Chicago Workers Compensation Lawyer Blog

A 49-year-old grain bin worker was killed on Friday during an Illinois work accident at the Hillsdale Grain Elevator in Geneseo. Henry County Coroner David Johnson says that he believes that Raymond Nowland died from asphyxiation. An autopsy will be conducted to verify his cause of death.

The deadly Illinois work accident happened at around 3pm as Nowland was removing wet corn from inside the bin. The corn collapsed on the worker and covered him.

Rescuers in grain removal trucks and with their equipment were unable to rescue Nowland in time. OSHA is going to investigate whether proper safety precautions had been put in place and whether the deadly Illinois work accident could have been prevented.

Illinois Workers’ Compensation
Our Illinois workers’ compensation law firm wants to remind you that if your family member was killed in an Illinois work accident, you should file your claim for survivors’ benefits as soon as possible. An experienced Illinois workers’ compensation lawyer can make sure you receive the maximum that you are owed.

Some reasons why grain bins are a suffocation hazard:
• New grain bins tend to be large in size, as are grain handling rates
• Often, grain bin workers work solo when moving or monitoring grain
• A worker may start grain transfer without realizing there is a co-worker in the bin
• Inadequate rescue response plan
• Inadequate safety measures

It doesn’t matter whether anyone was at fault in causing an Illinois grain bin accident. Employers should provide their employees with Illinois workers’ compensation for their work-related injuries or illness. Family members of a worker killed because of his/her job should get survivors' benefits.

Worker dies in Geneseo grain elevator accident, WQAD, August 27, 2010

Suffocation Hazard in Grain Bins, University of Arkansas Division of Agriculture (PDF)

Related Web Resources:
OSHA

OSHA Lambasts Grain Companies for Workplace Deaths and Injuries, FairWarning, August 5, 2010

A sustained serious injuries during an Illinois construction accident while working with a bucket truck at a grain bin on Wednesday. The man was flown to the hospital for treatment of his leg and head injuries.

In other recent Illinois construction accident news, a highway construction worker was killed when he was hit by a dump truck that backed over him in Rushville on Tuesday on US 24. The worker that died, 24-year-old Thomas Acker, worked with the Schuyler County Highway Department.

Chicago Construction Accidents
There are safety measures that must be in place in order to decrease the risk of injury or death from a construction accident. Construction work can be dangerous work to begin with, which is why carelessness is not an option when it comes to keeping workers safe.

That said, regardless of whether anyone was at fault in causing a construction accident, most workers are entitled to Chicago workers’ compensation for their work injuries, illness, or the death of a loved one on the job. Injury victims and their families may also be entitled to damages from liable third parties, which is an issue that an experienced Chicago construction accident law firm can help you determine and pursue.

Cook County construction accident lawsuits have been successfully won against construction companies, sub-contractors, engineers, architects, building designers, equipment manufacturers, insurer companies, and others. With so many parties potentially involved, determining who is liable can be a complex process. The sooner you retain the services of a good Chicago construction accident law firm, the easier it will be to figure out what happened and who caused it.

Construction accident seriously injures worker in Nokomis, Illinois, KMOV, August 25, 2010

Illinois man dies in highway work accident, Hannibal Courier Post, August 24, 2010

The U.S. Occupational Safety and Health Administration has fined SeaWorld $75,000 following the death of a trainer who was mauled by one of its killer whales. Federal workplace safety officials say that the sea park committed a “willful” violation when it exposed trainers in a manner that could allow the animals to strike or drown them. OSHA also contends that SeaWorld has shown “plain indifference” or “intentional disregard” when it comes to employee safety and failed to “make meaningful changes” to improve such deficiencies.

Trainer Dawn Brancheau was killed last February when a 12,000-pound killer whale pulled her into the water and drowned her at the SeaWorld in Orlando. Dozens of tourists, some of them were attending the "Dine with Shamu" show at the time, witnessed the tragic accident.

Since Brancheau’s death, trainers are no longer allowed in the tanks with orcas.

According WESH.com, Brancheau’s husband Scott Brancheau has hired a wrongful death lawyer. It is not known at this time whether he intends to sue SeaWorld or another party.

Generally, employees and their families are usually entitled to workers’ compensation or survivors’ benefits and cannot sue an employer for personal injury or wrongful death. However, Florida law has a narrow exception that allows an employee to file a civil suit against an employer if the latter knew without a doubt that the worker was at risk of injury or death.

Illinois Workers’ Compensation
Filing a Chicago workers’ compensation claim or a third party injury lawsuit can be a confusing process unless you have an Illinois workers’ compensation law firm working to ensure that you receive all that you are owed. Getting hurt or losing someone you love in a work accident is an unfortunate occurrence and there is no reason that you should incur additional financial losses when other parties should be held liable.

Husband Of Killed SeaWorld Trainer Hires Lawyer, WESH, August 25, 2010

Feds cite SeaWorld in trainer's death, SignonSanDiego, August 23, 2010

SeaWorld trainer Dawn Brancheau dies in killer-whale attack in Orlando, Palm Beach Post, February 25, 2010

Related Web Resources:
SeaWorld

OSHA

SeaWorld Trainer Dies in Fatal Killer Whale Attack, ChicagoWorkersCompensationLawyersBlog, February 25, 2010

According to the Bureau of Labor Statistics, US workplace deaths dropped 17% last year to hit a record low –largely in part to the decline in construction deaths and as unemployment rates reached their highest level in 25 years.

Across industries, there were 4,340 worker fatalities last year, down from the 5,214 worker deaths in 2008. Also, construction worker deaths among private construction companies went down 16%.

More US Worker Fatality Statistics:
• Workplace fatalities among blacks went down from 533 in 2008 to 407 last year.
• Deaths involving white workers went down 16% to 3,059.
• The number of homicides at work declined by 1% to 521 fatalities—80% of the deaths involved shootings.
• Workplace suicides dropped 9.9% to 237 deaths.
• Transportation accidents were once again the number one cause of worker deaths—20% took place on highways.
• Agriculture, fishing, forestry, and hunting deaths dropped from 672 in 2008 to 551 worker deaths last year.
• There were 278 crop production-related deaths last year.

The biggest workers’ compensation insurers last year in terms of policy sales were Liberty Mutual Group Inc., Travelers Cos., National Association of Insurance Commissioners, American International Group Inc., and Hartford Financial Services Group Inc.

Illinois Workers’ Compensation
Who was at fault should not be a factor when it comes to receiving Illinois workers’ compensation benefits. Under state law, workers injured on the job are entitled to work injury benefits from their employer’s insurer. It is unfortunate that sometimes disputes arise over whether or not these benefits are warranted. Our Chicago, Illinois workers’ compensation lawyers are here to fight for our clients so that they can receive the benefits owed to them.

Worker Fatalities Fall 17% on Decline in Construction Deaths, Bloomberg, August 19,2 2010

Bureau of Labor Statistics, US Department of Labor

Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Department of Labor

A jury has awarded $30.4 million to an Illinois worker that says he became disabled after he was exposed to the buttering flavor ingredient diacetyl while on the job. Gerardo Solis developed bronchiolitis obliterans, a disease also known as popcorn lung, after working at a Flavorchem Corp. plant between 1998 and 2006.

The defendant of this Chicago injury lawsuit is BASF Corp., the largest chemical company in the world and a supplier of diacetyl. It is expected that in the next 10 years, Solis, who now has 25% normal lung capacity, will have to undergo a lung transplant.

Popcorn Lung
The only cure for Popcorn lung is a transplant. The disease can inflame the small airways in the lungs, leading to scarring while eliminating air flow. It can also cause fatalities.

Popcorn plant workers are among those at risk of suffering from this condition. The National Institute on Occupational Safety and Health discovered the connection between popcorn factory workers and bronchiolitis obliterans in 2003 and 2004. Hundreds of workers have been affected, and a number have filed civil suits.

One worker was awarded $20 million. Other ex-Jasper Popcorn Co. plant workers were also awarded injury compensation, including two $15 million popcorn lung awards and a $2.7 million award. Butter flavoring suppliers International Flavors & Fragrances Inc. and Bush Boake Allen Inc. were the defendants.

Illinois Workers’ Compensation and Third Party Lawsuits
Remember that as an injured employee, not only are you likely entitled to Illinois workers’ compensation from your employer but there also may be liable third parties that you should receive Illinois personal injury compensation or wrongful death recovery from.

llinois worker wins $30 million verdict in diacetyl popcorn chemical lawsuit, The Joplin Globe, August 16, 2010

Jury Awards Popcorn Lung Victim $30 Million, NewsInferno, August 17, 2010

Related Web Resources:
Popcorn May Cause Lung Disease, ABC News, September 6, 2007

Preventing Lung Disease in Workers Who Use or Make Flavorings, NIOSH

Energy giant BP has agreed to pay a $50.6 million fine for safety violations related to a March 23, 2005 refinery accident involving explosion that killed 15 workers and injured 170 others. Some of the victims were contract workers. The deadly blast happened during the restarting of a unit after it had undergone repairs.

When workers began to fill a tower with gasoline, the tower overflowed, sending excess gas into a back-up unit that also overflowed. A geyser of gasoline then shot up into the air. The gas created a large vapor cloud on the ground, which was likely ignited by an idling truck. Several office trailers filled with workers were destroyed.

The Occupational Safety and Health Administration originally fined BP $21 million dollars for failing to take sufficient action to protect workers from the blast. After determining that BP still had not met its commitments to worker safety, last year the fine was increased to the current amount.

The wrongful death and injury attorneys for those that were injured and killed are hoping that now that BP has admitted that it has repeatedly failed to meet safety standards the company’s criminal probation will be revoked. BP reached a $373 million plea deal in 2007 over the 2005 Texas City refinery blast, a number of investigations related to an oil pipeline leak, and price fixing in the propane gas market.

BP is also now liable for billions of dollars in compensation payouts and fines following the massive oil spill in the Gulf of Mexico this year. There was also the blast that sank the Deepwater Horizon drilling rig, which BP had leased, last April. 11 workers were killed when the rig exploded.

Chicago Worker Injuries
In Lake County, Will County, DuPage County, and Cook County, Illinois, our Chicago workers’ compensation lawyers represent workers with work injury claims against their employers. We also represent employees with third party Chicago injury and wrongful death lawsuits related to their work injury accident.

BP to pay 50 million dollar fine for deadly 2005 Texas blast, AFP/Google, August 12, 2010

Relatives Fear the Dead Oil Rig Workers Are Forgotten, AOL News, May 23, 2010

The Explosion At Texas City, CBS News, October 29, 2006

Related Web Resources:
BP Global

Illinois Workers' Compensation Act (PDF)

Continue reading " BP Must Pay $50.6 Million Fine for Deadly 2005 Refinery Blast that Killed 15 Workers and Injured 170 Others " »

Fifty years after they were exposed to radiation while working as a Blockson Chemical employee in Joliet, Illinois, many of the former workers and their survivors have yet to receive payment from the Energy Employees Occupational Illness Compensation Program. The fund that was created to compensate those who, without adequate protection, were exposed to high levels of radiation while on the job.

Fund recipients are supposed to $150,000 plus medical benefits. If the afflicted worker is no longer alive, then their surviving family members are entitled to get compensation.

Blockson employees that are eligible to get work injury compensation from this fund developed cancer because they helped construct atomic weapons between March 1951 and June 1960. Yet Department of Labor statistics reveal that of the 363 claims filed by former Blockson workers and relatives, only 102 have been paid. Many have not even been apprised of the status of their claims. Also, of 5,170 claims filed by former employees from 29 eligible Illinois facilities, the fund has paid only 1,250 of them.

Hopefully, this situation will soon change. Federal officials are expected to rule on a special petition filed on behalf of the former employees and surviving family members. The petition seeks to eliminate the requirement that a claimant must prove that his/her cancer was caused by the radiation. A claim would still, however, have to provide a physician’s verification that the former worker was afflicted with one of several kinds of cancer.

It can be devastating to find out that you now have a life-threatening illness or disease because of the hazards that you were exposed to at work.

Former Joliet chemical workers wait for radiation funds, Chicago Breaking News, August 2, 2010

Facilities Eligible for Funds, Chicago Tribune

Related Web Resources:
Energy Employees Occupational Illness Compensation Program

Continue reading " Many Ex-Blockson Chemical Employees Still Haven’t Received Worker Compensation for Radiation Exposure at Joliet, Illinois Chemical Plant " »

A 48-year-old construction worker has died from injuries he sustained during a blast at a condominium work site. The fire marshal is not yet sure what caused the explosion that claimed William Nichols’ life. However, construction work taking place in the basement that caused propane to release rapidly may have been a factor. It took firefighters about 90 minutes to pull Nichols from under burning debris.

Also injured in the construction accident were 72-year-old David Bethel and 43-year-old Robert Dena. Both men, along with Nichols, work for Deno Electric. 17-year-old Thomas DiPlacido sustained burn injuries. Two firefighters and another worker were treated for their injuries and later released.

In other recent construction accident news, two workers were injured earlier this week when they fell into a 10-foot ditch. They were in stable condition when they were transported from the work site to the hospital.

On Tuesday, the collapse of 16 trusses at a work site injured a 46-year-old construction worker. Greg Murphy sustained head injuries after he fell 25 feet and struck his head. Another worker, 29-year-old Jared J. Morisset, hurt his left ankle. 35-year-old Jeff W. Spanhanks hurt his left hip.

On Wednesday, a teen worker was killed in a construction accident when a high wind that could have been moving at a force of 47 mph blew over a concrete wall that had recently been built. Keith J. LaFountain died from blunt-force trauma injuries.

Chicago, Illinois Construction Accidents
Remember to file your Chicago workers’ compensation claim as soon as possible. Or, if your loved one was the one who died in a Chicago construction accident, you should submit your claim for survivors’ benefits and find out if you are entitled to file a third party Chicago wrongful death lawsuit.

Blackstone Man Killed in Condo Blast, Telegram, July 30, 2010

Man injured in Menomonie construction accident, Leader-Telegram, August 4, 2010

2 Workers Hurt In Esparto Construction Accident, CW, August 3, 2010

Edgerton school's wall falls, kills teen worker, ToledoBlade, August 5, 2010

According to WednesdayJournalOnline.com, the Village of Oak Park went over its budget by almost $1 million in 2009 to settle Illinois workers’ compensation and personal injury claims on public property. Oak Park paid $857,137 for 15 separate claims, which was twice the $350,000 it had anticipated paying.

Oak Park chief financial officer Craig Lesner says that workers’ compensation payouts for time off taken by injured employees is the number one reason the village has gone above budget. The second biggest reason for going over budget is the $412,241 paid for Illinois premises liability claims, including Oak Park trip and fall accidents on public sidewalks. The village is attempting to come up with ways to decrease the number of work injury incidents and slip and fall accidents in the future, which will hopefully cut costs.

In Illinois, not only do injured workers get paid while they take time off work to recover, but they can also seek to receive an Illinois workers’ compensation settlement after they go back to work. Unfortunately, insurers can sometimes make it difficult for injured workers to receive all of the work injury benefits that they are owed. There are also workers who make the mistake of not filing their Illinois workers’ compensation claim or waiting until much later to do so.

Remember, you cannot sue your employer for Chicago personal injury, but you are likely entitled to Chicago workers’ compensation, which should cover your medical expenses and pay you an income. The amount that you are entitled to get will, of course, depend on the specifics of your case and Illinois workers’ compensation rates.

Oak Park over budget by nearly $1 million on workers comp, settlements, Wednesday Journal Online, August 3, 2010

Benefits Rates, Illinois Workers' Compensation Commission

Related Web Resources:
Village of Oak Park, Illinois

Workers' Compensation, Nolo

Timothy M. Thompson is seeking over $150,000 plus costs from CSX Transportation. The railroad conductor, who has worked 42 years on the job, says that exposed to unsafe work conditions has left him with cumulative and repetitive trauma, as well as caused the degeneration of his upper extremities and his spine.

Thompson says that he blames the railroad company for his railroad worker injuries. He is accusing CSX of committing a number of negligent acts, including failing to give him a safe work place with safe work conditions and safe work methods and equipment.

The railroad conductor claims that as a result of the poor work conditions that he was subjected to, he has experienced mental anguish, great pain and disability, and extreme nervousness that have led to him developing his degenerative, disabling, permanent, and progressive injuries. He also says that his earning capacity has been impaired, he has already lost large sums of money, and he has incurred medical expenses.

Railroad workers can sue their employers for their work injuries. Unlike other workers, railroad employees are not covered under the Illinois Workers’ Compensation Act, which provides workers with work injury benefits regardless of who was at fault. However, under the Federal Employer’s Liability Act, railroad workers can file work injury lawsuits. Compensation under FELA is based on comparative negligence and not a benefits schedule.

Common railroad worker injuries:
• Back injuries
• Repetitive injuries
• Spinal injuries
• Train accident injuries
• Joint injuries
• Neck injuries
• Burn injuries
• Slip and fall injuries
• Hand injuries
• Wrist injuries
• Elbow injuries
• Knee injuries
• Shoulder injuries

CSX conductor claims injuries over 42-year career, Madison Record, July 20, 2010

Related Web Resources:
CSX Transportation

Railroad Workers, Encyclopedia of Chicago