Chicago Workers' Compensation Attorney Blog

Our Chicago workers' compensation lawyers will be closely watching the actions of politicians in Springfield this legislative session as workers' compensation reform hits the agenda. Just as the medical profession screams about the cost of medical malpractice lawsuits, so do businesses bemoan the cost of workers' compensation insurance.

And just as medical malpractice lawsuits have been shown to constitute only about 5 percent of the overall cost of health care (or less than one year's increase) in a system that kills 98,000 people a year through medical negligence, so too is the subject of workers' compensation premiums an overblown issue championed by big business at the cost of injured workers.

In both cases, it will be the Illinois trial lawyers who stand for the voiceless.

Both Democratic and Republican leaders at the Statehouse have announced a bipartisan panel to study the issue, as well as possible cuts to Medicaid. The panel is slated to begin the new year with its report on Jan. 3, in time for possible action by lame-duck lawmakers before the incoming legislatures take their seats as a result of the November election.

While business points to studies that show Illinois workers' compensation claims are high compared to some other states, the Insurance Journal reports cost increases have slowed to just 5 percent a year thanks to reforms passed in 2006.

The studies also show that Illinois workers are among the most likely to miss at least a week of work as a result of a Chicago work accident or on-the-job injury elsewhere in Illinois. This could be improved by better workplace safety initiatives instituted by employers.

And, while Illinois had a higher instance of attorney involvement, the study found cases in which an attorney was retained typically resulted in a more routine claims process. And the average payment to attorneys, $2,883, was one-third lower than the median amount in the 15 states studied.

Continue reading " Chicago work injury lawyers monitoring moves by lawmakers to "reform" Illinois workers' compensation laws " »

The Occupational Safety & Health Administration is warning retailers to do their part to avoid Chicago work accidents and injuries to customers and guests during Black Friday sales events and the upcoming holiday season.

The government work-safety watchdog has sent a letter to the CEOs of 14 of the nation's largest retailers, reminding them of the trampling death of an employee during a 2008 Black Friday sales event and warning them of their responsibility for the safety of employees and guests alike.

"Crowd-related injuries during special retail sales and promotional events have increased during recent years," said Assistant Secretary for OSHA Dr. David Michaels. "Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

With up to half of retail profits coming in the next six weeks, stores are pulling out all the stops to lure customers. HDTVs, iPads, e-Readers and other hot electronics top the shopping lists for many. Retailers frequently provide a limited quantity at below cost in an effort to attract large crowds to start the shopping season.

OSHA's safety plan for retailers includes trained security, barricades or rope lines for pedestrian safety and crowd control, and emergency plans to address potential dangers.

Tips for Emergency Situations:

-Do not block exit doors or traffic flow.

-Have a plan in advance for calling and coordinating emergency response.

-Keep first aid kits and Automated External Defibrillators available.

-Have personnel trained in CPR and the use of AEDs.

-Instruct employees to follow the instructions of first responder, regardless of company rules.

Continue reading " Lack of safety planning puts employees and customers at risk of accidents during holiday shopping season " »

With next weekend being the biggest travel holiday of the year and the area on the cusp of winter weather, the Illinois Department of Transportation is reminding motorists about safe winter driving. Chicago car accidents and traffic accidents elsewhere in Illinois are frequently caused by ice, snow, wet weather and poor visibility.

Our Illinois workers' compensation attorneys remind motorists that the state's "Move Over" law requires that they move over or slow down for road crews, including highway construction workers and snow-removal personnel. The Bureau of Labor Statistics reports that more than 100 construction workers a year are killed in highway construction accidents.

“IDOT has continuously and effectively implemented a proactive approach to safely remove ice and snow during winter months,” said Illinois Transportation Secretary Gary Hannig. “Motorists should plan ahead and provide sufficient time to reach their destination, slow down, buckle-up and eliminate all potential distractions in their vehicle before driving. Safety is the number one priority at IDOT and it is never compromised.”

Foul weather also increases the risk of serious or fatal traffic accidents for delivery drivers, truckers, law enforcement officers and other employees whose jobs require that they drive. Nationwide, nearly half of all fatal on-the-job accidents involve transportation mishaps.

Fatal accidents claimed 911 lives in Illinois last year. One-fourth of all fatal accidents occurred on wet roads, claiming 128 lives. An additional 29,552 crashes were attributed directly to snow and ice.

The Illinois State Police also urges motorists to drive defensively and to yield to road crews working to keep the roads clear.

"During the winter months, motorists can help protect those who work to keep our roads safe, by yielding to emergency vehicles. The Move Over law requires drivers to change lanes, or reduce speed and proceed with caution when approaching stationary emergency vehicles displaying flashing warning lights," said Illinois State Police Acting Director Jonathon Monken. "Reducing speed, avoiding distractions, and practicing safe driving habits are crucial in the winter months. There is simply less room for error during inclement weather."

Illinois Winter Safe Driving Tips include:

-Don't crowd the plow.

-Watch for black ice. Take it slow as you approach exit ramps, bridges and shady areas.

-Keep your gas tank at least two-thirds full.

-Don't travel in bad weather unless necessary.

-Store an emergency kit in the trunk, including jumper cables, flares or reflectors, windshield wiper fluid, blankets, non-perishable food and a first aid kit.

-Use your cell phone to call *999 for roadway assistance.

-Always wear a seat belt.

-Check conditions before a trip.

Continue reading " IDOT encourages safe winter driving to reduce risks of Chicago car accidents, work injuries " »

Employers will not be able to cram mandatory safety training into long days under new rules that go into effect immediately, the Occupation Safety & Health Administration reported.

Our Chicago work accident lawyers and Illinois workers' compensation attorneys applaud this measure, which will force employers to give adequate time to mandatory safety training instead of forcing employees to attempt to digest the information in 12 or 14 hour days. Too frequently, employers are loathed to give up the time and productivity necessary to provide for adequate training -- excessively long training days did little more than pay lip service to safety requirements while increasing the risk of a serious or fatal Illinois work injury.

OSHA called for an immediate halt to excessively long training days as concerns have grown over the ability of employees to process and retain the critical safety information aimed at reducing injuries, illnesses and death in the workplace. In some instances the 10-hour mandatory training sessions were being held in one day and the 30-hour sessions were being held in two or three days. OSHA was also concerned they were not meeting the hourly requirement once breaks, lunch and other downtime were factored into the equation.

The revisions require classes be held a maximum of 7.5 hours a day. The 10-hour training sessions must now be held over at least two days and the 30 hour sessions must take at least four days.

"Limiting daily class hours will help ensure that workers receive and retain quality safety training," said Assistant Secretary of Labor for OSHA David Michaels.

Going forward, OSHA will not recognize time spent in training sessions beyond the 7.5 hour daily maximum. The classes are taught by 17,000 independent trainers in workplaces across the country. There are 10- and 30-hour sessions for employees in construction, general industry and maritime. Sixteen-hour sessions are given to workers at disaster sites.

The agency has set up a fraud hotline at 847-725-7810 were interested parties can report those violating the new law.

Continue reading " New Limit on length of mandatory safety training classes will help reduce risk of Chicago work accidents " »