Chicago Workers' Compensation Attorney Blog

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Enforcement Guidance for Personal Protective Equipment in General Industry, will replace the outdated directive (June 1995), Inspection Guidelines for 29 CFR 1910 Subpart I, the revised Personal Protective Equipment Standards for General Industry.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

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" »