Chicago Workers' Compensation Attorney Blog

Winter-related work accidents in Chicago and elsewhere are likely if the proper safety precautions are not taken. To help to educate workers and employers of these dangers and preventative measures, the Occupational Safety and Health Administration (OSHA) launched a new web page. The web page targets those who face these types of dangers during winter storm recovery and response operations.

The web page offers information to those involved in working in these conditions to help them to recognize the hazards and how to take the proper steps to stay safe this winter. This work typically involves clearing snow from in front of workplaces, clearing snow from rooftops, dealing with downed power lines and traveling on snowy and icy roadways.

Our Chicago workers compensation attorneys understand that it's also the responsibility of workers and their employers to ensure that they're safe during and after a storm. Some of the dangers that can include carbon monoxide poisoning, hypothermia, dehydration, frostbite, traffic accidents, being hit by falling objects, back injuries, slips and falls, burns, electrocution, exhaustion, falls from roofs, lift or ladders, collapsing roofs and even lacerations and amputations.

The number of injuries that could result from this type of environment is endless. It's important that employers properly train employees and equip them with the proper safety equipment to help minimize the risks for an accident.

Ways to Address Hazards when Dealing with Winter Storm Cleanup:

-Always assume that power lines are energized. You never want to go near a damaged or downed power line.

-Make sure that all of your cleanup equipment is guarded properly. Make sure that it's not plugged in when you perform maintenance or clean it.

-Be careful around elevated surfaces that are covered by a lot of snow or ice.

-When clearing snow, do so in small amounts to avoid over-exerting yourself, which can lead to injuries.

-Make sure that all walkways are clear of snow and ice before starting.

-Make sure that all employees have fall protection.

-If you're stuck, stay inside the vehicle when possible. Never leave a vehicle unless you see help within 100 yards of you.

-Be sure to always wear reflective clothing to make yourself more visible to others.

-Be sure to have the proper body protection, including body face and eye masks.

Make sure that you dress warm, too. According to the Centers for Disease Control and Prevention (CDC), you can wind up with a number of conditions from overexposure to the cold weather. These conditions include frostbite, trench foot and chilblains. Remember that whenever the temps drop below normal and wind speed increases, heat can leave your body much quicker than normal. These winter-related conditions can cause some serious health problems if you're not prepared.

Continue reading " Unprotected Workers at Higher Risks for Winter-Related Work Accidents in Chicago " »

The U.S. Department of Labor recently ordered a large airline to reinstate a pilot and pay him $1 million in back wages for violating federal whistleblower protection laws.

According to a news release, the Occupational Safety and Health Administration found that AirTran Airways fired a pilot in retaliation for consistently reporting mechanical malfunctions on the planes he operated.

OSHA's assistant secretary underscored that in the interest of public safety, airline workers must be free to raise concerns about safety, and companies that thwart those rights by intimidating their employees with retaliation have to be held accountable.

"Whistleblower laws are designed to protect workers' rights to speak out when they have safety concerns," said Assistant Secretary David Michaels. "The Labor Department will vigilantly protect and defend those fundamental rights."

Our Chicago workers' compensation attorneys understand that federal and state laws were written for the protection of all workers who report potentially hazardous conditions in their place of employment.

In this case, the AirTrain pilot, who is not named in OSHA's report, was retaliated against in 2007, when the company took him off active flight status due to a spike in his reports regarding mechanical malfunctions. A quick, 17-minute hearing the following month led to his firing.

OSHA determined this month that the question of why the pilot's safety reports had increased was not sufficiently answered in that hearing, and further that the pilot's firing amounted to retaliation.

The labor department urges employees who think they have been retaliated against to file a report with their agency.

We also encourage employees in Illinois with these types of complaints to consider the need for representation. Particularly if you are injured in Chicago work accident, access to the resources necessary are critical to ensuring you receive a fair outcome.

While this particular case wasn't out of Chicago, recent history reveals we are certainly not immune. American Airlines has been fined twice in recent years for safety violations at Chicago O'Hare Airport. Those violations included fall hazards, electrical and fire hazards, hygiene issues, blocked exits and storage of oxygen. Combined, those fines amounted to nearly half a million dollars.

Whistleblower protection laws were augmented in recent years, with additional training for investigators and increased transparency measures. OSHA enforces 21 statutes that protect employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

But those laws can be difficult to navigate, and experienced legal assistance is recommended. Some cases of whistleblower violations are clear cut, but others may not be.

OSHA defines a violation as when a worker engages in a protected activity (such as reporting a safety concern) that the employer knew about, and further that the person who complained is in turn met with some adverse reaction from the employer. Adverse reaction can mean a number of things, including:
-Firing or laying off.
-Blacklisting.
-Demoting.
-Making threats.
-Disciplining.
-Denial of benefits.
-Intimidation.
-Failure to hire or rehire.
-Denying overtime or promotion.
-Reassignment.
-Reducing pay or hours.

Continue reading " Airline Punished for Retaliating Against Pilot Who Reported Safety Concerns " »

More and more Illinois residents are heading back to work, as the U.S. Bureau of Labor Statistics reports unemployment rates in 351 of the 372 metropolitan were lower during this November than last. More than 15 metro areas across the country unfortunately reported higher unemployment rates, while about five metro areas reported their unemployment rates stayed about the same from the previous year. There were more than eight metro areas that reported an unemployment rate of at least 15 percent, while about 25 metro areas reported the unemployment rates were less than 5 percent. An unemployment rate of less than 5 percent is quite impressive nowadays for anywhere. With the decrease in unemployment rates in a majority of metropolitan areas, more and more people are heading back to work in the New Year, and risks for work-related accidents in Illinois and elsewhere are expected to increase as well.

Our Chicago workers compensation attorneys understand that the preliminary 2010 results from the Bureau of Labor Statistics indicate there were nearly 4,550 fatal work accidents throughout that year. This is the most recent data available. These statistics were tallies during a time when the work force was smaller and equipped with fewer employees as the economy was suffering. As the economy recovers and more people are heading back to work, the risks for these types of accidents are expected to increase significantly. Please use the New Year as a time to reevaluate workplace safety!

The unemployment rate for the nation during November was more than 8 percent, which is a reduction from the 9.3 percent unemployment rate just a year ago.

There were 31 metropolitan divisions that recorded an annual unemployment rate decrease in November. Chicago was one of these fortunate areas.

The Bureau of Labor Statistics has released its preliminary statistics for the number of fatal work-related injuries in 2010.

Fatal on-the-job fatal injuries by event or exposure during 2010:

-Total number of work-related fatalities: Nearly 4,550.

-Transportation-related fatalities: Nearly 1,800.

-Assaults and violent acts: More than 800.

-Contact with equipment and objects: More than 730.

-Falls-related fatalities: Nearly 640.

-Exposure to harmful environments or substances: Nearly 410.

-Explosions and fires: Nearly 200.

As we said before, these statistics were tallied during a time when the unemployment rate was higher than it is today. With a lower unemployment rate, there are more people back on the job. With more people on the job, the rate for on-the-job injuries and fatalities spikes. The New Year is an excellent time to reevaluate the safety of your job. Employers are urged to use this time to step up injury prevention programs to help to reduce these dangerous statistics.

Continue reading " Metro Areas' Unemployment Rates Decrease, Increasing Risks for Work-Related Accidents in Chicago and Elsewhere " »

A Hillside, Illinois company is facing $164,800 in fines for work-safety violations. Among the violations are allegations of unsafe forklift operation, failing to provide proper eyewash facilities and exposure to corrosive chemicals, according to the Occupational Safety & Health Administration.

Our Chicago workers' compensation attorneys recently reported the case of a Mokena environmental services company accused of exposing employees to chemical hazards in the workplace.

Machine hazards are another common cause of injuries, whether it's improperly installed or maintained machines, lack of safety guards on machines, or dangerous moving equipment such as forklifts. In this case, a complaint indicated employees were not receiving proper training in forklift operation and that a hazardous chemical spill occurred as a result.

"Employers who are cited for repeat violations demonstrate a lack of commitment to workplace safety and health standards," said Diane Turek, director of OSHA's Chicago North office in Des Plaines. "Deficient forklifts and improperly handled chemicals can lead to serious injuries or death."

Four repeat violations have been proposed, with fines totaling $132,000. The company is accused of allowing employees to operate forklifts even after noted deficiencies. It also is accused of inadequate eyewash facilities and of not providing adequate fire extinguisher training. The company also faces allegations of failing to properly train and evaluate forklift operators.

Illinois OSHA reports 100 employees are killed each year and 20,000 are seriously injured in forklift accidents. Common causes include forklifts overturning and employees being struck by forklifts.

Forklift Safety Tips Include:

-Ensure a load is stable before moving the forklift.
-Unless picking up or depositing a load, ensure that the forks do not tip forward.
-Don't tip a load backward past the point necessary to stabilize the load.
-Don't raise a load higher than necessary.
-Cross railroad tracks on a diagonal.
-When on an incline, keep the load uphill.
-Don't drive faster than will permit safe stopping.
-Always drive slower on turns or on wet or slippery surfaces.
-Avoid driving on uneven surfaces whenever possible.

Condition of forklift:

-Are there hydraulic leaks?
-Are battery terminals covered? Are fuel connectors tight?
-Are their sparks or flames coming from exhaust system?
-Is the engine overheating?
-Are tires in good condition and properly inflated?
-Do controls work properly?
-Are their cracks in the forklift or other signs of fatigue?
-Does the forklift steer properly?
-Are the brakes functioning properly?
-Are there working seat belts?
-Are load plates present and readable?

Continue reading " Chicago Forklift Accidents a Common Workplace Danger " »