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" »

Educating employers and their workers regarding prevention of heat-related illnesses is the goal of a new nationwide outreach proposal by the U.S. Department of Labor's Occupational Safety and Health Administration.

Our Illinois workers' compensation lawyers know that working in extreme temperatures can cause heat-related Chicago work illnesses that could be life threatening.

"If you're working outdoors, you're at risk for heat-related illnesses that can cause serious medical problems and even death," said Secretary Solis. "But heat illness can be prevented. This Labor Department campaign will reach across the country with a very simple message – water, rest and shade."

Heat-related illnesses happen to thousands of outdoor workers each year. What begins as heat exhaustion can quickly turn into heat stroke, which caused 30 workers' deaths last year. Our bodies sweat to keep us cool if we don't replace all the fluid that we sweat out our body overheats. If our body temperature goes above 104 it can cause a coma or seizures which can lead to a heart attack and death.

If you must work outside:

-Drink plenty of water, avoid alcohol and cut down on caffeine.
-Wear light colored and lightweight clothing.
-Try to stay in the shade.
-Take frequent breaks.

Signs and Symptoms of heat exhaustion include:

-Profuse sweating and fatigue.
-Headache, dizziness and fainting.
-Pale, clammy skin, nausea and vomiting
-Extreme thirst and rapid heartbeat
-Muscle and abdominal cramps.

If you or someone you are working with shows signs or symptoms of heat exhaustion get to a cool or shady place quickly. Drink plenty of water. If there is no improvement in 30-60 minutes medical attention should be sought.

"As we move into the summer months, it is very important for workers and employers to take the steps necessary to stay safe in extreme heat," said OSHA Assistant Secretary Dr. David Michaels. "Drinking water often, taking breaks and limiting time in the heat are simple, effective ways to prevent heat illness."

OSHA developed Spanish and English versions of heat-related illness educational material for employees; along with training material for employers. California OSHA assisted federal OSHA because they have had a successful outreach campaign on heat illness. OSHA and the National Oceanic and Atmospheric Administration (U.S. NOAA) recently joined together on weather service alerts adding worker safety precautions when the forecast calls for extreme heat temperatures.

Further information is available on OSHA's heat illness Website and U.S. NOAA Heat Watch Web page.

Continue reading "Chicago workers should be concerned about heat-related illnesses as temperatures rise " »

Substantial fines were given to Haasbach LLC in Mount Carroll and Hillsdale Elevator Co. in Geneseo and Annawan, Ill., by the U.S. Labor Department for the deaths of 3 workers suffocated by grain.

Two of the workers that were killed were teenagers.
Our Chicago work injury attorneys wrote about these incidents in a prior post to our Chicago Workers' Compensation Attorney Blog.

"The tragic deaths of three people could have been prevented had the grain bin owners and operators followed the occupational safety standards and child labor laws," said Secretary of Labor Hilda L. Solis. "It is unconscionable to allow a minor to work in any high-hazard area. Haasbach's and Hillsdale's disregard for the law and commonsense safety practices has led to devastation for three families."

According to researchers at Purdue University as of October there were 25 U.S. workers killed in grain entrapments in 2010.

"Grain entrapments kill workers. All employers, especially those in high-hazard industries, must prevent workers from being hurt or killed as a result of recognized hazards," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "There is absolutely no excuse for any worker to be killed in this type of incident."

The Occupational Safety and Health Administration (OSHA) issued 24 citations to Haasbach LLC with fines totaling $555,000 after investigating the deaths of two teenage workers (ages 14 and 19) and serious injury to a third. In the July 2010 incident the 3 workers became entrapped in corn that was over 30 feet deep.

Because a 14 year old was involved in this incident the Wage and Hour Division launch its own investigation. They found that Haasbach LLC violated the Fair Labor Standards Act's Child Labor standards for allowing someone under the age of 18 to engage in a hazardous job that is prohibited by the act.

Haasbach LLC was fined an additional $68,125.

OSHA issued 22 citations with fines totalling $729,000 following the death of a 49-year-old worker after being entrapped by corn in a storage bin. This incident happened at the company's Geneseo location. Their other facility in Annawan was also inspected resulting in additional fines.

OSHA has sent letters to grain elevator operators urging them to not let their workers enter grain storage facilities without proper training.

"OSHA will not tolerate non-compliance with the Grain Handling Facilities standard," said Michaels in the letter. "We will continue to use our enforcement authority to the fullest extent possible."

Continue reading "Fines issued in fatal Illinois work accident involving grain silos" »