Posted On: October 29, 2010

Family of Cop Sues City for Workers’ Compensation

Although employees and their families usually cannot sue an employer for personal injury, this recent civil case is an example of why it is so important that you explore your legal options even if you are told that you are not entitled to workers’ compensation benefits. There may be other ways to obtain all the work injury recovery that you are owed.

In Alabama, the family of Cpl. David Brown is suing the city of Montgomery for is work injury benefits. Brown was critically injured on September 11 while escorting a funeral procession. Following the motorcycle accident, the ambulance that was transporting him turned over on an interstate ramp.

While the city says that it does not owe workers’ compensation to Brown, because he was off-duty at the time and under contract with the funeral parlor, his family contends in their civil lawsuit that the cop had received the police department’s permission to do this job and was even riding a police motorcycle when the collision occured. His family wants the city to declare that his brother was on-duty when the work accident happened.

Brown, who was recently placed on a ventilator after developing pneumonia, is now on medical disability retirement and will receive retirement benefits for life. Additional leave time and other available benefits are also being extended to him.

Chicago, Illinois Workers’ Compensation
Do not take no for an answer merely because your employer’s insurer has denied you your work injury benefits. There are legal remedies to help you obtain the Illinois workers’ compensation that you are owed.

Cpl. Brown's Family Sues City for Worker's Comp., WNFCTV

Update: Montgomery mayor says twice-injured Cpl. David Brown can't get worker's comp, AL/Associated Press, October 28, 2010


Related Web Resources:
Illinois Workers' Compensation Commission

Workers' Compensation, Nolo

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Posted On: October 20, 2010

As Workers’ Compensation Costs Go Up, Frequency Claims Go Down

According to an NCCI Holdings Inc. research brief, last year, indemnity and medical severity for workers’ compensation claims continued to go up while the frequency of these types of claims continued to drop. The downward trend in frequency claims is expected to continue through 2010.

NCCI says that better safety practices, robotics use, and a workforce that is getting older have played parts in the ongoing frequency decline. The company noted that complex claims, including those involving lower-back issues and carpel tunnel syndrome, has gone down over the last five years.

That said, the drop in frequency has been partially offset by rising claim costs. Last year, average indemnity costs went up about 4.5% even though there was a decrease in average weekly wages. Also in 2009, average medical costs for workers’ compensation claims went up 5%. NCCI says this is the lowest increase in the last 15 years.

Illinois Workers’ Compensation
As an employee working in Illinois, your employer likely offers you workers’ compensation benefits for in the event that you are injured, get sick, or die in a work-related accident. Unfortunately, many injured workers never even file a work injury claim or, if they do, they agree to receive far less than what they should get paid.

Employers and insurance companies are not going twist your arm to get you to push for the maximum work injury benefits possible. This is why it is so important that you are represented by a Chicago workers’ compensation lawyer who can advocate on your behalf.

Workers compensation costs rise as claims frequency drops: NCCI, Business Insurance, October 18, 2010

NCCI Holdings


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

Continue reading " As Workers’ Compensation Costs Go Up, Frequency Claims Go Down " »

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Posted On: October 15, 2010

Carpenter Injured in Chicago Construction Accident Awarded $1.477 Million

A jury has awarded carpenter James Conwell $1.477 million for his Chicago construction accident injuries. Conwell, 51, was injured when he fell off an inadequate ladder at a Cook County construction site. At the time that the ladder collapsed, he was carrying one end of a 100- to 120-pound beam that he was supposed to use as a doorway header. The beam struck him on the back of his neck and head and he sustained serious and permanent injuries. He continues to suffer from neck pain, aura migraines, severe hyperacusis in the right ear, and tinnitus.

According to the Chicago construction accident complaint, James McHugh Construction Company knew that subcontractors at the site were using ladders that were not adequate for the job yet did not take them away until after Conwell’s injury accident. The lawsuit is also accusing the construction company of failing to abide by its own safety rules and procedures.

The Cook County jury found that McHugh did not comply with OSHA and ANSI regulations, neglected to reasonably expect the premise to ensure safety compliance, and did not provide Conwell with appropriate equipment.

At the time of the Chicago work accident, Conwell was an employee of Kole Construction, which was a subcontractor on this job.

Construction accidents can be catastrophic. If you are hurt in a construction accident, it is important that you file your Illinois workers’ compensation claim immediately. Unfortunately, receiving the maximum work injury benefits that you are owed isn’t a guarantee—although it should be. Disputes have been known to arise, which can deprive an injured employee of the resources he/she needs to recover and get on with life. An experienced Chicago workers’ compensation law firm can help you with this.

You also may have Chicago injury lawsuits that you can file against liable parties that are not your employer.

$1.477 Million Verdict Rendered in Construction Site Accident, EarthTimes, October 15, 2010

Construction Safety, National Institute for Occupational Safety and Health

Occupational Safety & Health Administration

American National Standards Institute

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Posted On: October 8, 2010

Railroad Worker Sues Norfolk Southern Railway for Back and Neck Injuries from Tamping Gun

James w. Bernard is suing Norfolk Southern Railway. He says he hurt his back and neck while operating a tamping gun. He is seeking over $50,000 plus costs.

Bernard claims that he sustained his railroad worker injuries on October 2, 2007. He says that not only did he sustain physical injuries, but also that he experienced a decrease in his earning capacity, suffered mental anguish and pain, incurred medical expenses, and lost income. Bernard says that Norfolk Southern was negligent in failing to make sure that he had the proper equipment and tools, did not make sure he was adequately supervised, allowed unsafe practices to become common, and neglected to warn of a reasonably foreseeable hazardous danger.

Railroad Worker Injuries
Most railroad workers are protected under the Federal Employees Liability Act (FELA), which allows injured workers to sue their employer. FELA cases can result in much larger compensation than Illinois workers’ compensation cases. However, while an employer doesn’t have to have been negligent in order for an injured employee that is not a railroad worker to receive work injury benefits, an injured railroad employee must prove that the employer was negligent in order to receive compensation for disability, pain, and suffering.

Working as a railroad employee can result in serious injuries. Over years of working at a railroad, cumulative injuries, repetitive strain, back injuries, shoulder injuries, neck injuries, and other injuries can result. Catastrophic injuries can occur during a railroad accident. A railroad worker seriously injured on the job may not be able to go back to work.

Norfolk Southern sued over tamping gun injury, Madison Record, October 6, 2010

Related Web Resources:
Norfolk Southern

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

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