Chicago Workers Compensation Lawyer Blog

The highest court in Wyoming says that James L. Bell is entitled to medical benefits for a hernia he developed as a result of a work injury. The court’s ruling reverses a district court’s ruling that reversed the order made by the Office of Administrative Hearings.

Bell sustained a hernia when the spinal cord stimulator that he was using for the chronic back pain he suffered from another work injury malfunctioned and shocked him. This caused him to get up fast, fall, and develop an inguinal hernia.

The spinal cord stimulator had been implanted in Bell to treat his pain after he hurt his neck, shoulder, right leg, and back from slipping on a drain cover while at work in June 1993. He was awarded permanent total disability benefits for his work injury and continues to receive workers’ compensation benefits for his chronic pain. Aside from the spinal cord stimulator—Bell received one in 2000 and another one in 2006—he has been taking pain medications.

After the hernia was diagnosed, Bell underwent surgery in 2007. Unfortunately, payment for the medical care required to treat his hernia was denied on the grounds that it wasn’t related to his 1993 back injury. Bell contested the decision by claiming that his hernia was causally related to the original work injury from 1993. He noted that he was injured in a fall accident because of the faulty electrical stimulator, which he used because of the back pain he experiences as a result of the first injury.

Illinois Workers’ Compensation
Do not give up if your workers’ compensation claim has been denied. Under Illinois workers’ compensation law, workers injured while on the job are entitled to work injury benefits from their employer. Unfortunately, your employer’s insurer can try to deny or delay benefits, which is why it is a good idea to get legal help.

Wyo. SC rules man's hernia a work-related injury, Legal Newsline, October 1, 2010

Read the Decision

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

Workers' Compensation Benefits, Nolo

Kimberly Stapinski, a special education teacher's assistant who was injured when she fell during gym class has settled her civil lawsuit with the Plainfield School District for $30,000. The settlement is separate from the benefits she has received for Illinois workers’ compensation.

Stapinski was working at an elementary school when the Will County, Illinois fall accident happened on April 16, 2006. She injured her back and neck (court records indicate that she sustained two herniated intervertebral cervical discs). Stapinski was later fired from her job.

While the district has said the TA was let go from her job because she did not return to work and failed to offer documentation explaining her continued absence, Stapinski’s attorney argued that his client had medical excuses from two doctors and there was no legitimate reason for why she was fired. Stapinski filed a complaint claiming the school district had let her go as retaliation for getting hurt on the job and for submitting an Illinois workers’ compensation claim.

Before Stapinski underwent surgery, the district asked that a physician of their choosing conduct an independent medical evaluation. That doctor, Chicago orthopedic surgeon Charles Mercier, certified that her medical condition and pain were not work-related and that she should go back to work. However, Stapinski was not told of Mercier’s findings until the school district recommended that she be fired.

Stapinski had sought at least $50,000 for embarrassment, emotional suffering, inconvenience, humiliation, lost wages, employment benefits, compensatory benefits, and legal fees.

Illinois Workers' Compensation
Under Illinois workers' compensation law, employees injured on the job are entitled to work injury benefits. Their employers are not supposed to retaliate against them for seeking compensation for a work injury or illness.

District pays aide $30,000 in injury dispute settlement, Plainfield Sun, September 20, 2010

Illinois Workers' Compensation Act (PDF)

Related Web Resource:
Are You Eligible for Workers' Compensation Benefits?, Nolo

Matt Mitchell, the former Illinois state trooper who pleaded guilty to two counts of reckless homicide in the car accident deaths of 18-year-old Jessica Uhl and her 14-year-old sister Kelli has filed an Illinois workers’ compensation claim for the injuries he sustained during the 2007 car accident. Mitchell was on-duty when the vehicle he was driving collided with the car driven by Jessica on Interstate 64 close to O’Fallon on November 3, 2007.

According to investigators, Mitchell was emailing another cop, talking on his cell phone, and driving at speeds as high as 126 ph when his patrol car drove across a median and crashed head on into the sisters’ vehicle. At the time, Mitchell was hurrying to a traffic cash site.

As part of his plea agreement, Uhl was sentenced to 30 months probation. Following the fatal car accident, Mitchell was suspended with pay for two years. He eventually resigned from the Illinois State Police.

Meantime, the Uhl sisters’ parents are still waiting for a verdict in the Illinois wrongful death lawsuit that they filed with the Illinois Court of Claims. They are seeking $46 million in damages. Also injured in the high-speed crash were Kelly and Christine Marler.

Even though Mitchell caused the deadly car crash, he did so while doing his job and also was injured. This means that he may be entitled to receive Illinois workers’ compensation benefits for his work injuries. Also, under state law, negligence or recklessness on the injured worker’s part does not cause him/her to lose the right to receive work injury benefits.

Ex-trooper who killed two seeks workers' compensation, Stltoday.com, September 22, 2010

Ex-trooper convicted in double fatal crash wants money for his injuries, BND.com, September 21, 2010

Related Web Resources:
Illinois Car Accident Lawsuit: Uhl Family Seeks $46 Million for Wrongful Death of Daughters From Police Pursuit, Chicagocaraccidentattorneysblog.com, May 7, 2010

Illinois Court of Claims, CyberDriveIllinois

Ricky Koehler, a Clinton County man, says his employer let him go from his job because he submitted an Illinois workers’ compensation claim. He is now suing Kehrer Brothers Construction and Kehrer Brothers West Roofing for an unspecified judgment and punitive damages.

According to Koehler, he injured his left hand and wrist as a result of his job. He asked for an application for an adjustment of his work injury claim on June 6, 2008.

Koehler says that upon his return to work, a Kehrer officer suggested that he fire the workers’ compensation attorney representing him. Koehler contends that after he refused to let his lawyer go, his employer told him that there was no work available and fired him.

Koehler says that the company’s refusal to give him work was retaliation against him for exercising his rights under the Illinois Workers’ Compensation Act. He claims that because a Kehrer officer told other people in the industry not to hire him, he hasn’t been able to find work.

Illinois Workers’ Compensation Act
Under state law, injured workers are entitled to all necessary medical care required to treat their work-related injury, illness, or disease. Employers are generally required to carry Illinois workers’ compensation coverage and they are not allowed to retaliate against or harass an employee for availing of his work injury benefits.

In an ideal world, an injured worker would file his Chicago, Illinois workers’ compensation claim and receive all of the benefits that he/she is owed in a timely manner. Unfortunately, this is not always the case. The employer’s insurer may delay payments or even reject the claim outright. This can be very frustrating for the injured worker, who will likely have incurred medical expenses, taken time off work, or may be to sick or ill to resume working. You need an experienced Illinois workers’ compensation law firm representing you.

Injured worker claims he was discharged for filing work comp claim, The Record, September 16, 2010

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

Types of Workers' Compensation, Nolo

According to the Workers Compensation Research Institute, the growth in medical costs per Illinois workers’ compensation claim slowed in 2007 after the medical fee schedule was implemented the year before. This and other findings are reported on in a study called Monitoring the Impact of Illinois Regulatory Changes: CompScope Medical Benchmarks, 10th Edition.

Per the study, medical costs’ growth decelerated to 5% after a 12% average yearly growth during the three previous years. The regulations’ effect on hospital and nonhospital providers was a likely factor in the slowed rate. Even though the diagnosis-related group (DRG) based fee schedule that the state implemented was significantly higher than the schedule of many other states with similar regulations, the growth in hospital inpatient payments per episode slowed during the first post-fee schedule.

Prior to the 2006 and 2009 regulations, hospital payments per Illinois workers’ compensation claims were among the highest of the study. In 2007, these prices continued to be 65% higher than the median of 25 study states.

Among the states studied in 2007 and 2008, Illinois had higher utilization of medical services from nonhospital providers. Occupational/physical therapists treated injured workers during about 20 visits/claim—compared to the approximately 16 visits/claim experienced in the typical study state. Physicians in Illinois were treating injured workers during approximately 15 visits per claim—compared to the median study state, where doctors treated injured workers during approximately 10 visits.

Illinois Workers’ Compensation
As someone who was injured on the job, you are likely entitled to Illinois workers’ compensation, which should include medical care and, depending on the specifics of your work injury or illness case, temporary total disability benefits, permanent partial disability benefits, or permanent total disability benefits. In some cases, agreeing to a work injury settlement can be to your benefit.

Fee Schedule Slowed Growth of Illinois Injured Workers' Medical Costs, Insurance Journal, September 3, 2010

Related Web Resources:
Workers Compensation Research Institute

Illinois Workers' Compensation Act (PDF)

Continue reading " Illinois Workers’ Compensation Medical Costs Slowed in Growth After Implementation of Medical Fee Schedule " »

A 44-year-old construction worker was killed on Tuesday during a work accident at the Rainbow Dam construction site. Taun Kultgen suffered fatal injuries after he was reportedly crushed between two large trucks. The County Sheriff’s Office says that Kultgen was walking in between the two vehicles that were passing by each other when the crush accident happened.

Kultgen died from massive internal injuries. The State Crime Lab is examining his body.

In other work accident injury news, a worker sustained injuries to his lower body and hip when a 2,000-pound ink barrel crushed him on Wednesday. Police say that Justin Doak was trying to pour ink from the barrel into 5-gallon buckets when the barrel slid off a fork lift to land on top of him.

Last week, 47-year-old worker Kyle Damberg died at a construction site. He had been checking the status of the project when he fell unconscious. OSHA officials are trying to determine what caused the work accident.

Construction Accidents
Our Chicago construction accident lawyers represent workers and their families in Cook County, DuPage County, Lake County, and Will County, Illinois with Illinois workers’ compensation claims and third party lawsuits against defendants that are not the injured worker’s employer.

Chicago construction accidents can cause catastrophic injuries that can impair a worker for life. It is important that you receive all of the Illinois work injury compensation and construction accident recovery that you are owed.

Great Falls Workplace Accident: Worker Crushed by Trucks at Rainbow Dam Project, JusticeNewsFlash, September 9, 2010

Worker Crushed By 2,000-Pound Barrel, WLWT, September 9, 2010

Workplace accident claims Minnesota Power worker, BusinessNorth, September 7, 2010

Related Web Resources:
Construction Accidents, Justia

OSHA

What should have been a fun day as a movie extra shooting a scene for 'Transformers 3' turned catastrophic when a movie extra was critically injured on Wednesday. Gabriela Cedillo, a 24-year-old Chicago bank teller, was struck by a metal object that flew through the windshield of her car. She is reportedly in stable condition after undergoing brain surgery.

The work accident took place during a scene involving drivers heading down a highway as explosions went off. After she was struck, Cedillo’s car, which another movie extra says was being towed by another vehicle, kept moving before skidding for a mile along the concrete barrier median and then stopping.

The Occupational Safety and Health Administration is trying to determine whether Cedillo, a paid extra, was hired as an employee or as an independent contractor. If she was considered an employee, then her work injury case would fall under OSHA’s jurisdiction.

Cedillo’s work status could determine who can be held liable for her injuries. If she was retained as an employee, she will likely be entitled to workers’ compensation benefits. Although she wouldn’t be able to sue the company that employed her, there may be third parties that should be held liable.

Actor Injuries
Movie stars, theater actors, extras, stunt doubles, crew members, writers, producers, and others in the business have been known to get hurt on the job. Back injuries, burn injuries, voice injuries, dance injuries, neck injuries, fall injuries, stunt-related injuries, fatigue, repetitive strain, and other injuries have been known to occur to people employed in the entertainment industry.

In Cook County, DuPage County, Will County, and Lake County, contact our Chicago workers’ compensation lawyer to discuss your case.

'Transformers 3' wraps early in Chicago after an extra is injured, Los Angeles Times, September 3, 2010

'Transformers' extra has surgery, Toronto Sun, September 4, 2010

Transformers 3, IMDB

Related Blog Story:
Movie Actor Sylvester Stallone Says He Broke His Neck During Fight Scene, Chicagoworkerscompensationlawyerblog, January 9, 2010

The sister of Forest Park street sweeper Brian P. Miller is suing Elgin Sweeping Services Inc., Elgin Sweeper Company, and Schwarze Industries for his Chicago wrongful death. The 37-year-old man was allegedly killed last year when the street sweeper he was repairing fell on him. Now, Keri Goff is seeking over $600,000 in Cook County wrongful death recovery.

Miller was employed by Hunter Maintenance & Leasing Corporation at the time of the tragic Chicago work accident. According to police, on October 21, 2009, they arrived to find Miller stuck in the compressor of one of the trucks in the company’s rear lot. He was already unresponsive.

The Cook County Medical Examiner’s office says that Miller died after he got trapped in the sweeper. According to autopsy findings, Miller died from multiple injuries that he sustained from being pinned in the compressor.

In her Cook County wrongful death complaint, Goff accuses Elgin Sweeping Services of a number of negligent acts, including the improper repair, removal, modification, and alteration of safety pins and the improper repair of the street sweeper. Elgin Sweeper Company and Schwarze Industries designed and distributed the vehicles.

Family members who’ve lost loved ones in work accidents cannot sue the employer for Chicago wrongful death. The deceased’s spouse and children, however, are usually entitled to Illinois survivors benefits. If there is no eligible wife/husband and kids, then there may be other family members that qualify. They also may be able to sue third parties that are not the deceased’s employer for wrongful death.

Workers injured on the job are usually entitled to Chicago workers’ compensation. An experienced Cook County workers’ compensation law firm can help you obtain all of the benefits that you are owed.

Family of man crushed by sweeper files suit, WLS-AM 890

Street Sweeping Truck Accidentally Crushes Park Forest Man, eNews Park Forest, October 23, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Survivors Benefits Cases Filed in Illinois, Justia

According to the United States Department of Labor’s Bureau of Labor Statistics, between 2004 and 2008 there were an average 564 work-related homicides taking place in this country each year. Among the 2008 statistics:

• 99% of the 421 workplace shootings that happened were in retail trade.
• 10% of all fatal work injuries were workplace homicides.
• 4 out of every 5 homicide victims were male.
• 72% of assailants for men and 51% of assailants for women were robbers and other assailants.
• Personal acquaintances and relatives comprised 28% of assailants for women and 4% for men.
• There were 30-near-multiple workplace homicide incidents involving 7 suicides and 67 homicides.
• 80% of homicides (421 fatalities) involved shootings.
• 12% of shooters were ex- and current coworkers.
• 40% were robbers.
• 48% of shootings occurred in public buildings.
• 86% of shootings took place in the private sector.
• 14% took place in government.
• 26% of shooting decedents were involved in sales and related occupations.

Chicago, Illinois Workers Compensation
Our Chicago workers’ compensation law firm represents clients injured or those whose loved ones died from work-related accidents, illnesses, or crimes. Employees and their families cannot sue their employers, but they can avail of the work injury benefits that they are owed under state law. It doesn’t matter whether anyone was at fault.

Unfortunately, some insurers will try to dispute your claim. Or, you may receive less benefits than what you are actually owed. It is important that you have good Chicago, Illinois workers’ compensation legal representation.

Workplace Shootings, US Department of Labor

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

Illinois Department of Labor