Chicago Workers' Compensation Attorney Blog

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is looking for help on how to prevent hearing loss in the workplace. Their recent press release announced the meeting will take place at the Frances Perkins Building in Washington, D.C., from 9 a.m. to 1 p.m. on Nov. 3.

Our Chicago workers' compensation lawyers know that about 30 million people in the U.S. have jobs working in extreme noise levels, and tens of thousands of them suffer from preventable hearing loss. There are a number of things that your employer can do to protect you from loss of hearing. You may want to consult with an experienced injury lawyer to learn how to protect your rights at work.

Earlier this year we posted to our Chicago Workers' Compensation Attorney Blog regarding OSHA backing out of its proposal to clarify the term "feasible administrative or engineering controls" related to OSHA's noise standard. The reason OSHA stopped work on the proposal was to start work on a plan to prevent occupational hearing loss. Part of this plan was to have a meeting with noise-control experts, workers, employers and public health professionals to get their opinions on the subject. At this meeting issues to be discussed include:

-Best practices for hearing conservation programs.

-Concerns with using personal protective equipment for noise control.

-Best practices for using feasible engineering controls.

-What companies have effective noise control programs and what elements make them successful.

The damaging effects of exposure to dangerous noise levels are cumulative and usually don't appear for many years. Becoming desensitized to a noisy workplace is very common. So workers don't worry about it and don't take steps necessary to protect themselves from its potential life-changing effects. Research is clear that prolonged exposure to excessive noise can lead to irreversible hearing loss. This isn't the only medical concern. A study of rock 'n roll performers found a number of noise-related disorders such as severe tension headaches, mild psychiatric disorders, constricted blood vessels and damage to the nervous system.

Here are a few steps for effective noise management in the workplace:

-Listen to your workers, take their noise complaints seriously.

-Perform your own decibel audit and take action on the results.

-Follow-up on all OSHA recommendations as they relate to excessive noise levels.

-Train your workers about the potential dangers of excessive noise.

-Make hearing tests part of employees' physical exams.

-If possible rotate workers who are in noisy areas.

-When possible shut down noisy equipment and machinery for short periods of time to give workers some relief.

-Rearrange offices and work areas so they are far away from excessive noise.

-Install noise-reduction devices as needed.

-Replace or upgrade old equipment with quieter, newer models.

Continue reading "Noise Levels at Illinois Work Sites Can Have Lasting Effects on Hearing Loss, Deafness" »

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited G.A. Rich & Sons of Deer Creek, Illinois, for not protecting trench workers, according to a recent press release . Proposed fines of $59,290 were issued for one repeat safety violation and one serious violation. The inspection took place at the site in Lexington, Illinois, where new water and sewer lines were being installed.

Our Chicago workers' compensation lawyers understand that this inspection was done as part of OSHA's Trenching and Excavation National Emphasis Program. This program allows inspectors to evaluate trenching operations at anytime and anywhere.

An OSHA area director stated that cave-ins are a leading cause of death among construction workers, and all employers should make safety a priority at all work sites.

The repeat violation was the one that produced the most costly proposed penalty of $53,900. Back in 2006, the company was doing work in Germantown Hills, Illinois. At that job site they were cited and fined for not providing cave-in protection. A repeat violation is issued if a company was fined previously for the same violation. In this case, the work site in Lexington was observed having workers in a trench that was seven-feet deep. Cave-in protection is required by OSHA standards for any trench five feet or greater in depth. OSHA standards also state that nothing should be within two feet of any trench edges. The Lexington site was observed to have excavated material at the edge of the trench resulting in a proposed penalty of $5,390 for a serious violation.

Perhaps this employer should have reviewed the recently released guidance documents, Trenching and Excavation, Working Safely in Trenches and Do Not Enter an Unprotected Trench from OSHA for safely working in and around trenches. This educational material delivers the message that working in an unprotected trench is a ticket to an early grave. It gives the statistic that at least 200 workers have died and hundreds more have been injured by trench accidents since 2003. The material emphasizes that one worker dies every two weeks from being buried alive or crushed to death in a trench collapse. The materials include the "Do Not Enter an Unprotected Trench" poster that illustrates a 3-foot by 3-foot by 3-foot pile of dirt can weigh more than 2,000 pounds. Add water to that pile of dirt and the weight can exceed 3000 pounds.

The basic rules of working in and around trenches seem pretty clear. Assuming most construction workers are over 5 feet tall, if you are working in a trench and you can't see over the edge you need a cave-in protection system. A trench needs to have an easy method of getting in and getting out, like a ramp or ladder. Material that comes out of the trench should not be put near the edge so that it falls back in.

OSHA's website can provide further information on excavation and trenching hazards.

Continue reading "Illinois Plumbing Company Fined $59,290 for Failing to Protect Trench Workers from Cave-In Accidents at Work" »

Our Chicago work accident attorneys continue to review the U.S. Bureau of Labor Statistics 2010 preliminary fatal workplace injury report because we want workers to have detailed information about the most dangerous work environments.

As Chicago workers' compensation lawyers, we are always interested in seeing the industries that are the most deadly and what kinds of workers are at the greatest risk of a fatal workplace injury. We know that tragically 4,547 workers (and the numbers could rise upon more research) lost their lives in 2010 due to an on the job fatal injury.

Fatal workplace injuries by industry sector:

Disasters at the Upper Big Branch mine and at the Deepwater Horizon oil rig claimed the lives of 40 workers. So, it is no surprise that mining deaths in the private sector rose 74 percent in 2010. All areas of mining saw large increases including 71 percent in mining support activities and 110 percent in other than gas and oil mining activities.

There was a 10 percent decrease in fatalities in the construction sector (private industry). Since 2006, construction deaths have dropped 40 percent but it could be due to the economy since work hours have decreased steadily since 2008. Though the number of deaths was down, the construction industry leads the way in fatal workplace injuries.

There was little change in the number of deaths in the service-providing industries of warehousing and transportation. But fatalities in truck transportation, which is a subgroup of the warehousing and transportation sector, rose 2 percent helped by a 17 percent rise in freight trucking incidents. Water transportation deaths were down but rail and air transportation saw a rise.

A 16 percent decrease was seen in the business and professional services group helped by 38 fewer deaths in landscape services in 2010. Interestingly, health and educational groups showed a 13 percent increase from 2009 to 2010. Government worker deaths rose by 3 percent from 2009 due to 32 more police department workers dying in 2010 compared to 2009. There was a 21 percent drop in federal government worker deaths in 2010 but local government workers saw a slight increase.

What types of workers were suffering fatal work injuries in 2010?

White workers (non-Hispanic) deaths were up 2 percent in 2010, but African-American or black (non-Hispanic), Latino and Hispanic workers fatalities all dropped. The biggest decrease was with African-American or non-Hispanic black workers, who had 9 percent fewer deaths in 2010. This follows after a decrease of 21 percent reported in 2009.

Fatal injuries in this group have dropped by 37 percent since 2007. Among Latino and Hispanic workers, deaths declined by 4 percent in 2010, to their lowest totals since 1997. There were 682 fatal work injuries among Latino or Hispanic workers, 63 percent were foreign-born workers and workers born in Mexico had the most deaths with 38 percent.

Total hours worked was down by almost 2 percent for self-employed workers but rose for salary and wage workers. Self-employed workers suffered the fewest deaths since 1992 with a 6 percent decrease between 2009 and 2010, though salary and wage workers had a 2 percent increase. Fatal injuries to men dropped 1 percent in 2010 but rose for women by 6 percent. Worker fatalities rose in age groups 55 years and older, those under 18 and 25 to 34-year-olds, while lower totals were shown in all other age categories.

Continue reading "Complex Work Injury Cases in Illinois Require Experienced Chicago Workers' Compensation Law Firm" »

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

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

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

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

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

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

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

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

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

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

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

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

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

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) launched an investigation after an accident last year at the Honeywell International plant in Metropolis, Illinois that may cost the company $119,000 in proposed fines.

Our Chicago workers' compensation lawyers are aware of the release of hydrogen fluoride vapor from the Honeywell processing plant. This could have been a catastrophic event for the workers of the plant.

OSHA issued 17 serious safety violations to the company for process safety management violations following the December 2010 release of hydrogen fluoride vapor at its Metropolis processing plant. The company's internal response team prevented this from becoming a huge disaster that resulted in no injuries.

"Honeywell International has a responsibility to properly train its employees, and to strictly adhere to safety procedures and processes in all facilities," said Tom Bielema, OSHA's area director in Peoria. "OSHA is committed to ensuring that all workers are provided a safe and healthful workplace."

Honeywell International employs about 560 workers at the Metropolis facility that processes raw/mine-extracted uranium into uranium hexafluoride. Nuclear power generation processes uses the uranium hexafluoride. The following are the serious violations from hazards that could have caused death or serious physical harm to workers that Honeywell International knew or should have known about.

-Permitting cylinders to be exposed to physical damage.
-Field verifications were inaccurate on tanks and valves.
-Using non-compliant equipment.
-Not having clear written operating instructions regarding unloading processes of hydrogen fluoride into storage tanks and switching storage tanks.
-Failing to deal with the human factors regarding remote operating valves on the hydrogen fluoride storage tanks.
-Lacking to resolve and document issues addressed by the process hazard analysis team.
-Failing to establish written protocols to maintain the integrity of process equipment.
-Failing to apply written emergency operating protocols for emptying hydrogen fluoride tanks.
-Failing to execute appropriate inspections and checks to make sure equipment was properly installed.
-Failing to implement and establish written protocols to manage changes to process chemicals, procedures and equipment.

Honeywell International was also cited for a poor incident report that didn't include factors causing the vapor release and the suggestions resulting from the internal investigation.

Serious lung damage can result from inhaling hydrogen fluoride vapors. Fatal pulmonary edema (fluid in the lungs) can be a delayed reaction not apparent for hours after the initial exposure. OSHA limits airborne concentrations of hydrogen fluoride to workers to an average of 3 parts per million over an 8-hour work day. Irritation to the eyes, skin, and respiratory tract can occur with airborne concentrations of 10 to 15 parts per million.

Concentrations of 30 parts per million is extremely dangerous to life and health and could have irreversible health effects. A brief exposure to airborne concentrations above 50 parts per million is usually fatal.

Continue reading "Honeywell International Cited for Exposing Chicago Workers to Hydrogen Fluoride Vapor in Metropolis Plant" »

A law judge with the Occupational Safety and Health Review Commission in Denver has confirmed a safety citation given to Caterpillar Logistics Services, a Peoria-based company, by the U.S. Department of Labor's Occupational Safety and Health Administration in 2009. The company was assessed a proposed fine of $900 for failing to document a worker's musculoskeletal disorder on the company's OSHA 300 log, according to an OSHA press release.

Our Illinois workers' compensation lawyers know there are several types of musculoskeletal disorders suffered by workers, including carpal tunnel, tendonitis, trigger finger, thoracic outlet disease and carpet layers knee.

"Musculoskeletal disorders are very prevalent and are significant workplace injuries and illnesses," said Assistant Secretary of Labor for OSHA Dr. David Michaels, who praised the decision. "It is imperative that these types of work-related illnesses are logged appropriately so workers and managers are made aware of them as well as their causes, and so that we can all learn how to better protect workers. By working together, OSHA, along with business leaders, union representatives and workers can improve conditions and processes to prevent injuries and illnesses for all our nation's workers."

After an OSHA investigation, the citation was given because the company had not recorded a work-related musculoskeletal illness, epicondylitis -- also known as tennis elbow -- on the company's OSHA 300 log. Caterpillar Logistics Services challenged that the employee's tennis elbow was not work-related.

OSHA just recently reopened the public record on a suggested rule to revise its work-related illness and injury reporting forms to contain musculoskeletal disorders. The May 17 Federal Register had the notice of reopening. The proposed rule, published in January 2010, would reinstate a column to the OSHA 300 log, which has a box that employers would check off if a prior reported work-related injury or illness was a musculoskeletal disorder.

The proposed rule would identify a musculoskeletal disorder, for recor-keeping purposes only, as a condition of the muscles, nerves, joints, tendons, ligaments, cartilage or spinal discs that wasn't caused by a trip, fall, slip, motor vehicle accident or similar accident.

The judge in the Caterpillar Logistics Services case noted that to be recordable, "an employee's work activities do not have to be the cause, but rather a cause of injury or illness," and it was determined that the preponderance of evidence indicated the employee's work activities were a contributing, if not the only, cause of the employee's epicondylitis.

OSHRC was created to decide challenges of citations and/or penalties from inspections by OSHA. Employers that are cited by OSHA for a suspected workplace health or safety violation can challenge the citation and have the case heard by a law judge, who in the end issues a decision.

How to prevent musculoskeletal disorder at work:

-Bend at the knees and stand up slowly when lifting.

-Keep your body in a stable and comfortable position to help ease back pains.

-Never lift anything above your head. If you have to stretch, use a ladder.

-Give your wrists frequent breaks when typing on a computer.

-Extreme cold makes muscles stiff and tight. Take breaks and let your body and muscles warm up to reduce strains.

Continue reading "Musculoskeletal Disorders a Common Danger in Chicago Workplace" »

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

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

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

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

If you must work outside:

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

Signs and Symptoms of heat exhaustion include:

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

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

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

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

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

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

Two men are lucky to be alive after a crane toppled over, reports the Chicago Tribune.

Our Chicago workers' compensation attorneys know that construction remains the deadliest occupation in Illinois. Of the 158 work place fatalities in 2009, 27 were in construction.

The two construction workers were on a South Side bridge project when a lift-crane toppled over, hitting one of them. The accident happened on the 9900 block of South Genoa Avenue in the Washington Heights neighborhood around 10 a.m. As the crane fell over, it hit the upper body of a 59-year-old worker but thankfully he was not crushed. He was taken to Advocate Christ Hospital in Oak Lawn and though his injuries were serious they did not appear to be life threatening. The operator of the crane was also injured and was taken to Little Company of Mary Hospital in Evergreen Park and was reported to be in good condition. Law enforcement launched an investigation to determine what caused the accident.

Common causes of crane accidents:

-Cranes tip over or collapse because the ground beneath them is uneven or unstable or the load is above the crane’s capacity.

-Contacting power lines is the leading cause of crane accidents. If any part of the crane hits a live power line the electrocution of the crane operator, as well as any other workers in the area can occur.

-Crane assembly and disassembly needs be done according to the manufacturer’s instructions. After assembly tests should be done to determine the stability of the crane to avoid an accident.

-A crane boom collapse happens when it is extended beyond the manufacturer’s instructions. Over extension can lessen the crane’s capacity to carry loads, and can cause tremendous stress the mechanical, structural and hydraulic components of the crane.

Tips to prevent crane accidents:

-Properly train crane operators and those working around cranes.
-Cranes should have regular maintenance to prevent part failures.
-Crane loads need to be properly rigged to avoid workers being crushed.
-Never overload a crane, know the cranes load capacity.
-Make sure the crane assembly and disassembly is done properly and performed on level ground.

Continue reading "Two Illinois workers injured when crane topples on Chicago's South Side" »

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

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

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

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

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

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

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

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

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" »

Work or occupational hearing loss is covered by workers compensation. Its possible you can lose your hearing due to an injury to the brain or to the ear. In addition to noise level, exposure to certain types of chemicals like lead, mercury or arsenic can affect your hearing. However the most common cause of occupational hearing loss is acoustic trauma; which is vibration or noise that damages the inner ear.

Chicago work injuries like hearing loss can be detrimental and life changing not only now but even after retirement. If you feel you have been severely injured you should seek professional help.

Damage to the inner is caused by prolonged sounds above 90 decibels (dB measures the strength of a sounds vibration). In fact, Dangerous Decibels lists some common decibel levels to give us a comparison in our daily routines:

-Normal speech 50-65 dB.

-Quiet office 50-60 dB.

-Vacuum cleaner or hair dryer 70 dB.

-Diesel truck 84 dB.

-Lawnmower 85-90 dB.

-Snowmobile 105 dB.

-Rock Concert 110-140 dB.

Occupations with higher decibel levels that may require hearing tests annually are jobs like: driving a garbage truck, factory worker, police officer, firefighter, bartenders, landscapers, hairstylist, or mechanics to name a few. Construction workers are at a really high risk as most of their tools and machinery measure above 90 dB.

The Occupational Safety & Health Administration reports that each year 30 million people suffer from high noise levels in the workplace. As a result programs have been developed to help provide hearing protection. It's complicated but employers are required by law to provide occupational safety and a controlled environment to its employees in the workplace.

There are steps you can take to reduce or prevent hearing loss. If you job requires you being exposed to loud noise, you need to protect your ears from loud noises with earmuffs, ear plugs or canal caps. The idea is to find what feels comfortable for you to wear, so you use them all the time. Hearing loss is a serious medical condition so do your part to prevent it. But if serious injury has occurred you should take it to the next level and seek advice.

The Occupational Safety & Health Administration is making changes to its workplace safety regulations regarding noise. The government safety organization is taking comment until early next year, when new rules are expected to be announced.

Continue reading "Noise in workplace leaves Chicago workers at risk of hearing-loss injuries" »

The Occupational Safety & Health Administration has cited GSI Group, LLC for a fatal work accident in Newton, Illinois.

A Chicago workers' compensation lawyer and wrongful death attorney should be consulted when a loved one is tragically killed on the job. In some cases, a wrongful death claim may be filed seeking damages from an entity other than the employer. This may include a subcontractor, a property owner, or the manufacturer of the machine or equipment involved in the fatal accident.

GSI Group LLC, of Assumption, Illinois, was cited after a worker was killed June 7 while operating a laser cutting machine at the company's Newton facility. The company, which makes grain dryer equipment, has been issued one willful and two serious safety violations for failing to have machine guarding in place.

"GSI could have avoided this tragedy had it been following the required OSHA safety standard," said OSHA Area Director Thomas Bielema in Peoria, Ill. "A worker should never lose his or her life because an employer fails to follow safety regulations. OSHA is committed to protecting employees in the workplace."

The worker was struck within the "point of operation" zone of the machine and OSHA's investigation found that the proper safety guards were not in place. A willful violation means one that is committed with intentional, knowing or voluntary disregard for the law, or plain indifference to employee safety and health.

The GSI Group also received two serious violations for not using lockout/tagout procedures and for failing to properly close an electrical box opening.

The Newton facility has 215 employees. GSI has factories in Assumption, Newton, Paris and Flora, Illinois. The company has been inspected 17 times since 1976 and has previously been cited for electrical hazards, machine guarding hazards and lockout violations.

Continue reading "Newton, Illinois company cited for fatal work accident " »

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" »

Our Chicago workers' compensation lawyers will be closely watching the actions of politicians in Springfield this legislative session as workers' compensation reform hits the agenda. Just as the medical profession screams about the cost of medical malpractice lawsuits, so do businesses bemoan the cost of workers' compensation insurance.

And just as medical malpractice lawsuits have been shown to constitute only about 5 percent of the overall cost of health care (or less than one year's increase) in a system that kills 98,000 people a year through medical negligence, so too is the subject of workers' compensation premiums an overblown issue championed by big business at the cost of injured workers.

In both cases, it will be the Illinois trial lawyers who stand for the voiceless.

Both Democratic and Republican leaders at the Statehouse have announced a bipartisan panel to study the issue, as well as possible cuts to Medicaid. The panel is slated to begin the new year with its report on Jan. 3, in time for possible action by lame-duck lawmakers before the incoming legislatures take their seats as a result of the November election.

While business points to studies that show Illinois workers' compensation claims are high compared to some other states, the Insurance Journal reports cost increases have slowed to just 5 percent a year thanks to reforms passed in 2006.

The studies also show that Illinois workers are among the most likely to miss at least a week of work as a result of a Chicago work accident or on-the-job injury elsewhere in Illinois. This could be improved by better workplace safety initiatives instituted by employers.

And, while Illinois had a higher instance of attorney involvement, the study found cases in which an attorney was retained typically resulted in a more routine claims process. And the average payment to attorneys, $2,883, was one-third lower than the median amount in the 15 states studied.

Continue reading "Chicago work injury lawyers monitoring moves by lawmakers to "reform" Illinois workers' compensation laws" »

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" »

According to the 2009 Illinois Workers’ Compensation Commission annual report, roughly 200,000 work-related accidents involving Illinois workers are reported each year. Thankfully, most workers injured on the job do not lose time from work, nor do they experience lasting health effects from their accident.

For little more than a quarter of Illinois workers, however, or about 55,500 statewide and nearly 22,000 in the Chicago region alone, injuries were severe enough for them to file a workers’ compensation claim. If you or someone you know has been injured or killed in a Chicago work-related accident, contacting our Chicago workers’ compensation attorneys is a good first step to understanding your rights.

Other times, a personal injury or wrongful death lawsuit should be filed, either in conjunction with a work accident claim or as a stand-alone case.

The Chicago Sun-Times reported last week that 71 former Motorola employees and their families have filed a lawsuit in Cook County Circuit Court against the company, claiming that Motorola knew that chemicals used in sterile “clean rooms” were toxic and could cause birth defects in children born to the exposed.

The suit alleges that at least 30 children born to workers employed by the company between 1965-2007 demonstrate serious birth defects ranging from brain malformations to spina bifida to cerebral palsy and include other skeletal, physical and developmental defects.

Motorola declined to comment, citing pending litigation.

An investigation by CBS-5 revealed the chemical in question is called Ethylene Glycol Ether, a commonly used substance by a host of chip manufacturing companies through the 1990s.

The lawsuit further alleges that Motorola should have known about the potentially harmful reproductive effects upon the exposed after a 1986 John Hopkins University study. That study the effect of workplace exposure to certain chemicals and solvents including Glycol Ether.

Continue reading "Chicago region leads State by wide margin in workers’ compensation claims" »

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" »

Last Sunday, the Chicago Tribune published an article about a man who found himself facing bankruptcy because of an insurance company’s interpretation of the Illinois Workers’ Compensation Act. According to the article, the man was severely injured in a work-related accident that occurred on the farm that he rented. His medical bills ultimately rose above $87,000.

The man did have health insurance through a second job, which was in manufacturing. However, his insurance company claimed that his plan did not cover injuries suffered while at work (as long as that work was for profit). The insurance company suggested that the man should file a claim for workers’ compensation benefits.

In fact, most injuries suffered as part of farm-related work are not covered under the Illinois Workers’ Compensation Act. According to the Tribune article, after the Department of Insurance opened an investigation into the denial of coverage for the man’s injuries, and after the Department’s Director stated in an email that the company’s assertions about workers’ compensation coverage were incorrect, the insurance company did begin to pay the worker’s medical bills.

People who suffer work-related injuries in Illinois and are not sure whether or not they qualify for workers’ compensation benefits should consult with an experienced Illinois workers’ compensation attorney. The Illinois Workers Compensation Commission website (though somewhat difficult to navigate) also offers a lot of useful information, including answers to several lists of Frequently Asked Questions.

Continue reading "Illinois Man Improperly Instructed to File Workers’ Compensation Claim" »

In an important opinion issued earlier this year, the Illinois Supreme Court filled in a crack that had begun to develop in the foundation of Illinois’ workers’ compensation system. The case involved a carpenter who suffered work-related injuries while employed by Interstate Scaffolding, Inc. The injured employee returned to work soon after; however, for nearly two years after the injury, he continued to suffer pain and numbness, and continued in turn to undergo various diagnostic tests and treatments. He was ordered by doctors to stop working from some time, and then allowed to return under “light duty” conditions. Throughout this period, he received either total temporary disability payments or maintenance benefits (for the periods when he was working in a light duty position).

Nearly two years after suffering the injury, the employee was fired, allegedly for writing graffiti on the shelves of a storage room at work. At that point, the worker’s medical condition had not stabilized, and he had not reached the maximum level of medical improvement (the point at which, under Illinois law, he would have stopped receiving disability payments). Still, his employer stopped paying the workers’ compensation benefits, claiming that a worker who voluntarily commits an action that leads to his dismissal is not entitled to workers’ compensation payments beyond the date of the dismissal. A lower court agreed.

However, the Illinois Supreme Court focused on the fact that the “fundamental purpose” of the Illinois Workers’ Compensation Act is to protect workers financially until they are able to return to work. According to the Act, as interpreted by the Court, an injured employee may lose his or her right to workers’ compensation benefits if he or she refuses to undergo necessary medical treatment, or fails to cooperate with rehabilitation or vocational placement efforts—but does not lose those rights simply by getting fired (whether for good cause or not) while still needing and receiving medical treatment for a work-related injury.

Continue reading "Illinois Workers’ Compensation Benefits Don’t End Automatically When an Employee is Discharged" »

According to the Illinois Workers’ Compensation Commission Annual Report for fiscal year 2008 (the most recent one available), each year, workers suffer approximately 250,000 work-related injuries in Illinois. Of those, approximately 60,000 lead to claims filed with the Commission.

The Commission holds hearings at a number of sites throughout the state, and cases are filed in the hearing site closest to the location where the injury occurred. In 2008, 22,818 claims were filed at the Chicago site.

Of the number of cases that reached a resolution in 2008, 87% ended through settlements, rather than contested hearings. An additional 9% of the cases were dismissed.

According to the same report, in 83% of the cases in which a worker filed an application with the Commission, the worker was represented by an attorney. However, cases may also settle without an application ever being filed; in such cases, the settlement contract (which still has to be filed with the Commission) is called an “original settlement.” In 2008, in 95% of the cases in which the parties reached “original settlements” (settlements reached before a claim was ever filed), the injured workers involved had not been represented by an attorney.

It is important for a claimant to know that, if an injured worker’s condition changes within 30-60 months of a decision or settlement reached in his or her workers’ compensation case, either the worker or the employee may return to the Commission and ask for a modification of the decision or agreement reached earlier. However, in 2008 only 118 cases involved such post-award petitions, and only 25% of the requested modifications were approved.

Continue reading "Illinois Workers’ Compensation Claims and Settlements" »

A recent article in Risk & Insurance Magazine details a 2008 study by the Worker’s Compensation Research Institute, which showed that workers injured on the job in Illinois were more likely to receive a lump-sum payment than workers who suffered similar injuries in other states.

Another interesting finding was that, when compared to other states, Illinois had a higher rate of attorney involvement on the defense side—in other words, attorneys seeking to defend employers and insurance companies against workers’ compensation claims. The study showed that once defense attorneys became involved in a case, the course of the case through the Illinois workers’ compensation dispute resolution process became more “routine”—and the payment per claim in such cases was substantially lower than in similar cases in other states.

If you are considering filing a workers’ compensation claim in Illinois, or if you’ve already begun the claim process and a defense attorney has become involved in the case, you owe it to yourself to consult and possibly hire an experienced workers’ compensation attorney to represent you. Such an attorney would understand the workers’ compensation rules, know the outcomes of cases that may be similar to yours, and provide the negotiation and argumentation skills required in this process. For example, a lump-sum payment may not be the best option in your particular situation; if you are not sure about the relative advantages and disadvantages of lump-sum payments as compared to structured settlements, you should discuss that issue with a workers’ compensation attorney.

Most workers’ compensation claims end in a settlement, rather than in contested hearings; the real question is how to reach a settlement that will truly reflect the extent of your injuries, and cover all your medical bills.

Continue reading "Conclusions from Recent Study about Illinois Workers’ Compensation Claims" »

In order to receive Workers’ Compensation benefits in Illinois, a worker who was injured while
on the job or as a result of job-related conditions has the burden of proving:

1. That the employer at issue fell under the jurisdiction (i.e. the enforcement power) of the Illinois Workers’ Compensation Act or Occupational Diseases Act;


2. That the injured person and the company that hired him or her had an employer-employee relationship (as opposed to the worker being an independent contractor) at the time of the accident;


3. That the worker did suffer injuries in the course of employment, or did contract an occupational disease as a result of employment-related conditions;


4. That the employment conditions were responsible for causing or aggravating the injury or illness; and


5. That the worker gave the employer notice of the accident or illness within a certain period of time specified by Illinois law.

However, even if the worker proves the elements above, an employer may dispute other related issues, such as the seriousness of the injuries or disabilities involved, the worker’s wages (which determine, in part, the amount of disability payments that may be
approved), the type and cost of medical treatments that the worker pursued or wants to pursue, and more.

Continue reading "Illinois Workers’ Compensation Claims: Elements that an Employee Must Prove" »