Chicago Workers' Compensation Attorney Blog

As the number of workplace fatalities and injuries continue to tick downward in a decade-long trend nationwide, the Bureau of Labor and Statistics reports that the number of American workers who lost time at work due to an injury hovers around 1.1 million cases out of 3.7 million reportable incidents.

Additionally, the BLS found that 4,340 Americans lost their lives while simply doing their job in 2009.

A total of 193 workers were killed in Illinois work accidents, with most fatalities occurring in management or professional occupations, construction, production and transportation.

For another 95,500 Illinois workers, on-the-job injuries resulted in reduced work hours, job transfers or restrictions, a 2007 survey produced by the Illinois Department of Public Heath reports.

So while incidents of death or injury on the job continue to drop, influenced in part by a flagging economy and surging rates of joblessness, thousands of Illinois workers sustained a workplace injury severe enough to require time off, while nearly another 200 workers lost their lives.

If you have been injured or someone you know has been injured or killed in a Chicago-area work-related accident, speaking with an experienced Chicago workers’ compensation attorney can help you better navigate workers compensation law.

Rates of workplace homicides have fallen by 50 percent since 1994 with 521 deaths recorded nationally in 2009. About 80 percent of work-related homicides were shooting incidents. Work-related suicides are also seeing a drop of nearly 10 percent since 2008, and even the sales of workers’ compensation insurance policies are seeing a decline for the third consecutive year, Bloomberg.com reported.

If you would like to discuss your workers' compensation rights fully, or if you feel that you have been unfairly denied benefits that you legitimately qualify for, we would appreciate the opportunity to evaluate your situation. Our experienced workers' compensation attorneys may be able to assist you through the various stages on the appeals process and negotiate with insurance companies on your behalf.

Continue reading "Nearly 100,000 employees injured in Illinois work accidents despite economic downturn" »

According to the 2009 Illinois Workers’ Compensation Commission annual report, roughly 200,000 work-related accidents involving Illinois workers are reported each year. Thankfully, most workers injured on the job do not lose time from work, nor do they experience lasting health effects from their accident.

For little more than a quarter of Illinois workers, however, or about 55,500 statewide and nearly 22,000 in the Chicago region alone, injuries were severe enough for them to file a workers’ compensation claim. If you or someone you know has been injured or killed in a Chicago work-related accident, contacting our Chicago workers’ compensation attorneys is a good first step to understanding your rights.

Other times, a personal injury or wrongful death lawsuit should be filed, either in conjunction with a work accident claim or as a stand-alone case.

The Chicago Sun-Times reported last week that 71 former Motorola employees and their families have filed a lawsuit in Cook County Circuit Court against the company, claiming that Motorola knew that chemicals used in sterile “clean rooms” were toxic and could cause birth defects in children born to the exposed.

The suit alleges that at least 30 children born to workers employed by the company between 1965-2007 demonstrate serious birth defects ranging from brain malformations to spina bifida to cerebral palsy and include other skeletal, physical and developmental defects.

Motorola declined to comment, citing pending litigation.

An investigation by CBS-5 revealed the chemical in question is called Ethylene Glycol Ether, a commonly used substance by a host of chip manufacturing companies through the 1990s.

The lawsuit further alleges that Motorola should have known about the potentially harmful reproductive effects upon the exposed after a 1986 John Hopkins University study. That study the effect of workplace exposure to certain chemicals and solvents including Glycol Ether.

Continue reading "Chicago region leads State by wide margin in workers’ compensation claims" »

An Illinois work accident that killed two teenagers working in a grain bin could have been prevented, the Associated Press reported.

"This was very preventable," said OSHA spokesman Scott Allen in the Department of Labor's Chicago office. "There are OSHA regulations that should have been followed and it appears they were not."

A third teenager was hospitalized; the preliminary investigation found that one of the workers was underage and the other employees lacked the proper safety equipment. The health and safety of teenage employees is governed by state and federal labor laws. A Chicago workers' compensation lawyer should be contacted whenever a young worker is injured on the job.

The accident happened in a grain bin owned by Haasbach LLC of Mount Carroll in northwestern Illinois. Holes were cut into the sides of the bin to drain thousands of pounds of corn so that the trapped workers could be freed. The three workers were inside the bin at the time of the accident. I fourth worker outside the bin was not injured.

Two employees, ages 19 and 14, were pulled from the bin and pronounced dead. A 20-year-old employee was hospitalized in fair condition. The preliminary investigation found that none of the employees were wearing safety harnesses or had life lines. The 14-year-old worker should never even have been allowed inside the grain bin.

"There was no reason for anyone under the age of 18 to be doing work inside the bin," Allen said.

OSHA reports 16 deaths inside grain bins in the last decade.

Continue reading "Safety and labor violations reported in fatal Illinois work accident" »

The Occupation Safety and Health Administration has published new rules for cranes and derricks, which replace the antiquated rules the industry has been operating under since 1971.

Chicago construction accidents often involve falling objects or employees who are injured after being struck by heavy equipment or building materials. The new rules are aimed at preventing some of the leading causes of construction fatalities, including electrocution, crushed/struck-by hazards, and collapsing and overturning cranes.

"The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary of Labor Hilda L. Solis. "After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning."

The new rules will apply to about 267,000 construction and crane companies nationwide and will affect nearly 5 million construction workers.

"The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners."

The complete federal rulebook for Cranes and Derricks is available here.

Continue reading "New rules for cranes and derricks could reduce the risk of Chicago construction accidents" »

The Illinois construction accident that claimed the life of an employee in a Christmas Day incident on the campus of Illinois State University was avoidable, the Pantagraph reported.

Our Illinois workers' compensation lawyers work with employees who have been injured in construction accidents. In some cases, a personal injury or wrongful death lawsuit may be filed in conjunction with a work accident claim.

The ruling by a McLean County coroner's jury involved the death of a 57-year-old employee of Bloomington's Stark Excavating. The company declined to comment. The employee was killed after a large piece of a concrete pillar facade fell on the excavator he was operating. The employee and his crew had arrived to clear the broken pillar pieces, which weighed thousands of pounds each.

The coroner's jury foreman said the jury felt the crushing death was accidental. But they wanted the company to create a safety inspection team and to develop better training. Jurors heard from a number of witnesses and reviewed statements and reports, including the report from the Occupational Safety and Health Administration.

The company's risk-management director said the company had no formal inspection team but that workers inspected equipment prior to each job; much of the discussion had centered around a nylon sling that broke when workers attempted to lift at 8,780-pound piece of pillar. He said the team working on Christmas day consisted of several veterans with decades of experience.

OSHA fined the company $28,000 in the wake of the accident.

Continue reading "Christmas Day Illinois construction accident could have been prevented " »

The jobless rate in Chicago fell in June, the first year-over-year decline in more than three years, the Chicago Sun-Times reported. The rate dropped from 10.9 percent to 10.6 percent. However, the month-over-month figure shows the rate rose from 10.4 percent, representing a monthly loss of 61,900 jobs.

The Great Recession has caused great upheaval in the workplace. Layoffs frequently mean that remaining employees are doing more with less and may be at greater risk of suffering a Chicago work accident. Likewise, new employees are entitled to safety training and may be at increased risk of being injured on the job. Sometimes a new employee, or an employee laboring under the constant threat of layoffs or downsizing, may be reluctant to report a work injury. Our Chicago workers' compensation attorneys remind employees that properly reporting a work injury is critical to protecting your rights and the financial well-being of you and your family.

There are laws in place to protect employees from being fired or otherwise retaliated against for reporting a work injury or unsafe working conditions. The long-term risks of not reporting a work injury are too great to sacrifice for short-term job security. Those who fail to properly document a work injury may be unable to collect should future medical complications force time away from work or result in a disability.

The workplace will remain more volatile than usual as the economy moves toward recovery.

“Any economic rebound following the most profound national recession in decades will include slight up-and-down movements in the unemployment rate as well as the number of jobs created," said Illinois Employment Security Director Maureen O'Donnell.

It is more critical than every that employees protect their rights when injured on the job in Illinois.

Continue reading "Recovering economy leaves employees at high risk for Chicago work injury" »

An employee has died in an Illinois mining accident at the troubled Peabody Energy Mine in southern Illinois, the Associated Press reported.

Our Illinois work injury lawyers just reported about ongoing problems at the mine. Illinois has 19 operating coal mines and substantial mining operations across the southern portion of the state. We wrote recently on our Chicago Workers' Compensation Attorney Blog that the two largest mining disasters to ever occur in the U.S. both happened in Illinois in the 1940s.

In this accident, an employee was struck by a piece of heavy equipment while working underground at Peabody Energy's Willow Lake mine, according to the federal Mine Safety and Health Administration. Federal regulators consider Willow Lakes a problem mine; in June, the agency was granted an expedited hearing before the Federal Mine Safety and Health Review Commission. Peabody officials termed that move "publicity seeking" on the part of the federal government.

The mine has been fined $230,000 for violations termed "significant and substantial" since late 2008, meaning the government believes serious injury or death could result from the alleged safety infractions. Cited problems, according to the government, include failure to provide adequate protection from cave-ins, and excessive accumulation of combustible materials.

The Willow Lakes facility is large by U.S. standards and employs about 450 people. It produces 3.4 million tons of coal annually.

The Wall Street Journal reported that the worker was killed in an underground incident involving a shuttle car. The mine is closed while state and federal authorities conduct a full investigation.

Peabody officials claim they have taken aggressive steps to improve safety at the mine, including an all-day training session to review safety practices among management, employees and federal mine-safety representatives.

Continue reading "Illinois work accident claims life of employee at troubled coal mine" »

A walkout staged by workers on the Eisenhower Expressway led to headaches for motorists over the Fourth of July weekend, as drivers were left to deal with half-paved roads and unfinished upgrades, the Chicago Tribune reported.

Such work stoppages can also increase the risk of a Chicago work injury as workers return to even tighter deadlines and demanding bosses. Millions in bonuses are frequently on the line in large scale construction projects for work completed early or on time. And companies can face millions in fines if a job falls behind schedule.

Health care is reportedly the main issue between the companies and the Chicago Laborers District Council and Local 150 of the International Union of Operating Engineers. As we all know, health care and its associated costs are a major issue in the workplace these days. In this instance, the union apparently felt a work stoppage was necessary to increase their leverage at the bargaining table.

Meanwhile, dozens of construction projects in the Chicago area are in limbo, including a 32-story building at Roosevelt University and a main roadway in Oak Park.

Some companies may also attempt to use a workers' absence against an employee who has filed an Illinois workers' compensation claim.

Construction workers who are injured on the job should always consult with a Chicago injury lawyer to protect their rights. Filing a claim and complying with reporting requirements is critical, even in cases where an employee does not believe he or she is seriously injured. Medical complications car arise months, or even years, after a work injury and failure to comply with reporting and other requirements can leave an employee unable to collect compensation for lost wages and medical expenses. An employee who suffers serious complications from an unreported work injury may also be unable to properly apply for and collect disability benefits in Illinois.

Continue reading "Striking works can face increased risk of Chicago work accidents when returning to the job" »

The Occupational Safety and Health Administration has announced a Severe Violators Enforcement Program directive that took effect on June 18. Announced in April, the program focuses on employers who continually disregard their legal obligations to protect workers.

Chicago work accidents frequently result when an employer fails to adequately provide for the safety and security of workers. Illinois workers' compensation benefits are available to any worker who is injured on the job. Workers may also be entitled to additional compensation if they are injured by faulty or defective equipment, dangerous working conditions, or because they lack the proper training and safety equipment. Contacting a Chicago work injury attorney is the best option to protect your rights.

The OSHA directive targets employers who repeatedly endanger workers. The directive establishes procedures and enforcement actions, including increased inspections. Inspections at other work sites a company operates may also fall under the guidelines if similar hazards or deficiencies are present. Employers may fall under the act if they have committed willful or repeated violations or failed to correct violations in one of more of the following circumstances:

-A fatal or catastrophic situation.

-In operations or processes that expose workers to severe occupational hazards.

-Environments that expose workers to highly hazardous chemicals.

-All egregious enforcement actions.

High emphasis hazards will be targeted and include fall hazards, amputations, combustible dust and other hazardous materials. Other areas of emphasis will include guarding floor and wall openings and holes; proper safety equipment for scaffolding; mobile ladders, stands and scaffolding; powered platforms for building maintenance; vehicle mounted elevating and rotating work platforms.

Continue reading "OSHA to target repeat violators in effort to reduce Illinois work accidents" »

A recent case decided by the U.S. Court of Appeals illustrates why an injured worker should always consult an experienced Chicago workers' compensation attorney when dealing with a work-accident or wrongful termination claim.

An employee of American Airlines suffered a Chicago work injury and was later fired for lying to a supervisor about his ability to drive -- the company conducted an independent investigation and caught him driving his personal vehicle. He then apparently attempted to represent himself in a wrongful termination suit and work injury claim, which he lost after failing to comply with a judge's instructions on repeated occasions.

In this case the defendant was hired by American Airlines at O'Hare International Airport in 2000; he injured his arm and shoulder while working as an aircraft fueler in 2007. He reported the injury to his supervisor, who completed the company's paperwork. On two subsequent occasions, his supervisor attempted to schedule a board of injury hearing to determine the cause of the work accident. On one occasion, the employee said he was restricted from driving by his doctor and on another occasion he reported having to pick up his son.

Ultimately, the employee's supervisor and union representative held the hearing over the phone. However, an undercover investigation by the company witnessed the employee out driving his car (contradicting the reason he gave for being unable to attend in person). He was fired for violating company rules against dishonesty.

A month later, the employee filed a claim for Illinois workers' compensation benefits and a lawsuit for wrongful termination.

In deciding whether the employee was wrongfully terminated as a result of filing a workers' compensation claim, the court looked at the three requirements for proving such cases: 1) that the defendant was an employee prior to injury; 2) that he exercised his rights under the Workers' Compensation Act; and 3) That is discharge was casually connected to filing a claim.

The only question in this case is whether the termination was adequately connected to the work-injury claim. The court ruled the company had just cause for firing the employee for being dishonest and upheld the lower court's ruling, which dismissed all of the employee's claims against the company.

Not only does this case illustrate why hiring a Chicago workers' compensation lawyer is critical to protecting your rights, it also underlines the fact that employers frequently check on claimants. Employees who are off work due to a work injury may be subjected to undercover surveillance or other tactics companies use to bolster their case. Your actions during a work injury case could end up being used against you in the courtroom.

Continue reading "Employers may conduct surveillance on workers claiming work injury" »

Peabody Energy said Tuesday that it welcomes a request by the U.S. Mine Safety and Health Administration for an expedited hearing regarding the safety of its Illinois mine. But it said the formal announcement by regulators was publicity-seeking and inflammatory. While few think of Illinois when it comes to the oil, gas and mining industry, the state is one of the nation's largest players in the natural resources industry.

Employees who are injured on the job or believe they are being forced to work amid dangerous conditions should contact an Illinois work injury attorney to discuss their rights.

Safety in the natural gas, crude oil and mining industry has been in the news recently because of several high-profile incidents, including the explosion of the Deepwater Horizon rig in the Gulf of Mexico, a rupturing natural gas pipeline in Houston and April's mining disaster in West Virginia, which claimed the lives of 29 miners.

Illinois has substantial mining and pipeline operations across the state. The U.S. Energy Information Administration reports 19 coal mines are operating in Illinois.

In fact, the two largest mining disasters to occur in the United States since 1940, both happened in Illinois. In 1947, an explosion at the Centralia No. 5 mine in Centralia, Illinois killed 111 employees. Four days before Christmas 1951, an explosion at the Orient No. 2 mine in West Frankfort, Illinois killed 119 miners. The third largest mining disaster in U.S. history occurred in 1909 in Cherry, Illinois when 259 miners died in a fire.

The safety of the Willow Lakes mine, an underground facility in Saline County, Illinois, has been in dispute for several years. The mine employs about 400 people and shipped about 3.7 million tons of coal to utility customers in 2008. The government has fined the company $230,000 and cited it in both 2008 and 2009 for safety violations, including failure to do enough to protect against roof collapse and not preventing excessive combustible materials in the workplace.

The Bureau of Labor Statistics classifies the entire oil and gas industry as mining and reports that 2,320 injury cases and 174 fatalities occurred in 2008. The three most frequent causes of serious mining accidents were transportation accidents (41 percent), struck by object or equipment (25 percent) and fires and explosions (15 percent).

Illinois also processes about 1 million barrels of oil per day and has one of the 10 largest oil refineries in the United States: The Wood River Refinery processes 306.000 barrels of oil per day. Other Illinois oil refineries include the Exxon Mobile refinery in Joliet, which processes 238,600 barrels of oil per day; the Robinson refinery handles 204,000 barrels per day; and a refinery in Lemont processes 167,000 barrels per day.

Continue reading "Mining and refinery accidents can lead to Illinois work injuries" »

A Cahokia man has filed a lawsuit seeking more than $100,000 in damages after alleging he was fired for filing an Illinois workers' compensation claim.

The St. Clair Record reports the man began working for Allied Services in August 2008 and was fired on Nov. 12. The employee claims in a lawsuit that he was terminated after filing a workers' compensation claim as the result of an Illinois work accident suffered on Sept. 4. The man reported the accident, received medical treatment, filed a workers' compensation claim, took time off work and received benefits before being fired.

The lawsuit was filed in St. Clair County Circuit Court on May 24.

"The Plaintiff was terminated from his employment with the Defendant in retaliation for exercising his rights under the Illinois Workers' Compensation Act when he was terminated under the pretext of leaving work without notification and a reduction in the work force but was actually terminated due to his exercise of rights under the Illinois Workers' Compensation Act since the absences were due to his work related injury," the lawsuit states.

The employee said the termination cost him substantial lost wages, the loss of his medical and dental insurance, his accrued sick and vacation time, seniority and his 401(k) and pension benefits.

The current economic environment has employers on an unprecedented drive to seek cost savings and reductions in work force whenever possible. The U.S. Bureau of Labor Statistics reports employee productivity increased 2.8 percent in the first quarter of 2010 while per-unit labor costs declined by 1.3 percent. Productivity has shot up more than 6 percent in the last year, the largest increase in nearly a decade. Meanwhile, the unemployment rate in April increased in 291 or the nation's 372 largest metropolitan areas.

From a practical standpoint, employees are afraid to lose their jobs, and in some cases such fear can make them hesitant to report a work injury. Meanwhile, employers continue to squeeze more work from fewer employees, leading to a greater risk of a work accident. Additionally, the current downsizing trend too frequently masks an employer's decision to shed workers who have been injured or are costing a company money through workers' compensation benefits.

Continue reading "Employers may hide behind downsizing when improperly firing employees who suffer a Chicago work accident " »