Chicago Workers' Compensation Attorney Blog

A recent transportation accident at an Illinois road construction site resulted in a worker's death when a large truck carrying asphalt on a trailer backed over a construction worker working on the project.

Chicago workers' compensation lawyers frequently handle cases for injured construction workers who get hurt on the job. Construction workers are at risk of many types of injuries which can occur from fall accidents, trench collapses, electrical malfunctions, building collapse, accidents involving a nail gun or even getting run over by operating equipment.

The recent fatal accident is an example of how death could have been avoided if the workers involved would have been properly trained by the employer who has a responsibility to make sure work environments remain safe.

The Herald-News reports the tragic accident happened around 9:40 a.m. at a road improvement project on the northbound lanes of Route 171. A heavy equipment operator working at the site failed to move away from a truck that was moving in reverse. State authorities reported the back-up warning signal was audible and working properly at the time of the accident, but it is suspected that the worker was clearing the path for the heavy loaded truck and trailer at the time of the accident. The truck driver was cited for improper backing.

The Illinois Department of Transportation had contracted the company that both workers were employed by to do patchwork on a portion of road located on Route 171. They were both working on repaving a segment of road when the accident occurred.

The U.S. Department of Labor's Bureau of Labor Statistics recently reported that transportation incidents accounted for almost 40 percent of deaths in the workplace nationwide in 2010. The overall total was slightly down from 2009 but incidents involving pedestrians, railways and non-highway incidents rose by 4 percent in each category. The number of 2010 deaths at work related to transportation incidents is expected to rise when the final report comes out in the Spring of 2012.

According to the 2010 Fatal Occupation Injury Report, Illinois reported a total of 203 fatal injuries in the workplace in 2010, which was substantially higher than the final total of 158 reported in 2009. Of the 1,766 deaths at work caused by transportation incidents nationwide, Illinois reported a total of 72 of these kinds of fatal injuries occurring on the job. Only four states, California, Florida, Pennsylvania and Texas reported more deaths at work caused by a transportation incident than our state.

European Agency for Safety and Health at Work reports that the most common types of transportation accidents at work include: struck or run-over accident while vehicle is in motion, falling off a vehicle, getting struck by cargo falling from a vehicle or a vehicle overturns onto an employee.

Employers have a responsibility to perform a risk assessment and eliminate any hazards that can affect the safety of workers on the job. Examples of hazards related to vehicle accidents may include:
-Exposing workers to inclement weather conditions like driving in snow or heavy rain.
-Sending employees on routes with rough access roads like one-way narrow streets or locations with no maneuverability.
-Demanding employees have a time constraint such as requiring them to work longer hours than federal regulations permit or making several stops during a short shift.
-Requiring an employee to operate a vehicle or large machinery with several workers populating the work site, increasing the risk of running someone over.

Continue reading "Illinois Construction Worker Killed in Transportation Incident Caused by Large Truck Hauling Asphalt to Jobsite" »

A partnership has formed between the Illinois Onsite Safety and Health Consultation Program, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and Ryan Companies U.S. Incorporated in an effort to promote health and safety on a construction site in Moline, according to a recent OSHA press release. This location will be the site of the Kone Building Project.

Our Chicago workers' compensation lawyers applaud this joint effort and hope that it keeps construction workers safe on this large construction project since a good number of work accidents in Illinois occur at construction job sites.

In the U.S., millions of people are working at over 250,000 job sites every day. We know that construction workers have some of the deadliest jobs in the nation with potential hazards including falls from heights, scaffold collapse, trench collapse, arc flash or blast injuries and electric shocks.

With its headquarters in Naperville, Ryan Companies U.S. Inc. will put into practice a site-specific health and safety program. If a subcontractor doesn't have its own health and safety program they will help them and perhaps refer them to the Illinois Onsite Safety and Health Consultation Program for additional guidance.

The purpose of the partnership agreement is to identify and control safety hazards, improve existing health and safety programs, promote a supportive relationship between management and labor, and encourage worker participation to achieve a healthy and safe workplace. In order to obtain these goals training needs to increase, best work practices need to be followed, and obeying applicable OSHA regulations and standards needs to be a priority. To learn more about OSHA's Strategic Partnership Program visit their website for more information.

According to OSHA the top standards frequently violated on construction sites are: scaffolding, fall protection (scope, application, definitions, training requirements), Excavations (general and protective system requirements), ladders, head protection and electrical (wiring methods, protection and design).

Scaffold-related accidents cause roughly 4,500 injuries and about 50 deaths each year. Here are some steps to prevent scaffold accidents from happening:
-Scaffolds should be erected on sturdy ground and assembled correctly.
-Scaffolds should always be fully planked.
-Never move a scaffold when it is occupied and never erect or move one near power lines.
-Scaffolds should be free of anything slippery like ice or snow prior to their use.
-Workers should never be on a scaffold during bad weather like high winds and lightning.
-Never use anything, like a crate, to make a platform to raise work height.
-Know how much weight the scaffold can handle and never overload it.

Falls are consistently the leading cause of death in the construction industry. Factors that contribute to these falls include: uneven working surfaces, human error and failing to use or the misuse of fall protection equipment. Measures to help prevent fall hazards could be:
-Use of elevated platforms or aerial lifts, which would offer safer elevated working surfaces.
-Build a guardrail system with warning lines and toe boards.
-To protect employees near the borders of roofs and floors install a control line system.
-Make sure holes in walls and floors are covered.
-Use body harnesses or safety net systems.

Continue reading "New Illinois Work Safety Partnership Could Help Reduce Injuries to Workers at Chicago Construction Sites" »

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" »

February's unemployment rate was 8.9%, as reported by the Bureau of Labor Statistics This matches the lowest rate reported since the 8.9% unemployment rate in April 2009.

As the unemployment rate drops, our Chicago workers' compensation attorneys warn new hires to get proper safety training to avoid a Chicago work injury. Not all employers promote safety in the workplace so workers may need to remain proactive in ensuring their safety, as well as the safety of those around them.

This year marks the 40th anniversary of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). Established in 1971, OSHA has helped reduce the number of workplace fatalities from 14,000 in 1970 to 4,340 in 2009. Since the passage of the OSH Act, serious workplace illnesses and injuries have dropped from 11 to 3.6 per 100 workers, over the last 40 years.

Here are some of OSHA's safety standards enacted over the years:

Falls in General Industry, Crane and Derrick, Protecting Healthcare Workers, Steel Erection, Fire Protection for Shipyard Employment, Payment for Safety Equipment, Blood borne Pathogens, Confined Spaces, Stronger Asbestos Standard, Fatal Falls in Construction, Laboratory Safety, Logging, fatal falls in construction, an estimated 130 million employees are working at Construction Scaffold Safety, Hearing Conservation, Farm workers, Protecting Meatpacking Workers, Testing Laboratories Regulations, Excavation & Trenching, Ground Fault Circuit Interrupter, Protecting Grain Workers, Benzene, 14 Carcinogens, Diving, Lead, Protecting Textile Workers, Asbestos and Construction Safety.

Some members of Congress, as reported by the Workers' Comp Gazette, feel that over regulating can lead to job loss, and that OSHA needs to concentrate on promoting safety, not punishing employers.

In response to this concern Assistant Secretary of OSHA Dr. David Michaels commented, "Despite concerns about the effect of regulation on American business, there is clear evidence that OSHA's common sense regulations have made working conditions in this country today far safer than 40 years ago when the agency was created, while at the same time protecting American jobs. The truth is that OSHA standards don't kill jobs. They stop jobs from killing workers. OSHA standards don't just prevent worker injuries and illnesses. They also drive technological innovation, making industries more competitive."

Continue reading "OSHA milestone celebrated but risks of Chicago work accidents remain" »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued 46 citations, with fines totaling $465,500, to Gavilon Grain LLC in Morral, Ohio for failing to provide safe working conditions to its workers.

Our Chicago work injury attorneys wrote about the tragic death of two teenagers in a grain silo in a prior post to our Chicago Workers' Compensation Attorney Blog.

The investigations came after the death of a 20-year-old worker, at the Morral facility, who was killed when caught in a discharge auger while cleaning a grain bin.

"This tragic death could have been prevented had the grain bin owner and operators followed occupational safety standards and learned from the tragedies that have occurred at other grain bins," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Grain elevator owners and operators must implement well-known safety practices to prevent workers from being hurt or killed in a grain bin."

According to research from Purdue University, at least 25 U.S. workers perished as a result of grain entrapments last year. The university has been keeping statistics since 1978 and the number of deaths continue to climb -- in fact 2010 recorded the highest number of deaths since 1978.

The Morral facility was fined $175,000 for the following:

-Failing to have lock out measures for the discharge and sweep auger.

-Lacking grain bin entry permit to perform work.

-Lack of training for workers regarding safety precautions and bin entry procedures.

-Not having a lookout during bin entry.

-Failing to provide rescue equipment.

-Failing to test air quality.

-Not providing deflagration controls for combustible dust.

-Not displaying signs warning of combustible dust.

The West Jefferson facility was fined $171,000 for the following:

-Permitting workers to walk working surfaces without proper guarding in place.

-Failing to safeguard employees from electrical and machine guarding hazards.

-Not having safe grain handling and electrical procedures.

-Not having signage and hazard communication procedures.

The Harpster facility was fined $119,500 for the following:
-Not evaluating work spaces to know if confined space entry permits are required.

-Not having a confined space program.

-Lacking a non-entry retrieval system.

-Failing to provide personal protective equipment for employees.

-Failing to provide electrical training.

-Not having combustible dust controls.

-Not training employees in the hazard of combustible grain dust.

-Not displaying signs warning of combustible dust.

Grain operators in Illinois, Colorado, South Dakota and Wisconsin have been fined by OSHA following comparable preventable fatalities. As summer season begins, agricultural workers and employers are reminded to review the proper procedures for the safe operation of grain bins, conveyors, augers and silos.

Continue reading "Spring requires review of grain silo safety to prevent Illinois work accidents" »

Two Illinois companies are being fined by OSHA for not protecting workers from potential Illinois work accidents.

Our Chicago workers' compensation lawyers represent many victims of construction accidents and know how to fight for employee rights.

The Doherty, Giannini & Rietz Construction Inc., an underground contractor, failed a U.S. Department of Labor's Occupational Safety and Health Administration inspection and was cited for one willful and one repeat safety citation regarding cave-in protection at a Chicago, Ill., jobsite. Proposed fines to the company are $60,600.

"Cave-ins are a leading cause of worker fatalities during excavations," said Gary Anderson, OSHA's area director in Calumet City, Ill. "This is the fourth time in recent months that OSHA has issued citations to this contractor related to the cave-in protection standard. Workers' safety should be paramount on a jobsite, and OSHA is committed to protecting workers, especially when employers fail to do so."

Employees of Doherty, Giannini & Rietz Construction were observed during a December 2010 inspection working in a trench that was deeper than 6 feet without cave-in protection. A trench box was on the jobsite but was not being used in the trench.

The employer clearly knew a trench box should have been used, evident by the fact that the box was on site. There is no excuse for willful disregard of employee safety.

Failing to establish a safe work zone as regulated by the U.S. Department of Transportation, caused the company to be issued a repeat citation, they have been cited previously for this within the last five years. Since 1988, this company has been inspected 27 times by OSHA, resulting in 16 prior citations for lacking cave-in protection.

The U.S. Minerals LLC facility in Baldwin, after a September 2010 inspection, was issued 7 citations for allegedly failing to maintain equipment, not installing guard rails and failing to develop and implement procedures to control hazardous energy. The company faces fines totaling $83,000.

We recently reported on our Chicago Workers' Compensation Attorney Blog regarding this company's poor compliance of OSHA standards.

"U.S. Minerals' failure to develop and implement plans to control hazardous energy and prevent injuries to workers is simply unacceptable," said Thomas Bielema, OSHA's area director in Peoria. "U.S. Minerals repeatedly has been cited at this facility and others for failing to follow OSHA safety and health standards to protect workers. OSHA is committed to ensuring employers abide by the law, which requires commonsense safety practices."

Inspectors issued 1 willful citation for failing to develop and document procedures to control potentially hazardous energy. Workers need to be protected when working with electricity so that an un-energized source doesn't become energized, causing serious or fatal injuries. Equipment needs to be isolated from the energy source or made inoperable.

Three repeat citations were issued for failing to install guarding on a material dump hopper, lack of guardrails on an open-sided platform that was 17 feet high, and failing to provide and use lockout/tagout hardware devices for locking or blocking machines from becoming energized.

Three serious citations were issued for lacking maintenance and inspection documents for a Caterpillar 980G Loader, using an unguarded conveyer tail pulley, and having unauthorized employees attach lockout/tagout equipment to energy isolation devices.

Following a June 2010 inspection, U.S. Minerals LLC was cited for 35 health and safety violations for failing to provide adequate breathing protection and exposing workers to dangerously high levels of hazardous dust. The company manufactures abrasive blasting and roofing materials.

Due to the horrible conditions found during the June inspection, OSHA inspected the companies 3 other facilities at:
-Coffeen, Illinois resulted in 28 citations with proposed penalties of $396,000.
-Harvey, Louisiana resulted in 30 violations with proposed penalties of $110,400.
-Galveston, Texas had 38 citations with proposed fines of $273,000.

In December 2010, U.S. Minerals was placed in OSHA's Severe Violator Enforcement Program for repeated violations that endanger workers health and safety.

Continue reading "Companies fined for Illinois work safety violations" »

Our Chicago work injury attorneys have written frequently about the dangers of falls in the workplace on prior posts to our Chicago Workers' Compensation Attorney Blog.

Six citations have been issued to McEntire's Roofing Inc. of Lincoln for failure to provide fall protection for its roofers and misuse of ladders when working on residential projects.
The citations are the outcome of two U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) investigations, which occurred last summer at job sites in Bloomington and Lincoln, IL.

Roofers were not using fall protection while working at two-story residential projects. Fall protection is required when work is being performed 6 or more feet off the ground.

"Falls are a leading cause of injury and death in the workplace," said Thomas Bielema, OSHA's area director in Peoria, IL. "McEntire's Roofing repeatedly has been cited for not providing adequate fall protection and that is unacceptable. OSHA is committed to ensuring employers abide by the law, which requires commonsense safety practices."

McEntire's Roofing was issued repeat citations for improper use of ladders. A repeat citation is one given to a company if they have been cited for the same violation in the previous 5 years. The employer failed to have a grasping handle and/or ladders were not extended 3 or more feet above the roof surface; use of damaged ladders were also cited. The company has been fined a total of $102,000 for these violations.

McEntire's Roofing had been inspected 6 times since 2005 by OSHA which resulted in 15 citations.

Late last year OSHA announced a new directive withdrawing a previous one that allowed builders of residential dwellings to avoid fall protection requirements.

"Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must."

According to the Bureau of Labor Statistics in 2009 there were 617 fatal work place falls and about half of these occurred in construction.

Continue reading "Roofing accidents continue to result in work injuries in Chicago, elsewhere in Illinois" »

Late last month the U.S. Department of Labor's Occupational Safety & Health Administration announced new directives that would decrease the hazard of construction fall injuries. Roofing accidents in Chicago present a major threat and are a common cause of residential and commercial construction injuries in the Chicago area.

Latino workers account for over 33% of all construction workers. According to the Bureau of Labor Statistics, approximately 40 workers are fatally injured each year on the job as a result of falling from residential roofs. In other words, a construction worker is killed on average, about once a week.

Often lacking adequate access to protection and safety information, Latino workers make up 33% of the fatally injured workers.

"Fatalities from falls are the number one cause of workplace deaths in construction. We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Almost every week, we see a worker killed from falling off a residential roof. We can stop these fatalities, and we must."

This new directive states that workers that are working on residential construction six feet or more above ground must be protected by some means of conventional fall protection. These should include a guardrail, safety net or personal fall arrest systems. Certain jobs may require an alternative fall protection measure. An optional can be proposed if the traditional methods are unfeasible. Employers will have until June 16, 2011 to initiate compliance to the new standards of safety.

The following are some rooftop safety tips that employees can follow:

-Don't stand on, sit on or lean against a cover placed over a hole or a skylight lens.

-Cover all holes before leaving a work area. If you use material that isn't weight barring then you should clearly identify the area as a fall hazard.

-Acquire information about fall protection from OSHA or your employer.

-When using a Personal Fall Arrest System use only anchor points identified by your employer. Inspection of your equipment regularly is a must.

Further information regarding residential fall protection can be utilized on the website seen here.

Continue reading "Residential roofing falls a common cause of Chicago construction accidents" »

The number of workplace injuries in Illinois have fallen steadily for more than a decade. But it is a soft economy and a 15 percent drop in construction spending that played a major role in the 17 percent decline in construction-related fatalities nationwide in 2009, Bloomberg.com reports.

Late last week a 53-year-old Plainville man was killed after being run over by a backing dump truck on a job site, the Quincy Herald-Whig reported. Regardless of the economy, increased joblessness, and increased safety regulations, construction is still a risky business.

As we reported in an earlier post on Chicago Workers Compensation Blog, 95,500 Illinois workers were injured at work in 2009, and another 193 were killed. TheWorkers’ compensation attorneys at VanPopering Law Offices have a proven track record representing clients injured or killed in work-related accidents in Illinois. Our team has a thorough understanding of workers’ compensation laws and can help you follow the necessary requirements and help file your claim in a timely manner.

Nationwide, and despite the 17 percent drop in industry-specific fatalities, construction remained the leader in fatal injuries across all industry in the private sector for 2009, according to the Bureau of Labor Statistics. The largest decrease – a 44 percent drop – was in nonresidential building construction.

If you or someone you know has been injured or killed in a construction-related workplace accident, our attorneys may be able to help. If you would like to discuss your workers' compensation rights fully, or if you feel that you have been unfairly denied benefits that you legitimately qualify for, we would appreciate the opportunity to evaluate your situation.

Continue reading "Fatal Plainville work accident highlights dangers of serious and fatal Illinois construction accidents " »

The Occupation Safety and Health Administration has published new rules for cranes and derricks, which replace the antiquated rules the industry has been operating under since 1971.

Chicago construction accidents often involve falling objects or employees who are injured after being struck by heavy equipment or building materials. The new rules are aimed at preventing some of the leading causes of construction fatalities, including electrocution, crushed/struck-by hazards, and collapsing and overturning cranes.

"The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary of Labor Hilda L. Solis. "After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning."

The new rules will apply to about 267,000 construction and crane companies nationwide and will affect nearly 5 million construction workers.

"The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners."

The complete federal rulebook for Cranes and Derricks is available here.

Continue reading "New rules for cranes and derricks could reduce the risk of Chicago construction accidents" »