Chicago Workers' Compensation Attorney Blog

Our Chicago personal injury attorneys know just how dangerous the harvest season can be for motorists on our roadways. During this time of year, semi-trucks, grain trucks and other farm equipment hit the roads as farmers move crops to their destination. Many motorists may not be fully aware of the driving abilities and requirements of these vehicles and may put themselves in a dangerous situation when sharing the road with these particular vehicles.

As we recently reported on our Chicago Workers' Compensation Attorney Blog, our farm workers face a number of dangers during the harvest season. Not only do motorists face the risks of being involved in a serious accident in our Illinois roadways, but these workers also face serious risks for a work-related accident. Grain entrapments are a risk, as are machine injuries and car accidents. According to Purdue University researchers, nearly 30 workers in the United States were killed in grain entrapments in 2010. Many of these accidents can be prevented if simple safety precautions, provided by the Occupational Safety and Health Administration (OSHA), are taken.

Typically, the Federal Motor Carrier Safety Administration (FMCSA) enacts laws and regulations to ensure the safety of these large vehicles and of other motorists and to help reduce the risks of a trucking accident in Illinois and elsewhere throughout the United States. In an attempt to clear up the confusion between federal and state laws regulating the use of these trucks, the FMCSA stepped in and took comments from the public and from the farm industry on their list of potential rules.

According to Bill Mitchell, the 87th District State Representative, lawmakers from Central Illinois recently patted the FMCSA on the back after the Administration decided not to impose any additional rules on the ag industry and the way the industry transports its goods.

Previously this year, the FMCSA aimed to void any exemptions from the Commercial Driver’s License (CDL) requirements. Without these exemptions, family members and farmers would not be allowed to drive these vehicles without the proper licensing and insurance coverage. After an open discussion and input from the public, the FMCSA decided against any new regulations.

“As a family farmer, I knew that the proposed farm vehicle rules would hurt Illinois farmers and our agricultural economy,” Rep. Brown said.

It is important for motorists to be cautious of farm equipment on our roadways during the upcoming months. These slow moving vehicles have the potential to inflict fatal injuries in the event of an accident. Treat these vehicles with the same consideration that you would any other motorists on our roadway. Adjust to their road needs and steer clear of their path.

Continue reading " Residents Urged to Lookout for Farm Equipment on our Roads to Help Avoid Car Accidents in Illinois " »

An excavating company has been fined by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for not protecting its employees from cave-ins, according to EHS Today, a magazine for environment, health and safety leaders.

Our Illinois workers' compensation lawyers know that excavating is extremely dangerous, killing an average of 35 workers each year.

Following a May inspection, Martin & Company Excavating Incorporated of Oregon, Illinois, an underground utility construction and earth-moving company, was cited by OSHA for several safety violations at a Forreston, Illinois job site. The company faces proposed fines of $69,300.

"Cave-ins during excavations are a leading cause of worker fatalities," said Kathy Webb, OSHA's area director in North Aurora. "Safety should be paramount on every job site and OSHA is committed to protecting workers, especially when employers fail to do so."

The employer failing to protect workers in an 8 foot trench while installing a water line resulted in a proposed fine of $56,000. Tragedy was avoided when the trench did not cave-in after the water line was hit during installation. Proposed fines totaling $13,300 were issued for several violations that include not keeping dirt and equipment at least 2 feet from the excavation area opening, a support system was not used to hold up a section of pavement that was over the excavation area and knowledgeable workers were not on site when a dangerous situation arose which should have resulted in workers being told to come out of the trench area.

More information on excavation hazards can be found on OSHA's website..

The Center for Disease Control and Prevention reports that roughly 35 workers are killed each year in trenching cave-ins and most incidents happen while installing water, pipeline, sewer and communication lines.

Data suggests that over 60 percent of deaths happen in trenches less than 10 feet deep. Trenches deeper than 5 feet are required by OSHA to have one of the following methods of protection: use of planks or jacks to shore up the trench sides, use of a trench box or sloping or benching the ground.

It is very dangerous to work in an unprotected trench. There is no way of knowing when a trench may collapse and when it does it happens so fast that workers have no time to react. A small amount of dirt is heavy, a cubic yard can weigh well over 2,000 pounds which can easily suffocate or crush a worker.

To ensure a safe excavating environment:

-Make sure knowledgeable workers inspect the excavation area and protected systems regularly.
-Ensure everyone working at the site knows where the trenches are so they can keep a safe distance.
-Ladders need to be in the trenches at all times and should never be further than 25 feet from the workers.
-At the first sign of danger such as water in the trench or an issue with the protective system, workers should be removed until the trench is deemed safe.
-Continually monitor for the presence of tox­ic and combustible gases.
-Workers should never be in an unprotected trench.

Continue reading " Illinois Excavating Company Fined for Failing to Protect Trenchers Digging a Water Line in Forreston " »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) continues its improvement efforts to make changes to the Whistleblower Protection Program.

Our Illinois workers' compensation lawyers want workers to know that you should not fear repercussions for reporting unsafe working conditions at your job. Employers have a responsibility to protect workers at Illinois job sites and cannot retaliate when unsafe conditions are reported to the proper authorities.

Recently, OSHA announced that it is putting into practice supplemental measures to reinforce the program and is releasing an internal report featuring a top-to-bottom analysis of the program. There are 21 statutes that OSHA enforces protecting workers who report violations in the workplace regarding safety, health care reform, nuclear, pipeline, airline, environmental, financial reform, food safety, public transportation agency, railroad, commercial motor carrier, consumer product, maritime and securities laws.

"The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value," said OSHA Assistant Secretary Dr. David Michaels. "The new measures will significantly strengthen OSHA's enforcement of the 21 whistleblower laws that Congress charged OSHA with administering."

Audits in 2009 and 2010 from the Government Accountability Office on OSHA's whistleblower program revealed issues with training for investigators and managers, transparency and accountability and the internal communications and audit program. OSHA did their own review and took a closer look at their budget, equipment and personnel issues. The review also included their operational and investigative processes and their national and regional program structures.

"OSHA is committed to correcting the issues brought to light by the GAO report and our own review," said Dr. Michaels.

The following are some of the important changes to OSHA's Whistleblower Protection Program:

Restructuring
The Whistleblower Protection Program will no longer be housed in the Directorate of Enforcement but will report to the assistant secretary. Starting in 2012 the whistleblower program will have its own line item. This was done to better follow the programs actions and achievements. In hopes to improve the importance of the program, 25 new investigators were added.

Training
In September, a national whistleblower training conference will be held for state and federal investigators. OSHA will also provide additional training courses, ensuring compliance for all investigators and supervisors in following through to obtain their mandatory training each year.

Program Policy
An updated version of the Whistleblower Investigations Manual will soon be issued by OSHA. The manual has not been updated since 2003 and will contain revised protocols and include the new laws that have been enacted since 2003. An updated manual should legitimize the quality of investigations and make them more consistent.

Internal Systems
Improving the data collection system and the audit program will enable complaints to be dealt with in a timely manner.

Find out more information on employee whistleblower rights by visiting OSHA's website.

Continue reading " Whistleblowers of Chicago Workplace Injuries Protected by OSHA Improvements " »

A 50-year-old roofer is dead following a tragic accident at a River North building where he became tangled in ropes, according to the Chicago Tribune.

Our Chicago workers' compensation lawyers are aware that falls and roofing accidents are the leading cause of death in the construction industry. The Occupational Safety and Health Administration (OSHA) report that roughly 175 workers die each year from injuries due to falls and another 100,000 workers sustain serious injuries.

The injured worker was rushed to Northwestern Memorial Hospital from the 300 block of West Superior Street work site. The worker was pronounced dead a few hours after he arrived at the hospital. The worker sustained crushing injuries to his chest after becoming tangled in ropes while equipment was being lowered. The accident remains under investigation.

An Illinois Department of Public Health report shows that in 2007 more than half of the 9,300 recordable cases of construction-related injuries required workers to either take time off from work or change job duties. Days off from work ranged from 1 to more than 31, in most cases time off was for over a month. The report indicated that in 2007 there were 158,100 private sector work-related injuries in all industries. Over 47,000 Illinois workers needed days off from work and more than 34,000 workers had to transfer to another job or have job restrictions.

It is vital to properly file a work accident claim to protect your rights and to possibly collect damages in order to support your family. In this case it is critical to have an experienced injury lawyer who may be able to file a wrongful death claim on behalf of surviving family members.

Roofing Safety Tips:

-Wear a safety harness while performing work on a roof. It is meant to keep you from falling off the roof and preventing serious or fatal injuries.
-Wearing a hard hat can prevent serious injuries from falling objects. Workers should wear hard hats, especially if people are working above you.
-Using caution tape or other barricades will warn others that work is being performed overhead. This will protect those on the ground from fall objects.
-Don't use ladders in the walking path of others; this will prevent it from being accidentally bumped into.
-To make ladders more sturdy make sure it is extended at least two to three feet above the roof.
-Using an air knife to cut shingles can be dangerous, always cut away from your body, never pull the knife towards you.
-Wear a tool belt to carry tools; don't carry tools in your hands while going up a ladder.
-Wearing leather work gloves and knee pads will help protect your hands and knees from injuries.
-Use a nail sweeper to collect loose nails; this will prevent accidental slips and puncture wounds.
-Safety gear should be checked prior to use. Never use gear that has tears, frays or breaks.
-All tools should be checked to make sure they are in good working order.

Continue reading " Roofing Accident Involving Rope Entanglement Leads to a Fatal Tragedy at Illinois Job Site " »