Chicago Workers' Compensation Attorney Blog

The Occupational Safety and Health Administration (OSHA) knows that spring is the busiest time for residential construction and they want to remind construction employers how to avoid fall hazards on the job site.

Our Chicago work injury lawyers post frequently to our Chicago Workers' Compensation Attorney Blog regarding fall hazards on job sites and roofing falls. We are quite familiar with the fact that falls are the leading cause of injuries and death in the workplace.

OSHA's guidance document, Fall Protection in Residential Construction, reminds employers how to protect their workers from fall hazards.

Fall Protection in Construction is OSHA's standard which requires employers to provide fall protection systems to their workers. Near the end of last year, OSHA issued the Compliance Guidance for Residential Construction as an aid to employers on how to comply with fall protection standards.

This new document, focused mainly on new construction, gives examples of safety measures used to prevent fall-related injuries. Employees working at residential construction sites that are six feet or more above the ground or the next lowest level must be protected by some sort of fall protection system (personal fall arrest systems, guardrail systems or safety net systems).

"Fatalities from falls are the number one cause of workplace deaths in construction," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths."

There are many safety methods illustrated in the new document to provide fall protection:

-Interior or exterior bracket scaffolding when installing roof trusses.

-Anchors (strap or bolt-on) for roof trusses, ridge poles, rafters and foundation work.

-Safety nets, bracket scaffolding, anchors and retractable lifeline stands can be used during roof sheathing and weatherproofing.

-Various forms of guardrail systems.

-Assorted lifts and scaffolds (pump jack, welded end).

Fall prevention safety tips include covering all holes and openings, have fall prevention training, inspect fall protection equipment before every use, have training on lifts and scaffolding and make sure to use the appropriate ladders and the correct angle for the job.

Further information can be found on OSHA's Residential Fall Protection Web page.

Continue reading " Spring a Dangerous Time for Chicago Construction Accidents " »

Recently the Chicago Tribune reported on the governors proposed plan to fix the state’s workers’ compensation system.

If you are injured in a Chicago work-related accident, it is vital to speak to an experienced workers' compensation attorney that knows how to get you the benefits you deserve.

The proposed changes include a restructured payment plan to employees suffering from an injury like carpal tunnel syndrome, and cutting the amount of money that go to doctors and hospitals treating injured workers. Both of these are covert ways of saying we are taking money from injured workers and lessening the care needed for their injuries.

The proposed changes are estimated to save private employers about $500 million a year, and would slash the state's cost to cover employees by as much as $25 million. It is clear that the extraordinary cost savings involved is at an injured workers' expense.

Similar plans have failed in the past, powerful lobbying groups like insurance companies, medical providers and unions are impacted by workers' compensation, so getting everyone to agree is difficult.

There is a proposed change to the panel that reviews claims, which would require arbitrators involved in cases be licensed attorneys and obey the same rules that are relevant in court.

No one condones workers who try to cheat the system and the state should have the authority to investigate fraud. But legitimately injured workers should not have to jump through hoops to prove they were injured at work and have suffered a disability. The state should also have the authority to punish employers that don’t maintain proper insurance coverage.

An employee injured on the job and their families should immediately contact a workers' compensation lawyer in order to protect their rights. Knowledgeable attorneys know the current state of the workers' compensation law and will work to capitalize on benefits for ill and injured workers.

Saving big business money by slashing workers benefits is a slap in the face to the loyal worker that has suffered an injury.

Continue reading " Benefits could Shrink under State "Plan" to "Fix" Illinois Workers' Compensation " »

A ruling has finally been made regarding the crowd management fatality case against Wal-Mart Stores Inc. according to a recent announcement by U.S. Department of Labor's Occupational Safety & Health Administration.

The Chief Judge of the Occupational Safety and Health Review Commission is upholding the decision to cite Wal-Mart at full penalty for failure to manage crowd control following an incident on Black Friday in November of 2008 which lead to the death of one of their workers.

We often think of crowd control issues during peak shopping periods but merchants are reminded to take crowd management seriously everyday of the year in order to avoid workers' compensation injuries in Chicago and throughout the country.

Our personal injury lawyers in Illinois frequently handle cases of negligence or premises liability by an employer or merchant. The responsibility lies at the hands of the company to make sure the property is safe for both workers and patrons.

Wal-Mart Stores Inc. was cited by OSHA for one serious citation under the General Duty Clause back in May 2009 for failure to recognize hazards of asphyxiation or crushed by a crowd. This was following an investigation of an incident where an employee was trampled to death at one the New York locations. The worker was killed after being crushed by the onslaught of 2,000 shoppers rushing into the store for the holiday sales event. Wal-Mart was fined the maximum penalty for failing to implement effective crowd control measures which is $7,000.

"Today's ruling supports OSHA's position that, even in the absence of a specific rule or standard, employers are still legally responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death," said Dr. David Michaels, Assistant Secretary of Labor for OSHA. "If not properly managed by retailers, a large crowd poses a significant threat to the lives of workers and customers."

As we previously posted on our Chicago Workers' Compensation Attorney Blog lack of safety planning puts employees and patrons at high risk for injury on your property. There are steps that can be taken to prevent this, such as barricades or rope lines, well-lit signs for emergency exits, and maintaining a smooth flow of traffic.

As the weather continues to get warmer, patrons will be looking for things to do. Customers can prevent an accident from occurring by removing themselves from large crowds. However, the merchant or service provider has a responsibility to foresee dangerous situations and prevent them from happening. Negligence and liability should be taken seriously in order to prevent serious injuries that can lead to expensive consequences.

Continue reading " Wal-Mart case a Reminder of Work Injury Risk, Premise Liability Issues Caused by Large Crowds " »

Two guidance documents were jointly developed by the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) regarding the use of spirometers, in an effort to decrease respiratory hazard exposures to workers.

Our Illinois workers' compensation lawyers know that poor air quality in the workplace leads to many respiratory problems causing long-term effects for workers suffering from Chicago work illnesses.

Determining how well your lungs take air in and out is what spirometry testing is.

"We are pleased to join with OSHA in emphasizing the important role of spirometry in preventing costly, debilitating, and potentially fatal occupational lung diseases," said NIOSH Director John Howard, M.D. "These tests are a vital component of health and safety programs in workplaces where workers may be exposed to hazardous airborne contaminants."

OSHA was happy with the collaborated effort too.

"Spirometry is the best available test for early detection of decreasing or abnormal lung function," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Our joint effort with NIOSH in developing these products will help broaden outreach and enhance knowledge of preventive measures aimed at protecting worker health and safety."

The employers version of the new guidance document outlines the benefit spirometry testing has to their employees. Lung function changes could be detected early in employees. Poor test results would most likely indicate poor air quality in the work place which would then need correction.

The employees version of the new guidance document addresses the importance of spirometry testing. It would be of great benefit for an employee to have a baseline lung function test as a means of comparison. Additional information includes how to take the test and lets workers know they are entitled to both a copy and explanation of the test results.

Workers exposed to flavorings, especially food flavorings containing diacetyl and diacetyl substitutes should also have spirometry testing. More information is documented and available at Occupational Exposure to Flavoring Substances: Health Effects and Hazard Controls and Worker Alert on Diacetyl and Substitutes.

Continue reading " Respiratory Injuries a Work Hazard in Illinois " »