wife Paula is seeking compensation for the loss of her husband’s affections, services, companionship, society, and consortium. She claims that his injuries have prevented her from seeing to her usual activities and business. Also named as defendants in the Illinois personal injury lawsuit are the teenagers parents, Marites and Rodolpho Escaesena and Nasser and Nadia Hamden.

Janitor Injuries
According to the Occupation Safety and Health Administration, in 2007 262 out of 10,000 full-time janitors were injured in work accidents. This figure is two times the average injury rate (122 out of 10,000) for all private worker industries. Common janitor injuries include repetitive stress injuries, shoulder injuries, chemical exposure, back problems, and electrocution accidents. Many janitors work odd hours, which can lead to stress, fatigue, and loneliness.

Work Injuries
Injured workers can sue parties that are not employers for Chicago personal injury. Meantime, their employer should provide them with Illinois workers’ compensation benefits.

School janitor claims student horseplay causes $800k in injuries, The Record, May 19, 2010

Related Web Resources:
Janitors and Custodians, AHealthyMe

Occupation Safety and Health Administration

Shannon French is suing Landshire for over $100,000 plus costs. She claims that her employer fired her for trying to file her Illinois workers’ compensation claim.

French says that she was working for Landshire on July 23, 2008 when she got hurt. She contends that she was let go after notifying the company that she was going to submit the claim.

In French’s Illinois lawsuit, she says that her termination was wrongful and an act of retaliation against her for exercising her legal rights under the Illinois Workers’ Compensation Act. She claims that she lost benefits and income, experienced mental anguish, and her reputation suffered damage.

Chicago, Illinois Workers’ Compensation
It doesn’t matter who or what caused your Illinois work injury. If you were injured while doing your job and your employer is supposed to provide you Illinois workers’ compensation, you are likely entitled to these benefits and you cannot be fired for seeking to avail of this right under the Illinois Workers’ Compensation Act.

So many people don’t realize that your work injury compensation will cover their medical expenses to treat their work injuries. Instead, they pay out of pocket and don’t avail of the disability benefits that they should be getting. In some cases, it may even to be an injured worker’s benefit to negotiate a lump sum settlement.

Do not give up just because your worker’s insurer tried to deny you Illinois workers’ compensation or your employer fired you as a result of your claim.

Worker claims she was terminated after seeking work comp benefits, The Record, May 17, 2010

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

A man who underpayed workers compensation coverage after underreporting how many employees worked for him at his nurse staffing agency has been ordered to pay $1.3 million in restitution to the state. The superior court judge also sentenced Joseph Baiden to five years supervised probation.

An investigation was instigated into Baiden’s company, Nurse Connection Inc. in 2008 after an anonymous tipster suggested that suggested that over a six-year period the nursing company owner had been falsifying payroll records and California and federal tax filings. Baiden was accused of trying to hide the actual risk to the insurance carrier by misrepresenting $20 million in payroll. This lowered his workers’ compensation premiums by nearly $1.3 million.

Baiden must also pay the state $110,000 for its investigative expenses. He also will have to turn in his yearly corporate tax returns to the district attorney’s office and insurance regulators. When he goes back to court in November for a progress report, he will have to provide proof of current workers’ compensation insurance.

Illinois Workers’ Compensation
Employers must provide workers with Illinois workers’ compensation coverage so that in the event of work-related injury, illness, or death, the employee can avail of these benefits. If your company’s insurer decides to deny your work injury benefits, there are steps that you can take to dispute their decision to deprive you of the compensation that you are owed. Unfortunately, many workers don’t understand that they have rights and don’t file Illinois workers’ compensation claims or settle for far less than they should be getting.

Calif. man to pay $1.3 million for underpaying workers’ comp. premiums, Insurance and Financial Advisor, May 11, 2010

Diamond Bar man suspected of fraud, properties seized, SGVTribune, August 19, 2009

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

A jury has awarded $7.87 million to former trucker Gary Will for construction accident injuries he sustained at a Budweiser distribution plant in 2006. Will, who was delivering materials to the construction site, was injured when he was forced to jump off his tractor-trailer in order to avoid getting hit by a concrete beam that a crane operator had lost control off.

The truck driver, who shattered both his heels during the work accident, sued the crane operator’s employer, Molin Concrete Products Co., for negligent crane operation and failure to abide by Occupational Safety and Health Administration and industry standards. The construction accident award includes compensation for lost income, lost future earning capacity, past and future medical bills, and pain and suffering.

Chicago, Illinois Construction Accidents
If you are a worker who was injured at a construction site, there may be a number of third parties that you can hold liable for your Chicago construction accident injuries. Who you can claim recovery from will depend on the specifics of your work injury accident. Possible liable parties might include the construction site owner, the project owner or develop, contractors, architects, engineers, subcontractors, equipment manufacturers, machine manufacturers, or suppliers. Injured construction workers are also likely entitled to receive Illinois workers’ compensation benefits.

A construction accident can result in catastrophic injuries, cause serious pain suffering, ruin the worker’s career (rendering him/her unable to work), and result in serious financial hardships from medical expenses, lost wages, and loss of future income. It is important that you get legal help so that you can obtain recovery from all liable parties.

Jury awards $7.87 million in worker injury case, StarTribune, May 7, 2010

Related Web Resources:
Molin Concrete Products

Occupational Health and Safety Administration

Gary L. DePrimio, a former Norfolk Southern Railway Company employee, is suing the company for his railroad worker injuries, which he says include brain damage, lung damage, and permanent damage to his body. He is seeking over $50,000 plus costs.

DePrimio claims that his injuries are a result of exposure to paint fumes, ballast dust, sand-blasted debris, toxic dust, and other airborne pollutants. He worked for the railway company for over three decades, from 1977 to 2007.

As a result of his railroad worker injuries, DePrimio says that he lost income, experienced mental anguish and a great deal of pain, incurred medical expenses, and his earning capacity became diminished. He claims that Norfolk Southern did not provide him with the correct equipment and tools, allowed unsafe work practices become the norm, did not provide him with a safe work place or work methods, made him do work that it knew was beyond his physical abilities and could lead to injuries, and did not have enough workers to get the job done.

FELA Lawsuits
As a railroad worker that was injured in the job, the Federal Employee Liability Act lets you seek compensation from your employer for medical expenses, therapy, rehabilitation, pain and suffering, and lost income. While some railroad worker injuries can occur in an instant, such as during a train accident or a railroad explosion, many railroad worker injuries can take years to develop. In addition to repetitive trauma, soft tissue damage, back injuries, neck injuries, and shoulder injuries, serious injuries and health issues can result from exposure to hazardous substances, such as industrial toxins, asbestos, and pollutants.

Norfolk Southern sued by worker claiming exposure to airborne pollutants, The Record, May 5, 2010

Related Web Resources:
Norfolk Southern Railway Company

Railroad Workers & The Federal Employers' Liability Act (FELA), Injury LawWiki

A traveling saleswoman who was injured in a 2003 car crash while driving from a business appointment to her office has taken her workers’ compensation case to the state Supreme Court. Liana Leordeanu is seeking work injury benefits for the massive head trauma she sustained that caused her to fall into a coma for three months and undergo 26 extensive surgeries to repair her skull and her face. In addition to shattering her skull, the 35-year-old also lost her left eye. She will have to spend the majority of the next two years in hospitals while she undergoes more surgeries to fix facial bones, remold her head, and reconstruct her sinuses. Leordeanu now finds it hard to remember names.

Following her catastrophic car accident—Leordeanu lost control of her vehicle and drove into a rock embankment—she filed a workers’ compensation that her employer’s insurer denied. The reason, according to American Protection Insurance Co., is that even though Leordeanu was traveling on business when the traffic crash happened and was headed to her office, the place of work she was headed to was also her home, which made going there for the night “personal” and not just “professional.”

American Protection Insurance Co. said that Leordeanu was disqualified from coverage because workers’ compensation doesn’t usually cover commutes to and from work and the state limits the availability of workers’ compensation for drivers on trips that combine personal reasons with the professional ones.

Leordeanu appealed to the state’s Department of Insurance and lost. She lost. A jury then decided Leordeanu had been working when the motor vehicle collision happened. However, in 2009, an Austin court ruled that because Leordeanu was going back to her office that also was her home, the personal aspect of her trip made her ineligible for insurance coverage under workers’ compensation. Leordeanu appealed the decision and her workers’ compensation case, which is now up for consideration by the Texas Supreme Court.

Leordeanu’s attorneys have pointed out that it didn’t make sense that she would have been eligible for work injury coverage if only her place of work was an actual office building and not her residence too. The outcome of this case will determine how much insurance protection employees who travel and work-from-home can rely on.

Workers' comp claim denied because of home office, Statesman, May 1, 2010

Read the eBrief before the Supreme Court of Texas (PDF)

Related Web Resource:
Workers' Compensation, Nolo

To settle allegations that it discouraged its employees from filing workers’ compensation claims and instead pressured them into using their own health insurance to cover their medical costs, Supermarket chain Raley’s will revise its workers’ compensation policies and pay $550,000 in a settlement with six California counties. By agreeing to settle, the company is not denying or admitting to the allegations.

Raley’s also has consented to improve record-keeping, provide mandatory workers’ compensation training for store managers, and contact a medical advice company to assess worker injuries and suggest treatment. Raley’s CEO and president Michael Teel says the supermarket chain cooperated with investigators and immediately fixed any problems to make sure that the company was in compliance with state workers’ compensation regulations.

An investigation was started in 2007 after a complaint was made that managers at one Raley’s owned store tried to stop an injured worker from filing a workers’ compensation claim. Two managers were later charged with insurance fraud. Investigators said that in an attempt to make the store appear to have an injury-free record and obtain bonuses as a result, managers discouraged workers who had gotten hurt from filing workers’ compensation claims. Investigators also discovered “widespread” instances of other managers trying to persuade injured workers to use their health insurance coverage instead of filing for workers’ compensation.

Chicago Workers’ Compensation
You have the right to file an Illinois workers’ compensation claim against your employer if you were injured on the job. Your employer cannot order you to do otherwise or punish you if you seek to avail of your workers’ compensation benefits. You shouldn’t have to pay for medical expenses caused by injuries or illnesses that you sustained because of your job.

Raley's to pay $550,000 to settle workers' comp accusations, The Sacramento Bee, May 4, 2010

Raley's case settles for $580,000, Mercury News, May 4, 2010

Related Web Resources:
Raley's

Illinois Workers' Compensation Commission

Gregory K. Masterson is suing Illinois Power Company, Power Maintenance and Constructors, Dynegy, Dynegy Midwest Corporation, and Illinova Corporation for injuries he sustained while working as a subcontractor. Masterson, an ironworker, was employed by Ben Hur Construction Company when he was injured on July 22, 2009.

According to his Illinois construction accident lawsuit, he fell through a hole (26-30 inches in diameter) on a grate floor, which caused him to sustain injuries to his right shoulder, right arm, and back. Masterson claims that because of his ironworker injuries, he lost significant income, incurred medical expenses, and experienced serious pain and suffering. He says that his ability to enjoy his life and take part in his usual activities became impaired.

Masterson says the defendants neglect him to provide him with a safe workplace, failed to make sure the hole was properly covered, and did not provide the standard railing or toeboard around the hole in the grate floor.

He is seeking over $200,000 plus costs.

Ironworker Injuries
The Center to Protect Workers’ Rights says that the number one cause of injuries to ironworkers is fall accidents. Not only do many ironworkers work at elevated heights, but they are also prone to trip and fall and slip and fall accidents because of the kind of equipment they have to work with and around. They also risk serious injuries from getting hit by falling construction materials. Dangerous power tools can also cause painful injuries. The Bureau of Labor Statistics considers ironworkers to have one of the most dangerous jobs in the US—all the more reason why the proper safety measures must be in place.

As an injured ironworker, you likely won’t be able to sue your employer for personal injury. If so, then you should receive Illinois workers’ compensation for your work injuries and other related costs. You can also file third party lawsuit against individuals and entities that are not your employer but were responsible for your injuries.

Ironworker falls through grate floor, sues over injuries, The Record, April 30, 2010

Related Web Resources:
Center to Protect Workers’ Rights

Bureau of Labor Statistics