Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

Posted On: February 28, 2011

Deceased Hospital Worker’s Relative Files $600K Cook County Construction Accident Lawsuit

A relative of Rajmund Zalewa is suing Pepper Construction and R.G. Construction for his Cook County wrongful death. The 26-year-old Prospect Heights hospital worker was killed last November after he was pinned by 1,400 pounds of drywall at Advocate Condell Medical Center. The Libertyville construction accident lawsuit seeks $600,000 from the defendants.

Zalewa, a member of the hospital’s housekeeping, was in an area of the building under construction when seven sheets of lead-lined drywall fell on him. Each sheet weighed 200 pounds. He was pronounced dead at the hospital less than an hour after he was discovered.

The Cook County construction accident complaint accuses the defendants of negligence for their failure to warn Zalewa about the danger of the site and for improper storage of equipment. The 12-count Cook County wrongful death complaint seeks $50,000/count.

As a hospital worker, Zalewa’s family is likely entitled to survivors’ benefits under Illinois workers’ compensation law. While he cannot sue his employer for Chicago personal injury, he can, however, seek third party compensation from the third parties that are not his employer but who may be responsible for his fatal work accident.

Illinois construction accidents can cause injury to not just construction workers, but also innocent bystanders who may get hit by falling debris or other hazards that can exist on a construction site. Often, there is likely more than one party involved on a construction job, such as the construction company, sub-contractors, engineers, architects, insurers, or the manufacturer of a machine. This means that there may be more than one party who should be held liable for your Chicago construction accident injury.

Suit blames Condell contractors for man’s death, News-Sun, February 11, 2011

Prospect Heights Worker Killed At North Suburban Hospital, CBS Local, November 18, 2010


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

Construction Accidents Overview, Justia


More Blog Posts:

$6.25 M Chicago Construction Accident Settlement for Injured Roofer, Chicago Workers' Compensation Lawyer Blog, July 14, 2010

High School Janitor Seeks Over $800,000 from Two Students for Work Injuries, Chicago Workers' Compensation Lawyer Blog, May 21, 2010

Injured Boilermaker Sues Third Parties for Personal Injuries Sustained in Illinois Work Accident, Chicago Workers' Compensation Lawyer Blog, November 30, 2009


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Posted On: February 25, 2011

Worker Sues Union Pacific Railroad Company Over Injuries from Floor Collapse

Lucas J. Barnett is suing Union Pacific Railroad Company for his work injuries that he says he sustained on January 25, 2010 when the floor he was sweeping collapsed. He is seeking over $50,000 plus costs for his Illinois railroad worker injuries.

Injuries Barnett says he sustained include blood clots, a torn peroneal tendon, deep vein thrombosis in his right calf, a pulmonary embolism, a lower back injury, and a cyst on his right wrist. He also says that he experienced great pain, mental anguish, disability, and extreme nervousness. He cites his medical expenses and lost income as among his costs.
Barnett says that Union Pacific did not provide safe equipment or a safe workplace.

Railroad Worker Injury Cases
Railroad workers can sue their employer for work-related injuries. Unlike Illinois workers’ compensation, which doesn’t allow workers to sue their employers but entitles them to work injury benefits, the Federal Employers’ Liability Act lets railroad employees sue for pain and suffering, rehabilitation, lost wages, medical expenses, and therapy. To obtain financial recovery, however, the worker has to establish that there was negligence on the railroad company’s part.

Contrary to popular belief, train accidents and railroad accidents are not the only type of incidents that can cause injuries to railroad employees. Repetitive strain injuries, back injuries, neck injuries, soft tissue damage, carpal tunnel injuries, machinery injuries, and illnesses from exposure to hazardous substances can occur while a worker is attending to daily duties on the job.

Union Pacific blamed for man's blood clot, The Record, February 24, 2011


Related Web Resource:
Union Pacific Railroad Company

FELA, Justia


Related Blog Posts:
Norfolk Southern Sued Over Repetitive Trauma Injuries, Chicago Workers Compensation Lawyer Blog, November 18, 2010

Railroad Worker Sues Norfolk Southern Railway for Back and Neck Injuries from Tamping Gun, Chicago Workers Compensation Lawyer Blog, October 8, 2010

Illinois Railroad Worker Injury Case: Conductor Sues CSX Transportation for Degenerative Spinal Condition, Chicago Workers Compensation Lawyer Blog, August 3, 2010


Continue reading " Worker Sues Union Pacific Railroad Company Over Injuries from Floor Collapse " »

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Posted On: February 18, 2011

Workers’ Compensation Claim by Former Miami Dolphins Player is in Dispute

The Miami Dolphins are asking a federal magistrate to dismiss the workers’ compensation claim filed by Kendall Newson. The former NFL team member suffered a knee injury in 2005 during a preseason game against the Pittsburgh Steelers. The injury ended his career. The Dolphins contend that if it had to pay medical bills and benefits to Newson under Pennsylvania law, it would suffer irreparable harm.

Newson sustained the serious injury before earning a major contract. He had to spend time at a nursing home so he could recovery and he has since then tried to work at a car wash. Newson's workers’ compensation lawyer says that former football player doesn’t have any money.

The NFL team is supposed to pay work injury benefits to its football players that are similar the benefits received by other workers under Florida's workers’ compensation law. However, per the current NFL labor contract, injured players in that state have to bring their case through arbitration. The Dolphins say that the workers’ compensation claim in Pennsylvania cannot proceed if the arbitration case in Florida is to go forward. Newson’s legal team is concerned that if, as expected, the owners lock out the players next month, any pending arbitrations will likely not be resolved.

In Florida, Newson would get no more than $651/month in workers’ compensation benefits. In Pennsylvania, he would receive compensation for related medical expenses and up to $716/week.

Illinois Workers’ Compensation
In Illinois, our Chicago workers’ compensation lawyers represent workers with work injury claims against their employers. Work injuries can occur in any kind of job and, unfortunately, many workers don’t realize that they may be entitled to work injury benefits.


Pittsburgh judge mulling Dolphins injury suit, Miami Herald/AP, February 14, 2011

Federal judge asked to rule on NFL player's injury case, Post-Gazette, February 14, 2011


Related Web Resources:
Types of Workers' Compensation Benefits, Nolo

Illinois Workers' Compensation Act (PDF)


More Chicago Workers' Compensation Lawyer Blog Posts:
Some NFL Teams Questioning Retired Players’ Workers’ Compensation Rights, Chicago Workers' Compensation Lawyer Blog, April 27, 2010

Does Playing NFL Football Cause Long-Term Head Injuries?, Chicago Workers' Compensation Lawyer Blog, October 31, 2009


Continue reading " Workers’ Compensation Claim by Former Miami Dolphins Player is in Dispute " »

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Posted On: February 10, 2011

State Arbitrator Tried to Keep Illinois Workers’ Compensation Hearings of Trooper Who Caused Deadly Car Crash that Killed the Uhl Sisters a Secret

According to the Belleville News Democrat, Illinois Workers' Compensation Commission arbitrator Jennifer Teague tried to keep public hearings of ex-Trooper Matt Mitchell a secret. The ex-trooper, who pleaded guilty to two counts of reckless homicide in the car accident deaths of Kelli Uhl, 13, and Jessica Uhl, 18, is seeking benefits for the injuries he sustained during the collision.

The vehicle he was driving struck the girls’ car head-on while Mitchell was texting and talking on a cell phone and driving 126 mph. The Illinois Court of Claims recently awarded the sisters’ parents $8 million—the largest award against the state ever recorded. Mitchell, who was sentenced to 30 months probation, eventually resigned form the Illinois State Police.

However, because the car crash occurred while Mitchell was on the job, he may still be entitled to receive Illinois workers’ compensation. An injured worker can still be eligible to receive benefits for causing his work injuries.

At issue in this latest development isn’t the validity of Mitchell’s claim. The question is why Teague was trying to keep the hearing date secret from the press. According to
Illinois Attorney General Lisa Madigan chief of staff Anne Spillane, attempting to keep the public or the media out of Mitchell’s hearing is “completely unacceptable.” Workers’ compensation hearings should be open to the public.

It is important that you realize that no one needs to be at fault for you to be entitled to receive Illinois workers’ compensation benefits. Even if you were at fault for causing your Illinois work accident, you are still likely entitled to work injury benefits.

Embarrassing Emails After Deadly Crash, Courthouse News, February 10, 2011

Worker's comp arbitrator tried to keep hearing secret, The Telegraph, February 9, 2011


Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Workers' Compensation Act


Related Blog Posts:
Ex-State Trooper Convicted of Motor Vehicle Deaths of Uhl Sisters Seeks Illinois Workers’ Compensation Benefits for His Injuries from the Crash, Chicago Workers' Compensation Lawyer Blog, September 9, 2010

Illinois Court of Claims Awards $8M to Family of Uhl Sisters Killed in 2007 Car Crash Caused by State Trooper Accused of Speeding, Texting, and Cell Phone Driving, Chicago Car Accident Lawyer Blog, January 20, 2011

Illinois Car Accident Lawsuit: Uhl Family Seeks $46 Million for Wrongful Death of Daughters From Police Pursuit, Chicago Car Accident Lawyer Blog, May 7, 2010

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