Chicago Workers' Compensation Attorney Blog

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 scaffolding fall accident in May caused an Illinois worker to lose his life at a construction site. The worker was applying stucco to a home under construction in Burr Ridge when he fell from a scaffold and suffered a head injury. The fatal Illinois construction accident was in large part due to the fact that the worker was not wearing fall-protection equipment.

The Occupational Safety & Health Administration (OSHA) has recently cited the construction company responsible for employing the construction worker with four willful violations. Following an investigation into the fatal accident, it was determined that Igor Jerema Construction based out of Buffalo Grove failed to provide employees with fall protection, build scaffold supports on firm foundation, provide a ladder for workers on the scaffolding project and lacked a plank platform for all levels of the scaffold. The construction company is facing proposed fines of $50,000, a relatively small price to pay for putting workers at risk of fatal injury.

Chicago workers' compensation attorneys understand that fall accidents are one of the many dangers construction workers face. The leading cause of death in the construction industry is fall accidents, but workers are also subject to transportation accidents, struck-by accidents, trenching accidents or injuries caused by operating hand tools or power tools.

OSHA representatives are aware of the many different dangers in the construction industry, which is why they are now offering an online v-Tool for workers and employers to learn about the many different hazards they may face. Almost 137,000 construction workers are injured and another 800 are killed annually on the job.

OSHA has developed a set of 12 brief construction hazard prevention videos that can assist workers in identifying a potential hazard and also eliminate the threat of work-related injuries at a construction site. Each video is two to four minutes and depicts a real-life job site incident that resulted in injury or death. The video then follows-up with a corrective action that can be used to help prevent the same kind of incident from happening at other job sites.

For example, one video shows a worker falling from a ladder that is erected on a scaffold well above ground level while another worker stands on the edge of the platform with no railings or protective harness to keep him from falling. Workers are not permitted by OSHA standards to work 10 feet above a surface without having some sort of protective equipment or device that can prevent them from free-falling to the ground. The worker in the video reaches to hammer a nail into the siding and loses balance, causing him to fall to ground level. The video corrects the hazard by showing a long scaffolding strongly built from the ground up that offers full support and railings around all the edges to prevent a fall accident. In addition, the ladder was removed from on top the scaffold as the platform can be raised and lowered through a cable device. The railings on each side of the scaffold prevent a worker from falling over the edge while measuring or working on top of the scaffold.

Other videos include images of other types of fall accidents, sprain and strain injuries that can occur, struck-by accidents, exposure to carbon monoxide at a construction site and injuries that can occur while trenching or excavating at a construction site.

Continue reading "Scaffold Fall at Illinois Construction Site Leads to Fatal Work Injury; Company Cited for Willful Violations" »

As more and more jobs become available nationwide, we could see more work injuries being reported by companies who fail to train new hires or employees who are changing from one job industry to another. Illinois workers' compensation attorneys want to remind employees as you begin a new job, make sure you are properly trained so that you can help decrease the possibilities of an accident in the workplace.

The economy has been in a slump for quite some time now. A recent article from U.S. News & World Report indicates the tide may be turning slightly as the unemployment rate fell to 8.6 percent nationwide. This is the lowest the rate has been in nearly three years. Approximately 140,000 jobs were added in November; half of them are considered new jobs offered in the retail and healthcare industries. Common sense tells us much of the credit is due to it being the holiday season and the fact the seasonal jobs can skew the numbers. Several part-time and seasonal workers were hired in November, which can have a direct impact on the unemployment rate. Having said this, we are optimistic that the numbers do mean something and that the American public can finally start getting back on their feet again.

It is no time for companies to become complacent about educating employees about safety precautions or employers making sure they are doing everything in their power to create a safe work environment. All employees have a right to be protected in order to reduce the risk of a work-related accident in Chicago or elsewhere.

We recently posted on our Chicago Workers' Compensation Attorney Blog about the dangers of Black Friday crowds and how they can lead to injury when workers aren't trained or protected. Retail companies typically hire extra staff to get them through the holiday blitz. Training seasonal workers for security or crowd management must be a priority or else companies can face premise liability or workers' compensation claims as a result of their negligence.

Last year, the Bureau of Labor Statistics reported over 4,500 fatal occupational injuries nationwide. Illinois reported 203 worker deaths in 2010, almost 50 more than the number of occupational deaths reported in our state in 2009.

The most common cause of death at work nationwide in 2010 was from transportation incidents. Illinois reported 72 of the 1,766 fatal occupational injuries caused by transportation incidents. Other common causes of fatal work injuries in Illinois were related to contact with objects, equipment or struck by incidents (39), violent acts and assaults (38) and fall accidents (37).

No matter what field or industry you work in, employers have a responsibility to their workers' safety and well-being while in the workplace.

Continue reading "People Changing Job Industries Could Bring Increase in Illinois Work Injuries " »

When an Illinois company knowingly releases catastrophic amounts of hazardous chemicals or toxins in the workplace, workers' safety could be compromised. Those releases could result in explosions or other incidents that put workers at risk. Unfortunately, in far too many cases, when workers are exposed they may suffer irreversible health conditions from a work-related accident in Illinois or elsewhere that can have a long-term effect on their quality of life or maybe even shorten their life span.

Cook County workers' compensation attorneys have seen the effects of people injured on the job. That is why we fight hard to protect injured workers' rights and advise them about any compensation that they may be entitled to for medical bills and other costs. Employers who put their workers at risk of serious health conditions must be held accountable for not making sure work environments are operating under applicable laws.

The U.S. Department of Labor's Occupational Safety & Health Administration (OSHA) recently announced a new National Emphasis Program (NEP) that will protect workers from highly hazardous chemicals being released at chemical facilities. It is replacing the pilot program that was initiated back in 2009 as a result of OSHA inspectors finding that there are far too many workers being killed or injured in chemical facilities nationwide.

Maybe it helps to understand the dangers that workers face at chemical facilities. According to Chemical Plant Safety, workers are exposed to all kinds of hazardous substances at these types of facilities, especially when spillage occurs. Acids, highly flammable liquids, reactive substances, toxic chemicals and oxidizing agents are just a few of the hazardous chemicals that can spill in or from a storage tank, warehouse, lab, production site or even during transportation of the hazardous wastes.

When chemical spills occur, workers or environments are exposed to:

-Toxic atmospheres that can be breathed in and cause severe internal injuries or health conditions.

-Fire and explosions. Flammable vapor ignites quickly causing a severe risk of burn injuries and smoke inhalation. Burns can also be caused by corrosive liquids that spill onto the floor or other surfaces.

-Contamination of the environment, which includes air, water or soil.

-Spilled chemicals that come into contact with incompatible materials can cause a reaction and generate other toxic gases or chemicals.

The new National Emphasis Program will allow OSHA inspectors across the country to visit chemical facilities to make sure necessary precautions are being taken to reduce chemical spills. Workers must be protected according to standards set forth by OSHA's Process Safety Management (PSM) policies and procedures.

During random inspections at facilities, inspectors will ask detailed questions to gather information related to PSM requirements. They will also verify that an employer's implemented PSM program is consistent with their intended written PSM program.

The only way to limit employee exposure to a hazardous substance at a chemical facility is to get away from the honor system and have OSHA inspectors keep facilities operating under federal regulations with random in-person visits. Protecting employees from releases of hazardous chemicals can prevent life-changing consequences that injured workers may face.

Continue reading "Chemical Exposure at Work Can Have Long-Term Effects on an Illinois Worker's Health" »

Can you believe it? It's almost 2012 and it's time for everyone to get cracking on their holiday shopping. This typically kicks off with Black Friday. While many hit the stores in search of some excellent deals, employees are hitting the stores in an attempt to cater to your needs. One of the most important needs on Black Friday is the need for safety. Luckily, the Occupational Safety and Health Administration (OSHA) is here to provide us with some excellent safety information to reduce work-related injuries in Chicago and elsewhere on the biggest shopping day of the year.

Special retail events, especially Black Friday, bring out residents from around the state in an attempt to snag up these spectacular deals. With the increase in popularity of these events over recent years, the risk of injury has increased as well. Back in 2008, an employee died at the opening of a Black Friday sale.

Our Chicago workers compensation attorneys understand that employers are required to provide employees with safe workplaces. Employers are responsible for adopting safety management systems to help reduce the risks of on-the-job accidents, including on Black Friday sales events.

OSHA has stepped in to help employers to enforce safety guidelines to help avoid any holiday shopping-related accidents. These events bring out large crowds and systems need to be in place to effectively handle these cases. There should be safety procedures in place to address pre-event setup, crowd management and emergency situation management.

Planning for events:

-When a large crowd is expected, make sure that you have trained security or police officers on hand.

-Be sure to create a detailed staffing plan. Workers should be designated specific areas. Make sure there are enough workers present to handle the crowd.

-Train all workers on how to handle crowds.

-Consider using internet sales as an incentive to keep crowds at bay.

-Make sure all lines are regulated by barricades.

-Make sure that employees have an efficient way to communicate with one another.

-Before opening, remind customers of the entrance process.

-Make sure to notify all employees when the doors are about to open.

-Remember you're buildings maximum capacity. Stop customers from entering once your hit your max.

-Make sure all exits are clear an unobstructed.

-Make sure everyone knows who to contact in the event of an emergency.

-Keep first-aid kits on hand. You should also have Automated External Defibrillators (AEDs) and a people who are certified in AED usage and CPR.

Black Friday is an exciting time for shoppers across the country. Employers are urged to go into the holiday season with a plan. Shoppers will surely be hitting the stores the day after Thanksgiving in an attempt to get some sweet deals on first for their loved ones. Help to ensure the safety of your shoppers and your workers by carefully fine tuning every detail of the biggest shopping day of the year.

Continue reading "Employers Urged to Plan Now for Black Friday Crowds to Help Prevent Work-Related Injury in Chicago" »

The U.S. Department of Labor has slapped another Illinois company for work hazards and safety violations in the workplace. Cook County workers' compensation lawyers are seeing more and more cases of companies that ignore employees' rights and neglect to take safety precautions that could prevent an injury or fatal accident.

The Occupational Safety & Health Administration (OSHA) recently announced that All-Feed Processing and Packing Inc. has been cited for more than 20 health and safety violations at its Galva facility. There were several willful violations related to OSHA's hearing conservation, respiratory protection and air contaminant standards.

A previous 2009 dust explosion and fire accident at this Illinois work site shows a blatant disregard for employee safety, which is why OSHA has slapped the company for fines in excess of three-quarters of a million dollars. OSHA found the following violations of worker safety which resulted in a penalty citation.

Serious Safety Violation:
One penalty of $3,850 was issued for not being able to provide written certification that hazards had been eliminated in a permit-required confined space. The hazardous conditions present in the confined space pose a high probability that a worker could be seriously injured, physically harmed or die from the hazard.

Repeat Violations:
Three repeat safety violations were cited at All-Feed Processing & Packaging Inc. The company had previously been cited in 2009 for the same or similar hazards and failed to make corrections. The company failed to train and evaluate industrial truck operators for their skills, lifting devices failed to display the load rating, and no danger signs were posted for employees working in potentially hazardous conditions or work spaces.

One repeat health violation was issued for failing to post instructions for safety precautions when combustible dust was present.

The penalty for repeat safety and health violations totaled $50,050.

Single-Instance Willful Violations:
Four violations were cited: requiring employees to work in areas where excessive amounts of dust exist (over the permissible limits set forth by OSHA standards) and no engineering controls were established for employees that had been exposed; employees exposed to excessive noise were not provided with an effective hearing conservation program; employees were not instructed on safe use, installation and wiring of equipment in unsafe locations; and liquid propane-powered trucks were permitted to enter areas where combustible dust could be ignited.

Per-Instance Willful Violations:
Nine violations were handed to the company for not mandating that six employees exposed to excessive dust use respirators or failing to protect three dust-collection units that had an accumulation of starch, cellulose fiber, potato base and pea protein, all of which can cause a fire or explosion.

The thirteen total willful violations produced penalties adding up to $700,700.

It is important to note that since 2000, All-Feed Processing & Packaging Inc. has been inspected by OSHA investigators 10 times. On five of those occasions, the company was cited in previous inspections for 17 willful, five repeat, 44 serious, and 10 other-than-serious violations.

Continue reading "Employee Exposure to Dust and Noise at Illinois Pet Food Company Leads to Hefty Fines" »

New directives were recently announced in an Occupational Safety and Health Administration (OSHA) press release regarding how OSHA personnel should respond to complaints and incidents of workplace violence. The directive also addresses inspection issues of industries that have a high risk of workplace violence such as social service and healthcare facilities and late night business such as gas stations and convenient stores.

Our Chicago workers' compensation lawyers know that violence in the workplace is a serious occupational hazard. In the past 15 years, it has ranked near the top as a leading cause of death on the job. The Bureau of Labor Statistics (BLS) reports that during 2006 through 2010 over 3,000 victims were killed at work as the result of a homicide.

OSHA inspections occurring during 2008 through 2010 at facilities in Maine, Massachusetts and New York have resulted in violations and fines to employers for not giving workers the information and skills needed to protect them from workplace violence incidents. The incidents in Massachusetts and New York resulted in death to workers from assaults at work.

A spokesman for OSHA feels that if employers are pro-active in protecting their employees these incidents can be prevented or greatly reduced. Studies by several organizations including the National Institute for Occupational Safety and Health demonstrate companies that put into practice effective safety procedures can decrease the occurrence of workplace violence.

Additional information for employers, including Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers and Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments can be found on OSHA's Preventing Workplace Violence website.

What are some of the risk factors for late-night retail workers?
-Working alone in a store that has poor lighting in the store and parking area.
-Any exchange of money can lead to robberies.
-Working alone in a store or area that is isolated.
-Working in a store that sells alcohol.
-Staff needs training to recognize and handle escalating aggressive and hostile behavior.

Risk factors effecting social service and health care workers include:
-Hospitals are being used more by the criminal justice system for holding and care of criminals; many are disturbed and violent.
-Escalating client frustration at clinics and emergency rooms due to long waiting times.
-Trauma patients in emergency rooms accompanied by gang members and hysterical family members.
-Decreases in staffing leads to less supervision during visiting hours and mealtimes or when staff is away during a patient transfer to another area.
-Working alone with a patient during an exam.
-Going to isolated areas alone without backup or a means of communication to get immediate assistance.
-Staff not being trained on how to handle hostile behavior.

Continue reading "Protecting Employees from Violence Can Reduce Worker Homicide Deaths at Illinois Job Sites" »

Our Chicago workers' compensation lawyers would like to take a closer look at the recently released 2010 preliminary fatal workplace injury report from the U.S. Bureau of Labor Statistics. The 2010 preliminary report reveals that 4,547 workers died from injuries occurring on the job. Let's examine deadly work injuries by the type of incident:

Fires and explosions
There was a 65 percent increase in workers killed by fires and explosions in 2010. In 2009, 113 workers were killed compared to 187 last year. The significant contribution to the increase was deaths due to fires rose 106 percent from 2009. 82 of the 187 deaths happened in multi-fatality incidents. Illinois had 7 deaths as the result of fires and explosions

Workplace homicides
Homicides in the workplace during 2010 dropped by 7 percent compared to the previous year. The 2010 preliminary total is 506 cases, which is a decrease of over 50 percent from the all time high of 1,080 cases in 1994. In spite of the decrease, homicidal incidents involving women rose 13 percent in 2010. Workplace suicide cases were down from 263 in 2009 to 258 in 2010. Even though there was a decrease in the number of suicides the 2010 preliminary count is the 3rd highest total for the fatal work injury poll.

Falls
There was a 2 percent decrease in fatal falls in 2010. In 2009, there were 645 fatal falls; in 2010 there were 635. In 2007, there were more than 840 fatal falls; coincidentally, there has been a 25 percent decrease in the total over the last few years. The construction industry (private) has seen more than a 40 percent drop in the number of fatal falls since 2007 but it is likely due to the drop off of construction projects due to a weathered economy. It was reported that 31 Illinois workers fell to their death in 2010.

Struck by objects or equipment
In 2010, 402 workers were killed as the result of being struck by objects or equipment, which is a 4 percent decline from 2009. Being struck by objects or equipment caused the deaths of 39 Illinois workers.

Exposure to harmful substances or environments
There was a slight increase for fatal work injuries involving workers being exposed to harmful environments or substances, although electrocutions did see a decrease. A total of 15 Illinois workers died from exposure to harmful environments or substances in 2010.

Transportation
In 2010 almost 2 out of every 5 deadly work injuries involved a transportation incident. This is a small decline from 2009. Incidents involving non-highway accidents (off road), railway and pedestrians had increases compared to 2009. Aircraft and watercraft occupational fatalities were both down in 2010. (Transportation counts are expected to rise since all data was not yet available for the preliminary report.) Transportation incidents accounted for 72 deaths in Illinois.

2010 deaths by occupation saw the following results:

-Fatal injuries in extraction and construction work fell by 9 percent. This is the lowest it has been since 2006 which was a record high.

-Fatalities dropped 15 percent to 530 for construction trade workers; there has been a steady decline (46 percent) since 2006. Construction laborers are the most deadly sub group of workers but in 2010 deaths declined by 16 percent to 193. Due to the Deepwater Horizon oil rig and Upper Big Branch Mine incidents extraction worker deaths rose from 59 in 2009 to 91 in 2010.

-There was a 9 percent increase in fatal work injuries in fishing, forestry and farming workers.

-Agricultural worker fatalities increased to 156 from 127 in 2009 and logging worker deaths grew from 36 in 2009 to 59 in 2010.

-Researchers noted a drop in fatal injuries among fishing industry workers.

-After a 2-year drop, fatalities among protective service occupations rose by 6 percent. Police officers deaths were up 40 percent since 2009, with 134 officers losing their lives.

-Deaths to resident military personnel dropped 44 percent in 2010.

-There was a 5 percent increase in the number of deaths to workers in the material moving and transportation occupations and made up about 25 percent of all occupational fatalities.

-A 6 percent increase in sales workers and truck drivers led the way of transportation and material moving subgroups with the most fatalities.

Continue reading "Chicago Workers' Compensation Attorneys Take a Close Look at Most Dangerous Work Industries in 2010 " »

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" »

An East Peoria, Illinois company has been fined by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for failing to lock out electrical equipment, according to an OSHA press release.

Our Illinois workers' compensation lawyers are aware that nationwide, roughly 3 million workers service electrical equipment and are at a great risk of death or injury if lock out/tag out procedures are not properly implemented. It is estimated that about 120 fatalities and 50,000 injuries each year are prevented by complying with lock out/tag out standards set by OSHA.

Three safety violations were issued to Caterpillar Inc. in East Peoria recently by OSHA for failing to follow appropriate procedures to lock out and tag out the energy sources of equipment. An OSHA investigation was sparked by a December 2010 incident where a worker was injured trying to fix a jam on the link orienter in the full link heat treat area. The company faces anticipated penalties of $66,000 because lock out/tag out requirements for the equipment hadn't been implemented prior to the worker going into the area.

"Employers have a responsibility to take all necessary safety precautions to protect workers," said Tom Bielema, OSHA's area director in Peoria. "Caterpillar previously had been cited for failing to properly lock out and tag out equipment, which should have made them familiar with OSHA's regulations and requirements."

Because workers were not trained on lock out/tag out procedures and due to lock out or tag out devices were not affixed to isolate energy to the link orienter the company was cited for two repeat violations. It is disappointing that Caterpillar's East Peoria facility continues to have this safety issue since they had these same violations during a May 2009 inspection. A serious violation was issued for failing to provide to its workers a lockout or tag out device for the link orienter.

How can employers protect their workers from hazardous energy accidents?

-Enforce, develop and implement an energy control program.
-Use lockout devices for equipment that can be locked out and only use tag out devices if it provides workers protection equivalent to lockout devices.
-Make sure new or overhauled equipment can be locked out.
-Implement, develop and enforce an effective tag out program when equipment can't be locked out.
-Use only authorized lock out/tag out devices for the particular equipment and make sure that they are standardized, durable and substantial.
-Annually inspect energy control procedures.
-Provide effective training to all workers.
-Comply with extra energy control conditions in OSHA standards when: outside contractors work at the site, when machines or equipment must be repositioned or tested, in group lockout circumstances, and during personnel or shift changes.

How can workers be safer around hazardous energy? Workers need training to make sure they understand, know and follow the companies hazardous energy control procedures.

The training by the company must include:

-Reviewing the energy control program.
-Workers need to know the pertinent energy control procedures that affect their duties.
-Reviewing the OSHA standards related to lock out/tag out standards.

Continue reading "Lock Out Devices Critical in Reducing Injuries to Workers at Energy Control Job Sites in Illinois" »

A veterans health care center in North Chicago has been issued notices of unsafe and unhealthy working conditions by the U.S. Department of Labor's Occupational Safety and Health Administration, according to an OSHA press release.

Our Chicago workers' compensation lawyers think it is appalling that a federal facility has been cited for not one, but 33 notices for unhealthy and unsafe working conditions.

"The health care center failed to properly ensure the facility was in compliance with established safety and health procedures," said Diane Turek, director for OSHA's Chicago North Area Office in Des Plaines. "Employers are responsible for knowing what hazards exist in their facilities and must take appropriate precautions by following OSHA standards to ensure that workers are not exposed to such risks."

Repeat safety notices included:

-Lacking standard guardrails on open sided floors.

-Not marking exits and exit doors that should require keys or special knowledge to open.

-Not conducting periodic energy control inspections.

-Using space around electrical equipment for storage.

-Not making sure electrical conductor boxes were closed.

-Failing to inspect portable electric equipment.

A repeat health notice was also issued for not including the type/brand of needles in the needles log used when an employee was exposed to blood or bodily fluids.

Repeat health and safety notices are issued if a federal agency previously has been cited for the same or similar serious conditions and if a region-wide inspection for the agency had a previous violation issued within the last three years. Similar safety and health violations were issued in facilities in Minneapolis, Minn., and Becksville, Ohio.

Serious safety notices included:

-Failing to have guardrails on stairs and elevated runways.

-Not keeping exit routes unobstructed and free.

-Not posting signs showing travel route to an exit and failing to properly mark doors along an exit route.

-Not using electrical equipment as directed by the label.

-Not providing rating markings on electrical equipment.

-Failing to care for flexible cords and cables from unintended damage.

Serious health notices related to asbestos and bloodborne pathogens included:

-Failing to provide asbestos labels and signs for mechanical rooms and insulated surfaces.

-Not having two hours of asbestos awareness training.

-Not letting employees know, through training, of the location of asbestos-insulated surfaces.

-Not providing the hepatitis B Vaccine to employees with occupational exposure to blood.

-Not including an explanation of the site's bloodborne pathogen exposure plan in the training program.

Additional other-than-serious health notices were issued for failure to report needle injuries on the OSHA 300 log; the OSHA 300 Log was incomplete; the annual record-keeping summary was incomplete; and employees did not have access to a copy of the OSHA bloodborne pathogen standard.

During the time of the inspections, the center was under the sole direction of the U.S. Department of Veterans Affairs. Effective late last year, the center was renamed the Captain James A. Lovell Federal Health Care Center and was the first fully-integrated federal health care facility in a joint venture with the U.S. Department of Veterans Affairs and the U.S. Department of Defense. The inspection by OSHA was conducted as part of the OSHA Federal Agency Targeting Inspection Program.

Continue reading "OSHA Cites North Chicago Veterans Health Care Center for Unsafe Working Conditions " »

Albin Carlson & Company, a bridge and road construction company of Addison has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for eight health violations, according to an OSHA press release.

Our Illinois workers' compensation lawyers are aware that lead exposure is one of the leading causes of workplace illness in Chicago.

Resulting from an OSHA investigation at a Chicago job site in December 2010, Albin Carlson & Company was issued two willful violations for not protecting workers from lead exposure while engaged in torch-cutting on a steel structure. The employer faces fines totaling $180,180.

"This company was aware that employees were conducting torch cutting on a steel structure coated with lead-based paint and failed to ensure that a respiratory protection plan was in use on the job site. That is unacceptable," said Michael Connors, OSHA's regional director in Chicago. "Employers are responsible for knowing what hazards exist on their job sites and ensuring that workers are not exposed to risks that could result in injury or death."

Failing to provide appropriate respiratory protection and to ensure workers' lead exposure did not surpass permissible daily limits were willful violations the employer did not address, warranting fines of $138,600. The company was also cited for six serious violations, including failure to implement a respiratory protection program; not having a compliance program to limit employee exposure to lead; not conducting initial monitoring for lead; not providing personal work clothing for temporary protection from lead exposure; and not providing adequate shower and hand-washing facilities.

The additional citations resulted in fines of $41,580. OSHA had inspected Albin Carlson & Company 13 times in the past five years. The investigation began under an OSHA national emphasis program on lead. The program began almost ten years ago to reduce occupational lead exposures.

Lead is a systemic poison, and chronic overexposure can lead to damage in blood-forming, urinary, nervous and reproductive systems. Common symptoms of acute lead poisoning are nausea, vomiting, stomach cramps, loss of appetite, constipation, joint or muscle aches, difficulty sleeping, fatigue, moodiness, headache and anemia. Industries with a high potential for exposures include: construction that involves brazing, blasting, welding, cutting, etc., on lead paint surfaces; most smelter operations or secondary lead smelters where lead is recovered from firing ranges, batteries and radiator repair shops.

Protect yourself from lead exposure:

-Wash your hands and face before you eat, drink or smoke.

-Don't eat, drink or smoke in areas where there is lead, dust or fumes.

-Wear a properly fitted clean respirator in any areas that have lead dust or fumes.

-Take a shower and change clothes and shoes before going home.

-Launder work clothes separately.

Remember your employer has the obligation to provide you a safe place to work. If your employer does not make safety a top priority, it is your responsibility to speak up so you or your co-workers don't become victims of a tragic work-place accident.

Continue reading "OSHA Fines Company for Exposing Workers to Lead at Chicago Job Site " »

A number of companies are facing fines for unsafe work conditions in Illinois as more citations are handed out by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

PolyChem Services Inc. in Chicago Heights now has one safety and five health violations, including a willful health violation for failing to ensure that confined spaces were safe to enter, according to an OSHA press release. The company experienced a work accident in Illinois after a worker experienced second- and third-degree burns at their plant in November of last year.

"Requiring workers to enter confined spaces where known hazards exist without implementing a safe entry permit program is unacceptable," said Gary Anderson, OSHA's area director in Calumet City. "Employers are responsible for knowing what hazards exist in their facilities and must take appropriate precautions by following OSHA regulations to ensure the safety and health of their workers."

Our Chicago workers' compensation attorneys recognize the need for safe working conditions and would like to remind employees that employers are required, by law, to ensure that their facilities are safe for all workers.

Polychem received a willful violation totally $42,000 after employees were allegedly required to enter a portable baker tank and a reactor vessel that had not been evaluated first for safe entry by purging.

The company also saw four serious health violations, with penalties of nearly $17,000, including failing to develop and implement a written respiratory protection program, failing to assess work sites for hazards requiring personal protective equipment, failing to implement a hazardous chemical training program and for the use of electrical cables for non-authorized purposes.

The serious safety citation came with a $4,200 penalty, as they were cited for failing to provide employees with electrical safety training necessary to perform voltage testing. This training is used for employees who are exposed to electrical shock hazards.

A second company, Bill Smith Auto Parts Inc. of Urbana, received six health violations and 14 safety violations for exposing their workers to equipment hazards and failing to provide health programs for respirator protection. That company is facing fines near $50,000 as a result of an inspection conducted earlier this year.

"This company failed to take basic precautions such as installing machine guarding, properly maintaining powered industrial trucks and ensuring the proper storage of potentially hazardous materials," said Tom Bielema, director for OSHA's Peoria Area Office. "Employers are responsible for knowing what hazards exist in their facilities and for following OSHA standards to ensure the safety and health of their workers."

The company received 13 serious violations including a lack of a work rest on grinder machinery, modifying powered industrial trucks for noncertified uses, not providing guarding on pulleys and other equipment lower than 7 feet from the floor to prevent struck-by hazards, not removing damaged cords and electrical equipment from use, a lack of guarding on open-sided floors and failing to properly store compressed gas cylinders

They also received 5 serious health violations for failing to develop and implement a hazardous communications program, failing to have a written respirator program, failing to mark hazardous material containers properly, failing to have material data safety sheets available for hazardous materials in use and failing to conduct hazardous chemical training

We would like to remind all employees that it is the responsibility of your employer to provide you with a safe working environment. If an employer neglects to keep up with safety recommendations, they will be held responsible and will face the consequences and pay the appropriate fines for their violations. All employees are urged to speak up at their place of employment if you see unsafe condition or potential hazards.

Continue reading "More Companies Face Fines for Unsafe Working Conditions in Illinois" »

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" »

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" »

New guidelines for the use of personal protective equipment (PPE) went into effect early last month to assist Occupational Safety and Health Administration (OSHA) inspectors and help ensure workplace safety.

Our Chicago workers' compensation attorneys know the importance of personal protective equipment in the workplace, in order to prevent a Chicago work injury from occurring.

Several years ago a final rule was issued by OSHA regarding 'Employer Payment for Personal Protective Equipment'. Employers in the following areas would be required to provide most types of personal protective equipment, at no cost to their workers:
-General industry
-Marine terminals
-Construction
-Long shoring
-Shipyard

Enforcement Guidance for Personal Protective Equipment in General Industry, will replace the outdated directive (June 1995), Inspection Guidelines for 29 CFR 1910 Subpart I, the revised Personal Protective Equipment Standards for General Industry.

The new directive helps to clarify the type of PPE the employer must provide and under what circumstances the employer has to pay for it.

Employers need to provide to employees, at no cost to them, items including but not limited to: goggles, face shields, respirators, gloves, foot protection, ladder safety belts, hard hats, hearing protection, fall protections.

Employers do not need to provide back belts, rain gear, cold weather gear, hairnet & gloves, or uniforms for identification purposes only.

A full list of items that employers have to pay for and those they don't have to pay for can be found in the Enforcement Guidance for Personal Protective Equipment in General Industry directive.

Employers must provide adequate information, instruction and/or training on the use of any personal protective equipment.

Instruction and information should cover:
-Why is PPE needed, what is the risk?
-The operation, limitations and performance of the equipment.
-How to use the equipment and how to store it.
-Does the equipment require any testing?
-How to clean the equipment.
-Do any factors affect the performance of the equipment?
-How to report defective equipment and how to arrange and obtain new equipment.

Refresher training should be provided periodically and employers should make sure employees are using the equipment that is being provided.

Continue reading "Employers typically required to provide protective equipment to reduce risk of Chicago work injury" »

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" »

The Occupational Safety and Health Administration (OSHA) announced it is withdrawing its proposed explanation, "Interpretation of OSHA's Provisions for Feasible Administrative or Engineering Controls of Occupational Noise."

The explanation would have clarified the term "feasible administrative or engineering controls" used for OSHA's noise standard. The proposal was published in the Federal Register in October. Clarification could have required better protection from Illinois work injuries caused by noise in the workplace.

OSHA wanted to augment earplugs with engineering and other administrative efforts to reduce noise in the workplace when such controls are feasible. OSHA wanted "feasible" to mean “capable of being done” or “achievable.”

Our Chicago workers' compensation attorneys have expressed our concerns on workplace hearing loss on prior posts to our Chicago Workers' Compensation Attorney Blog.

"Hearing loss caused by excessive noise levels remains a serious occupational health problem in this country," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "However, it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated. We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards."

Earlier this month Dr. Michaels met with members of the Senate Committee on Small Business and Entrepreneurship. A letter was sent by Senators Olympia Snowe and Joseph Lieberman prompting the meeting, these two senators also are co-chairs of the Senate Task Force on Manufacturing.

It is no surprise the senators are concerned, according to the Centers for Disease Control and Prevention hearing loss is the most common occupational illness in manufacturing. Over 16 million people work in manufacturing, which is about 13% of the U.S. workforce. There were 59,100 cases of occupational illnesses reported in the manufacturing industry; of them 17,700 were hearing loss cases. In order for OSHA to record hearing loss as an occupational illness, it must be proven that the hearing loss came from the work environment and the worker is now hearing impaired.

However, it is disheartening to see the government buckle to the demands of industry. Noise has been a significant problem since the dawn of manufacturing. It is past time for more significant workplace safeguards to be put in place.

Signs of hearing loss may include:

-Having to turn up the radio or TV volume.

-In a group setting you are missing parts of conversations.

-All words you hear aren't always clear.

-You think people are mumbling.

Continue reading "OSHA backs down from effort to reduce Chicago work injuries caused by noise" »

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" »

Two Illinois companies are being cited by the U.S. Department of Labor's Occupational Safety and Health Administration for unsafe work conditions.

Our Chicago worker's compensation attorneys fight for the rights of employees who are injured on the job in Illinois. Far too often these accidents occur because an employer fails to provide the proper training or to properly outfit their employees with the right equipment and safety gear.

In the first case,The Occupation Safety & Health Administration cited the Peoria Siding & Window Company whit failing to provide their workers with fall protection equipment while working on residential roofing projects.

Unfortunately this is not the first time the company has been cited for failing to provide this type of equipment. They had been previously cited in July 2008 and again in July 2010, according to OSHA. The company was issued one willful safety violation, which means they intentionally ignored law's regarding employee safety. The penalty for this kind of violation is $48,400. The company will have 15 days to correct the violation.

"Falls are a leading cause of injury and death in the workplace," said Thomas Bielema, OSHA's area director in Peoria, Ill. "Failing to provide fall protection is unacceptable, and OSHA is committed to ensuring employers abide by this agency's safety and health regulations."

OSHA requires that an efficient type of fall protection, including personal fall arrest systems, guardrails or safety nets, be used by workers performing residential construction jobs that are 6 feet or greater above the next lower level.

Detailed information on fall protection can be found here.

The second case is against Di Paolo Co. in Glenview, Ill., which installs underground water and sewer pipes. The government contends the company failed to provide several safety measures to their workers.

The company was issued one willful safety violation, which means they intentionally ignored law's regarding employee safety involving cave-in protection.

They were also cited for nine serious safety violations. OSHA defines "serious" as being a substantial probability that serious physical harm or death could occur from a hazard that the employer should have known or had previous knowledge of.

The company did not provide fall protection for walkways and shoring systems. They did not have properly trained flagmen. Last, they had unapproved repairs to electrical cords. The total cost of violations to the company is $113,000. The company will have 15 days to correct the violations.

This company has been inspected 20 times since 1982 and has received 33 citations, mostly for violations involving trenching. Four citations were given in 1993 after a worker was killed on a job site.

"Cave-in accidents are a leading cause of worker fatalities during excavations. At the time of the inspection, members of the company's management team were on site and still allowed workers to be exposed to serious safety hazards," said OSHA Area Director Kathy Webb in North Aurora, Ill. "This situation simply is unacceptable, and we will do all we can to protect workers by enforcing OSHA regulations." OSHA requires cave-in protection when workers are excavating in depths greater than 5 feet.

Continue reading "Two Illinois companies cited for unsafe working conditions" »

An Illinois company has been fined nearly $400,000 for 28 work-safety violations after the government reports the Coffeen company willfully exposed workers to high levels of hazardous dust, the Occupational Safety & Health Administration reported.

U.S. Minerals LLC is facing $396,000 in fines for exposing employees to dangerously high levels of hazardous dust and not providing adequate breathing protection, according to the government. Our Chicago workers' compensation lawyers know the resulting injuries in such cases often occur over years and can go unlinked to workplace exposure. Proving the resulting medical conditions -- which can range from emphysema to cancer -- qualify as a Chicago work injury can be a complex process best left to an experienced law firm.

"U.S. Minerals has severely jeopardized the health and safety of its workers by exposing them to extremely high levels of hazardous dust and other dangers," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "This is the fourth U.S. Minerals facility where very serious violations were cited in the past three months, clearly indicating these problems are widespread and systemic. This blatant disregard of workers' health and safety is not acceptable."

Breathing the hazardous dust at the facility has been linked to debilitating lung disease such as pneumoconiosis, which is characterized by symptoms including chronic cough, difficulty breathing and shortness of breath.

The investigation was conducted under the government's Severe Violators Enforcement Program. U.S. Minerals Coffeen facility was issued six willful citations with proposed fines of $336,000. A willful violation is defined as one committed with intentional, knowing or voluntary disregard for the law's requirements or plain indifference to employee safety and health.

"U.S. Minerals continually has failed to come into compliance on safety issues such as providing adequate breathing protection," said OSHA Area Director Thomas Bielema in Fairview Heights, Ill. "We are committed to seeing that the workers at this facility are provided a safe and healthful workplace."

The company was also issued seven repeat violations and 10 serious violations. In September, OSHA issued $466,400 in fines to the company's Baldwin, Illinois facility for 35 work health and safety violations. Company-owned facilities in Texas and Louisiana have also been cited.

Continue reading "Illinois company facing severe work-safety violations at two in-state facilities" »

The Occupational Safety & Health Administration is warning retailers to do their part to avoid Chicago work accidents and injuries to customers and guests during Black Friday sales events and the upcoming holiday season.

The government work-safety watchdog has sent a letter to the CEOs of 14 of the nation's largest retailers, reminding them of the trampling death of an employee during a 2008 Black Friday sales event and warning them of their responsibility for the safety of employees and guests alike.

"Crowd-related injuries during special retail sales and promotional events have increased during recent years," said Assistant Secretary for OSHA Dr. David Michaels. "Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

With up to half of retail profits coming in the next six weeks, stores are pulling out all the stops to lure customers. HDTVs, iPads, e-Readers and other hot electronics top the shopping lists for many. Retailers frequently provide a limited quantity at below cost in an effort to attract large crowds to start the shopping season.

OSHA's safety plan for retailers includes trained security, barricades or rope lines for pedestrian safety and crowd control, and emergency plans to address potential dangers.

Tips for Emergency Situations:

-Do not block exit doors or traffic flow.

-Have a plan in advance for calling and coordinating emergency response.

-Keep first aid kits and Automated External Defibrillators available.

-Have personnel trained in CPR and the use of AEDs.

-Instruct employees to follow the instructions of first responder, regardless of company rules.

Continue reading "Lack of safety planning puts employees and customers at risk of accidents during holiday shopping season" »

Employers will not be able to cram mandatory safety training into long days under new rules that go into effect immediately, the Occupation Safety & Health Administration reported.

Our Chicago work accident lawyers and Illinois workers' compensation attorneys applaud this measure, which will force employers to give adequate time to mandatory safety training instead of forcing employees to attempt to digest the information in 12 or 14 hour days. Too frequently, employers are loathed to give up the time and productivity necessary to provide for adequate training -- excessively long training days did little more than pay lip service to safety requirements while increasing the risk of a serious or fatal Illinois work injury.

OSHA called for an immediate halt to excessively long training days as concerns have grown over the ability of employees to process and retain the critical safety information aimed at reducing injuries, illnesses and death in the workplace. In some instances the 10-hour mandatory training sessions were being held in one day and the 30-hour sessions were being held in two or three days. OSHA was also concerned they were not meeting the hourly requirement once breaks, lunch and other downtime were factored into the equation.

The revisions require classes be held a maximum of 7.5 hours a day. The 10-hour training sessions must now be held over at least two days and the 30 hour sessions must take at least four days.

"Limiting daily class hours will help ensure that workers receive and retain quality safety training," said Assistant Secretary of Labor for OSHA David Michaels.

Going forward, OSHA will not recognize time spent in training sessions beyond the 7.5 hour daily maximum. The classes are taught by 17,000 independent trainers in workplaces across the country. There are 10- and 30-hour sessions for employees in construction, general industry and maritime. Sixteen-hour sessions are given to workers at disaster sites.

The agency has set up a fraud hotline at 847-725-7810 were interested parties can report those violating the new law.

Continue reading "New Limit on length of mandatory safety training classes will help reduce risk of Chicago work accidents" »

Our Chicago workers’ compensation lawyers are continuing to monitor the unemployment numbers, which, aside from subtle fluctuations over the last year seem to have flatlined nationwide. As of September, the U.S. Bureau of Labor Statistics reports the unemployment rate has remained relatively unchanged at 9.6 percent, leaving 14.8 million American workers out of work with few places to look for it.

Overall, the number of long-term unemployed – those out of work for 27 weeks or longer – has dropped slightly since May. With that said, the number of “involuntary” part-time workers – those essentially forced to accept part-time work either due to cutbacks or unavailability of full-time work – has ticked upward. So has the number of discouraged workers climbed by 500,000 since September 2009.

Discouraged worker numbers are most concerning because that demographic of the unemployed or under-employed have essentially given up hope and have limited resources to deal with the financial and emotional stress that accompanies their current status.

For those fortunate to still have a job, the Miami Herald reports, the outlook is just as bleak. In many offices, cutbacks have diminished the number of workers, thus the remaining staff is taking on heavier workloads. Pair that with a fear of job loss and the round-the-clock accessibility that comes with a largely online work environment and additional cuts in workplace-tied benefits, and we are facing perhaps the most stressed-out workforce in history.

Employees and employers are both feeling the pressure, which creates a tense work environment where more mistakes are made, workers are getting sick, and some are simply giving up and quitting outright. The boss may be stressing while trying to keep his game-face on in front of the staff, but it’s the lower-level employees who are really feeling the pressure.

In such an environment, an employee can be hesitant to report a Chicago work injury. In some cases, he or she may even decide not to report a work accident out of fear of job loss or other retaliation. Such a decision can negatively impact their ability to collect damages. In some cases, the extent of an injury may not be known until weeks or months after the fact. Failure to document a work accident can result in an inability to collect damages in the future.

Laws are in place to protect injured workers from retaliation. If you have been injured on the job in Chicago or the surrounding area, please make a report and contact an Illinois workers' compensation lawyer to discuss your rights.

Continue reading "Stress becoming a productivity, health issue for Chicago workers" »

A 39-year-old driver is believed to have been offloading propane from his tanker truck when the propane explosion occurred, critically injuring him and damaging property within a wide radius around the accident site, the Journal-Courier reports. He was transported to Jersey Community Hospital and then flown to St. John’s Mercy Medical Center, where he later died. State fire marshal investigators have deemed the incident accidental, but the OSHA investigation remains open.

According to the Propane Education and Research Council, more than 60 million Americans use propane each day in homes and businesses across the U.S. It is both colorless and odorless in its natural state, but manufactures add chemical deliberately to give propane a strong unpleasant smell to help alert consumers and professionals of a potential safety hazard. PERC sponsors a series of 16 interactive educational safety lessons on their website that aim to educate consumers about both the benefits and potential hazards associated with propane gas use.

OurChicago workers’ compensation lawyers recommend anyone using propane-fueled equipment read their owner’s manuals, follow all maintenance schedules and safety instructions and know how to identify signs of malfunction. The ILPGA and Propane Taxi offer the following additional safety tips for consumers.

Safety tips for propane tanks:
~ If you smell propane, leave the area immediately and call 911. DO NOT go back inside for any reason.

~ Extinguish any open flame and all cigarettes, pipes, cigar, etc.

~ If you can, close supply valves to propane tanks or cylinders and power down -- shut off light switches, air conditioning or heating units.

~ Unless you are a professional propane technician, NEVER attempt to repair or refill a propane tank.

~ NEVER store a propane tank indoors or near appliances or devices that may reach high temperatures. Tanks should be stored outside, upright and elevated off the ground on a non-flammable base.

~ If you need to transport a propane tank, make sure it is upright and secured on the floor in the back seat of your vehicle. Check that the valve is closed or plugged and drive with your windows open to prevent intoxication if your tank is leaking.

Safety tips for propane grills or heaters:
~ Only use a propane grill or heater outdoors and in a well-ventilated, open area free of combustible materials.

~ Create a walk-around zone and no-lay safety perimeter for kids.

~ Burners last: always turn the grill off at the gas source first.

Continue reading "West-central Illinois worker killed from jobsite propane explosion, neighboring homes damaged" »

Against a backdrop of 15-foot tall Superman statue, amidst a sea of 69 crosses memorializing area workers who have died from and struggle with cancer, the 6,500 residents of blue-collar Metropolis, Ill. battle for jobs and for quality of life, the New York Times reports.

Since a June 28 lockout, Chicago workers’ compensation lawyers have been watching events develop at the Honeywell uranium conversion plant – the only one of its kind in the country and one of only a handful around the globe.

Due to a labor dispute involving health care, pensions, job elimination and restructuring, the company has locked out 220 Illinois steelworkers and turned to hiring on inadequately-skilled temporary replacement workers (known casually as “scabs”) to tackle the dangerous, highly-specialized task of converting uranium, Labor Notes reports.

The process transforms milled “yellow cake” uranium through a complex four-step process that produces uranium hexafluoride gas and potentially exposes workers to risk of radiation poisoning and hydrofluoric acid burns. Uranium hexafluoride can be enriched and used as nuclear fuel.

A Sept. 5 explosion, later determined by U.S. Nuclear Regulatory Commission inspectors to be associated with the venting of hydrogen gas, only exacerbated concerns of the workers and citizens of Metropolis alike who are concerned about jobs, but also the safety of their community from exposure to toxic, potentially deadly, chemicals.

Twice before the town has been rocked by toxic releases from the plant, once in 1960s and again in 2003. The first incident required all homes within a half-mile of the plant be permanently vacated and removed. The second led to the evacuation of 75 homes and shuttered hundreds of residents in their homes and required them to shut off air conditioning to close off exposure to outside air.

Honeywell disputes any relationship between workplace exposure and worker cancer rates, but locked out steelworkers and their families disagree. As negotiations bog down, the community watches and wonders whether temporary workers are capable of safely handling the uranium processing happening on their doorsteps.

Continue reading "Honeywell explosion highlights risks faced by Metropolis steelworkers" »

While responding to a disturbance involving several students at the end of the school day, a 27-year-old elementary school teacher was stabbed by a student. A laceration to his left shoulder required at least six stitches to close the wound. A 13-year-old boy, who was later spotted dropping a bloody instrument down a nearby sewer, has been arrested and charged with one count of aggravated battery to a protected employee. It is believed the weapon may have been a razor knife or box cutter, CBS-2 in Chicago reported.

In 2009, the Bureau of Labor Statistics reported that out of 158 Illinois work-related fatalities, 36 workers were killed in incidents involving violence in the workplace. During 2008 and 2009, 1,604 American workers died in violence-related workplace fatalities, broken down as follows:

~ 1,047 homicides

~ 841 shootings

~ 81 stabbings, and

~ 500 self-inflicted injuries

The BLS further reported that within the educational profession alone, in 2009 there were 60 work-related fatalities, 9 caused by violent assault.

A study published by the Center for Disease Control, reveals a disturbing trend of workplace violence facing K-12 school staff across the country. On average, teachers experience 39 crimes – 14 violent crimes and 25 crimes of theft – per 1,000 teachers. It is believed that the actual rate of incidents is much higher and these numbers are deflated because many incidents go unreported.

Between 1993 and 1999, the Bureau of Justice Statistics reported that American workers were exposed to 1.7 million acts of violence in the workplace. Overall, workplace violence accounted for 18 percent of all reported violent crime during this time span.

These acts included:

~ 1.3 million cases of “simple assault” (for example: being threatened with a stick)

~ 325,000 acts of “aggravated assault” (for example: being threatened with a gun or knife)

~ 36,500 rapes and sexual assaults

~ 70,000 robberies, and

~ 900 homicides

Continue reading " Illinois work-related violence facing public school teachers" »

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 " »

As the number of workplace fatalities and injuries continue to tick downward in a decade-long trend nationwide, the Bureau of Labor and Statistics reports that the number of American workers who lost time at work due to an injury hovers around 1.1 million cases out of 3.7 million reportable incidents.

Additionally, the BLS found that 4,340 Americans lost their lives while simply doing their job in 2009.

A total of 193 workers were killed in Illinois work accidents, with most fatalities occurring in management or professional occupations, construction, production and transportation.

For another 95,500 Illinois workers, on-the-job injuries resulted in reduced work hours, job transfers or restrictions, a 2007 survey produced by the Illinois Department of Public Heath reports.

So while incidents of death or injury on the job continue to drop, influenced in part by a flagging economy and surging rates of joblessness, thousands of Illinois workers sustained a workplace injury severe enough to require time off, while nearly another 200 workers lost their lives.

If you have been injured or someone you know has been injured or killed in a Chicago-area work-related accident, speaking with an experienced Chicago workers’ compensation attorney can help you better navigate workers compensation law.

Rates of workplace homicides have fallen by 50 percent since 1994 with 521 deaths recorded nationally in 2009. About 80 percent of work-related homicides were shooting incidents. Work-related suicides are also seeing a drop of nearly 10 percent since 2008, and even the sales of workers’ compensation insurance policies are seeing a decline for the third consecutive year, Bloomberg.com reported.

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. Our experienced workers' compensation attorneys may be able to assist you through the various stages on the appeals process and negotiate with insurance companies on your behalf.

Continue reading "Nearly 100,000 employees injured in Illinois work accidents despite economic downturn" »

An Illinois work accident that killed two teenagers working in a grain bin could have been prevented, the Associated Press reported.

"This was very preventable," said OSHA spokesman Scott Allen in the Department of Labor's Chicago office. "There are OSHA regulations that should have been followed and it appears they were not."

A third teenager was hospitalized; the preliminary investigation found that one of the workers was underage and the other employees lacked the proper safety equipment. The health and safety of teenage employees is governed by state and federal labor laws. A Chicago workers' compensation lawyer should be contacted whenever a young worker is injured on the job.

The accident happened in a grain bin owned by Haasbach LLC of Mount Carroll in northwestern Illinois. Holes were cut into the sides of the bin to drain thousands of pounds of corn so that the trapped workers could be freed. The three workers were inside the bin at the time of the accident. I fourth worker outside the bin was not injured.

Two employees, ages 19 and 14, were pulled from the bin and pronounced dead. A 20-year-old employee was hospitalized in fair condition. The preliminary investigation found that none of the employees were wearing safety harnesses or had life lines. The 14-year-old worker should never even have been allowed inside the grain bin.

"There was no reason for anyone under the age of 18 to be doing work inside the bin," Allen said.

OSHA reports 16 deaths inside grain bins in the last decade.

Continue reading "Safety and labor violations reported in fatal Illinois work accident" »

The Illinois construction accident that claimed the life of an employee in a Christmas Day incident on the campus of Illinois State University was avoidable, the Pantagraph reported.

Our Illinois workers' compensation lawyers work with employees who have been injured in construction accidents. In some cases, a personal injury or wrongful death lawsuit may be filed in conjunction with a work accident claim.

The ruling by a McLean County coroner's jury involved the death of a 57-year-old employee of Bloomington's Stark Excavating. The company declined to comment. The employee was killed after a large piece of a concrete pillar facade fell on the excavator he was operating. The employee and his crew had arrived to clear the broken pillar pieces, which weighed thousands of pounds each.

The coroner's jury foreman said the jury felt the crushing death was accidental. But they wanted the company to create a safety inspection team and to develop better training. Jurors heard from a number of witnesses and reviewed statements and reports, including the report from the Occupational Safety and Health Administration.

The company's risk-management director said the company had no formal inspection team but that workers inspected equipment prior to each job; much of the discussion had centered around a nylon sling that broke when workers attempted to lift at 8,780-pound piece of pillar. He said the team working on Christmas day consisted of several veterans with decades of experience.

OSHA fined the company $28,000 in the wake of the accident.

Continue reading "Christmas Day Illinois construction accident could have been prevented " »

The jobless rate in Chicago fell in June, the first year-over-year decline in more than three years, the Chicago Sun-Times reported. The rate dropped from 10.9 percent to 10.6 percent. However, the month-over-month figure shows the rate rose from 10.4 percent, representing a monthly loss of 61,900 jobs.

The Great Recession has caused great upheaval in the workplace. Layoffs frequently mean that remaining employees are doing more with less and may be at greater risk of suffering a Chicago work accident. Likewise, new employees are entitled to safety training and may be at increased risk of being injured on the job. Sometimes a new employee, or an employee laboring under the constant threat of layoffs or downsizing, may be reluctant to report a work injury. Our Chicago workers' compensation attorneys remind employees that properly reporting a work injury is critical to protecting your rights and the financial well-being of you and your family.

There are laws in place to protect employees from being fired or otherwise retaliated against for reporting a work injury or unsafe working conditions. The long-term risks of not reporting a work injury are too great to sacrifice for short-term job security. Those who fail to properly document a work injury may be unable to collect should future medical complications force time away from work or result in a disability.

The workplace will remain more volatile than usual as the economy moves toward recovery.

“Any economic rebound following the most profound national recession in decades will include slight up-and-down movements in the unemployment rate as well as the number of jobs created," said Illinois Employment Security Director Maureen O'Donnell.

It is more critical than every that employees protect their rights when injured on the job in Illinois.

Continue reading "Recovering economy leaves employees at high risk for Chicago work injury" »

An employee has died in an Illinois mining accident at the troubled Peabody Energy Mine in southern Illinois, the Associated Press reported.

Our Illinois work injury lawyers just reported about ongoing problems at the mine. Illinois has 19 operating coal mines and substantial mining operations across the southern portion of the state. We wrote recently on our Chicago Workers' Compensation Attorney Blog that the two largest mining disasters to ever occur in the U.S. both happened in Illinois in the 1940s.

In this accident, an employee was struck by a piece of heavy equipment while working underground at Peabody Energy's Willow Lake mine, according to the federal Mine Safety and Health Administration. Federal regulators consider Willow Lakes a problem mine; in June, the agency was granted an expedited hearing before the Federal Mine Safety and Health Review Commission. Peabody officials termed that move "publicity seeking" on the part of the federal government.

The mine has been fined $230,000 for violations termed "significant and substantial" since late 2008, meaning the government believes serious injury or death could result from the alleged safety infractions. Cited problems, according to the government, include failure to provide adequate protection from cave-ins, and excessive accumulation of combustible materials.

The Willow Lakes facility is large by U.S. standards and employs about 450 people. It produces 3.4 million tons of coal annually.

The Wall Street Journal reported that the worker was killed in an underground incident involving a shuttle car. The mine is closed while state and federal authorities conduct a full investigation.

Peabody officials claim they have taken aggressive steps to improve safety at the mine, including an all-day training session to review safety practices among management, employees and federal mine-safety representatives.

Continue reading "Illinois work accident claims life of employee at troubled coal mine" »

A walkout staged by workers on the Eisenhower Expressway led to headaches for motorists over the Fourth of July weekend, as drivers were left to deal with half-paved roads and unfinished upgrades, the Chicago Tribune reported.

Such work stoppages can also increase the risk of a Chicago work injury as workers return to even tighter deadlines and demanding bosses. Millions in bonuses are frequently on the line in large scale construction projects for work completed early or on time. And companies can face millions in fines if a job falls behind schedule.

Health care is reportedly the main issue between the companies and the Chicago Laborers District Council and Local 150 of the International Union of Operating Engineers. As we all know, health care and its associated costs are a major issue in the workplace these days. In this instance, the union apparently felt a work stoppage was necessary to increase their leverage at the bargaining table.

Meanwhile, dozens of construction projects in the Chicago area are in limbo, including a 32-story building at Roosevelt University and a main roadway in Oak Park.

Some companies may also attempt to use a workers' absence against an employee who has filed an Illinois workers' compensation claim.

Construction workers who are injured on the job should always consult with a Chicago injury lawyer to protect their rights. Filing a claim and complying with reporting requirements is critical, even in cases where an employee does not believe he or she is seriously injured. Medical complications car arise months, or even years, after a work injury and failure to comply with reporting and other requirements can leave an employee unable to collect compensation for lost wages and medical expenses. An employee who suffers serious complications from an unreported work injury may also be unable to properly apply for and collect disability benefits in Illinois.

Continue reading "Striking works can face increased risk of Chicago work accidents when returning to the job" »

The Occupational Safety and Health Administration has announced a Severe Violators Enforcement Program directive that took effect on June 18. Announced in April, the program focuses on employers who continually disregard their legal obligations to protect workers.

Chicago work accidents frequently result when an employer fails to adequately provide for the safety and security of workers. Illinois workers' compensation benefits are available to any worker who is injured on the job. Workers may also be entitled to additional compensation if they are injured by faulty or defective equipment, dangerous working conditions, or because they lack the proper training and safety equipment. Contacting a Chicago work injury attorney is the best option to protect your rights.

The OSHA directive targets employers who repeatedly endanger workers. The directive establishes procedures and enforcement actions, including increased inspections. Inspections at other work sites a company operates may also fall under the guidelines if similar hazards or deficiencies are present. Employers may fall under the act if they have committed willful or repeated violations or failed to correct violations in one of more of the following circumstances:

-A fatal or catastrophic situation.

-In operations or processes that expose workers to severe occupational hazards.

-Environments that expose workers to highly hazardous chemicals.

-All egregious enforcement actions.

High emphasis hazards will be targeted and include fall hazards, amputations, combustible dust and other hazardous materials. Other areas of emphasis will include guarding floor and wall openings and holes; proper safety equipment for scaffolding; mobile ladders, stands and scaffolding; powered platforms for building maintenance; vehicle mounted elevating and rotating work platforms.

Continue reading "OSHA to target repeat violators in effort to reduce Illinois work accidents" »

A recent case decided by the U.S. Court of Appeals illustrates why an injured worker should always consult an experienced Chicago workers' compensation attorney when dealing with a work-accident or wrongful termination claim.

An employee of American Airlines suffered a Chicago work injury and was later fired for lying to a supervisor about his ability to drive -- the company conducted an independent investigation and caught him driving his personal vehicle. He then apparently attempted to represent himself in a wrongful termination suit and work injury claim, which he lost after failing to comply with a judge's instructions on repeated occasions.

In this case the defendant was hired by American Airlines at O'Hare International Airport in 2000; he injured his arm and shoulder while working as an aircraft fueler in 2007. He reported the injury to his supervisor, who completed the company's paperwork. On two subsequent occasions, his supervisor attempted to schedule a board of injury hearing to determine the cause of the work accident. On one occasion, the employee said he was restricted from driving by his doctor and on another occasion he reported having to pick up his son.

Ultimately, the employee's supervisor and union representative held the hearing over the phone. However, an undercover investigation by the company witnessed the employee out driving his car (contradicting the reason he gave for being unable to attend in person). He was fired for violating company rules against dishonesty.

A month later, the employee filed a claim for Illinois workers' compensation benefits and a lawsuit for wrongful termination.

In deciding whether the employee was wrongfully terminated as a result of filing a workers' compensation claim, the court looked at the three requirements for proving such cases: 1) that the defendant was an employee prior to injury; 2) that he exercised his rights under the Workers' Compensation Act; and 3) That is discharge was casually connected to filing a claim.

The only question in this case is whether the termination was adequately connected to the work-injury claim. The court ruled the company had just cause for firing the employee for being dishonest and upheld the lower court's ruling, which dismissed all of the employee's claims against the company.

Not only does this case illustrate why hiring a Chicago workers' compensation lawyer is critical to protecting your rights, it also underlines the fact that employers frequently check on claimants. Employees who are off work due to a work injury may be subjected to undercover surveillance or other tactics companies use to bolster their case. Your actions during a work injury case could end up being used against you in the courtroom.

Continue reading "Employers may conduct surveillance on workers claiming work injury" »

Peabody Energy said Tuesday that it welcomes a request by the U.S. Mine Safety and Health Administration for an expedited hearing regarding the safety of its Illinois mine. But it said the formal announcement by regulators was publicity-seeking and inflammatory. While few think of Illinois when it comes to the oil, gas and mining industry, the state is one of the nation's largest players in the natural resources industry.

Employees who are injured on the job or believe they are being forced to work amid dangerous conditions should contact an Illinois work injury attorney to discuss their rights.

Safety in the natural gas, crude oil and mining industry has been in the news recently because of several high-profile incidents, including the explosion of the Deepwater Horizon rig in the Gulf of Mexico, a rupturing natural gas pipeline in Houston and April's mining disaster in West Virginia, which claimed the lives of 29 miners.

Illinois has substantial mining and pipeline operations across the state. The U.S. Energy Information Administration reports 19 coal mines are operating in Illinois.

In fact, the two largest mining disasters to occur in the United States since 1940, both happened in Illinois. In 1947, an explosion at the Centralia No. 5 mine in Centralia, Illinois killed 111 employees. Four days before Christmas 1951, an explosion at the Orient No. 2 mine in West Frankfort, Illinois killed 119 miners. The third largest mining disaster in U.S. history occurred in 1909 in Cherry, Illinois when 259 miners died in a fire.

The safety of the Willow Lakes mine, an underground facility in Saline County, Illinois, has been in dispute for several years. The mine employs about 400 people and shipped about 3.7 million tons of coal to utility customers in 2008. The government has fined the company $230,000 and cited it in both 2008 and 2009 for safety violations, including failure to do enough to protect against roof collapse and not preventing excessive combustible materials in the workplace.

The Bureau of Labor Statistics classifies the entire oil and gas industry as mining and reports that 2,320 injury cases and 174 fatalities occurred in 2008. The three most frequent causes of serious mining accidents were transportation accidents (41 percent), struck by object or equipment (25 percent) and fires and explosions (15 percent).

Illinois also processes about 1 million barrels of oil per day and has one of the 10 largest oil refineries in the United States: The Wood River Refinery processes 306.000 barrels of oil per day. Other Illinois oil refineries include the Exxon Mobile refinery in Joliet, which processes 238,600 barrels of oil per day; the Robinson refinery handles 204,000 barrels per day; and a refinery in Lemont processes 167,000 barrels per day.

Continue reading "Mining and refinery accidents can lead to Illinois work injuries" »

A Cahokia man has filed a lawsuit seeking more than $100,000 in damages after alleging he was fired for filing an Illinois workers' compensation claim.

The St. Clair Record reports the man began working for Allied Services in August 2008 and was fired on Nov. 12. The employee claims in a lawsuit that he was terminated after filing a workers' compensation claim as the result of an Illinois work accident suffered on Sept. 4. The man reported the accident, received medical treatment, filed a workers' compensation claim, took time off work and received benefits before being fired.

The lawsuit was filed in St. Clair County Circuit Court on May 24.

"The Plaintiff was terminated from his employment with the Defendant in retaliation for exercising his rights under the Illinois Workers' Compensation Act when he was terminated under the pretext of leaving work without notification and a reduction in the work force but was actually terminated due to his exercise of rights under the Illinois Workers' Compensation Act since the absences were due to his work related injury," the lawsuit states.

The employee said the termination cost him substantial lost wages, the loss of his medical and dental insurance, his accrued sick and vacation time, seniority and his 401(k) and pension benefits.

The current economic environment has employers on an unprecedented drive to seek cost savings and reductions in work force whenever possible. The U.S. Bureau of Labor Statistics reports employee productivity increased 2.8 percent in the first quarter of 2010 while per-unit labor costs declined by 1.3 percent. Productivity has shot up more than 6 percent in the last year, the largest increase in nearly a decade. Meanwhile, the unemployment rate in April increased in 291 or the nation's 372 largest metropolitan areas.

From a practical standpoint, employees are afraid to lose their jobs, and in some cases such fear can make them hesitant to report a work injury. Meanwhile, employers continue to squeeze more work from fewer employees, leading to a greater risk of a work accident. Additionally, the current downsizing trend too frequently masks an employer's decision to shed workers who have been injured or are costing a company money through workers' compensation benefits.

Continue reading "Employers may hide behind downsizing when improperly firing employees who suffer a Chicago work accident " »