Articles Posted in Work Injuries

A 57-year-old tractor-trailer driver died recently after he was unexpectedly pinned between the door of his truck and a post in Bensenville. The man was reportedly performing a pre-work safety check on the semi he was assigned to drive while in a loading area at Vitran Express when he became pinned. According to the Cook County Medical Examiner’s Office, the Suburban Worth man was pronounced dead at Alexian Brothers Medical Center in Elk Grove Village as a result of the injuries he sustained in the workplace accident.

The exact cause of the tragic accident is currently under investigation by officials from the nation’s Occupational Safety and Health Administration (OSHA). A spokesperson for OSHA, Scott Allen, stated it is too early to tell what caused the worker’s unfortunate death. He added that the agency is currently attempting to ascertain whether the decedent’s employer failed to follow any federal safety regulations in connection with the incident.

Serious workplace accidents are generally investigated by OSHA. The Occupational Safety and Health Act of 1970 created the agency in an effort to decrease serious worker injuries and death. The Act requires all employers to comply with a number of safety-related requirements and to provide employees with safety training. In addition, employers must furnish a working environment that is reasonably free of safety hazards. When an employer fails to adhere to the requirements of the Act, OSHA may issue various levels of violations. An employer who places workers at risk may also incur fines and be required to remediate any safety hazards discovered by the agency.

While most workplace accidents in Illinois are subject to state Workers’ Compensation laws, a worker who is hurt or killed due to the actions of a third party such as a big rig manufacturer may be entitled to additional compensation. Additionally, an employee who was hurt in an accident at an Illinois workplace is authorized to receive the costs associated with any required medical treatment, disability pay, and compensation for any injury that resulted. If you were hurt in an accident at work, you should contact a skilled personal injury lawyer to discuss your options for recovery.
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An Army National Guard veteran filed a lawsuit against the management company that runs McCormick Place and others after he almost lost a foot as a result of an alleged forklift accident. The 30-year-old veteran claims he was working in McCormick Place following a large machine trade show when he was unexpectedly knocked to the ground by a forklift. Before he could move, the forklift reportedly ran over his left foot. As a result of the September incident, the veteran allegedly underwent four surgeries in an effort to save the foot. Doctors were reportedly required to remove the man’s left heel and he will likely require additional surgery before he can walk again.

In his lawsuit, the injured man claims the facility failed to provide sufficient safety controls and adequate staffing levels for the exhibition teardown. According to the veteran, the forklift that struck him had no safety spotter. He stated this was unacceptable due to the speed at which the teardown process occurs. In addition, his lawsuit reportedly questions whether state-mandated work-rule changes that allow McCormick Place to use smaller labor crews in an effort to cut exhibitor costs and make the venue more attractive to trade shows compromised the safety of vendors and others. The changes purportedly took effect in fall 2011 and mandated the use of smaller teardown crews.

According to the Metropolitan Pier and Exposition Authority, the agency that owns McCormick Place, safety is a high priority at the venue. Still, the nation’s Occupational Safety and Health Administration (OSHA) is currently investigating the injury accident. In his complaint, the veteran alleged that he was injured as a result of negligence and asked for at least $350,000 in damages. The injured man stated his number one goal in filing the lawsuit, however, is to encourage better safety at the facility.

Normally, all serious workplace accidents are investigated by OSHA. Although most workplace accidents in Illinois are subject to state Workers’ Compensation laws, an injured worker or the family of someone who died as a result of the actions of a third party may be entitled to recover additional financial compensation for their damages. Regardless of the cause, an employee who was injured in an accident at work in Illinois is authorized to receive the costs related to any required medical treatment, disability pay, and compensation for any wounds that resulted. If you were hurt in a workplace accident, you are advised to contact a qualified personal injury lawyer to discuss your options for recovery.
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In late November, a 37-year-old cleaning contractor died after he fell into a 50-foot chemical tank in Wheeling. The Phoenix Industrial Cleaning foreman reportedly fell and landed on his head while cleaning a 6,000 gallon tank at Sunnyside Corporation. The Cook County Medical Examiner’s Office stated the Cicero man died from a combination of blunt force trauma and exposure to the chemical methylene chloride. The toxic chemical is typically used to strip paint, clean metal, and in certain industrial manufacturing processes. It is currently unclear whether the cleaning contractor was overcome by chemical fumes prior to his fall.

According to the Wheeling Fire Chief, Keith MacIsaac, emergency responders arrived at the company to find the cleaning contractor at the bottom of the chemical tank. MacIsaac said although the man was not wearing a safety mask, one was located nearby inside the tank. He also added that the chemicals kept in the tank create an environment that is oxygen-deficient and would pose an immediate health danger to anyone who enters. Rescue crews who responded to the tragedy were purportedly required to undergo decontamination measures due to possible chemical exposure.

The nation’s Occupational Safety and Health Administration (OSHA) reportedly investigated the fatal incident. OSHA was created by the Occupational Safety and Health Act of 1970 and is tasked with investigating whether employers complied with federal health and safety regulations following any serious workplace accident that occurs in the United States.

Although workplace accidents such as this one are normally subject to state Workers’ Compensation laws, an injured employee or the family of someone who was killed as a result of the actions of a third party may be entitled to recover additional compensation for their harm. Regardless of who is at fault, a worker who is injured in Illinois is entitled to receive disability pay, the costs associated with his or her medical treatment, and compensation for any injuries that resulted from an accident at work. A skilled personal injury attorney can help you file your claim.
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The family of a temporary worker who died in December 2011 after he was sprayed with a citric acid solution at a factory in Bedford Park has filed a wrongful death lawsuit against the owner of the factory. The man was allegedly burned when a hot chemical solution exploded from a tank he was cleaning at the Raani Corporation. The temporary worker was reportedly burned on approximately 80 percent of his body. He allegedly died as a result of his burn injuries three weeks after the industrial accident.

According to a lawsuit filed by the man’s relatives in Cook County Circuit Court, company managers refused to summon emergency rescue crews to the scene of the deadly workplace accident. The Raani Corporation is also accused of neglecting to wash the worker in a company safety shower and refusing to send the worker to the hospital. The lawsuit alleges the deceased man did not receive medical treatment until he was taken to an occupational health clinic by a co-worker more than half an hour after he was burned.

Because the Raani Corporation allegedly failed to report the worker’s death to the U.S. Department of Labor’s Occupational Health and Safety Administration (OSHA), the organization began an investigation into the industrial accident following a referral from the Cook County Medical Examiner’s Office. OSHA was established by the Occupational Safety and Health Act of 1970. Under the Act, employers in the United States are required to comply with federal health and safety laws and regulations designed to protect workers from avoidable workplace safety hazards. When an employee is seriously injured or dies as a result of a workplace accident, OSHA will normally investigate the incident.

Following the investigation, OSHA imposed $473,000 in fines for 14 safety violations allegedly committed by the company. The 14 violations included six willful violations, seven serious violations, and one other-than-serious violation. A willful safety violation occurs when an employer acts with plain indifference to employee health and safety or intentionally violated safety regulations. A serious violation occurs when a worker is substantially likely to be physically harmed by a safety violation that an employer knew or should have been aware of. An other-than-serious violation exists when an employer disregards a safety regulation, but the violation is unlikely to cause physical harm or injury to an employee.

As a result of the worker’s death, the Raani Corporation was placed in the OSHA Severe Violator Enforcement Program. Companies that are placed in the program are reportedly subject to targeted follow-up safety inspections in an effort to ensure future compliance with established safety laws and regulations. In February 2012, two follow-up inspections at the company reportedly resulted in 14 additional health and safety violations and more than $60,000 in fines.

Although most workplace injuries are subject to Illinois workers’ compensation laws, a third party such as a general contractor or equipment manufacturer may also be held liable for an employee’s injury. If you were hurt or lost a loved one in a workplace accident, you need a dedicated personal injury lawyer on your side.
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Governor Pat Quinn signed a new law amending Illinois’s workers’ compensation law last Tuesday that he hopes will reduce employers’ insurance premiums and help Illinois retain and attract businesses concerned with the state’s insurance costs. Governor Quinn estimates that the changes will save employers at least $500 million on the estimated $3 billion in costs they pay each year the Chicago Tribune reports.

Illinois has some of the higher workers’ compensation premiums in the country. The new law aims to reduce these costs in order to attract new businesses and jobs to the state as well as retain those already here. “This overhaul is going to improve the strength of our state’s business climate and economy,” Governor Quinn said. “We’re going to be helping employers in Illinois, workers in Illinois, all of those who are committed to economic growth.”

However, much of these changes come at the expense of Illinois workers, and there is no guarantee that insurance companies will pass along these savings in the form of lower premiums.

One of the major changes is a 30% reduction in the current fee schedule for doctors and hospitals that treat employees under workers’ compensation. In theory, this change will make the cost of treating workers cheaper, and therefore lower business’s premiums. Nothing mandates the lowering of premiums, however, and the people of Illinois must trust insurance companies to pass these savings along as the quality of their healthcare potentially suffers. Good physicians are at a premium, and a 30% reduction in their fee may cause many of them to stop treating injured workers.

The fee reduction is in conjunction with the creation of employer PPO networks for injured workers. Currently, when a worker is injured, they are able to seek out two doctors of their choice. After the law goes into effect, employees of businesses who opt-in to the PPO plans will only be able to choose from two doctors within that network and seek a hearing to go out of network if they are not satisfied with their first two selections. Workers may also “opt-out” of the plan in writing, but they then only have one choice of doctor, according to the Beacon News. Under the old law, workers could choose two physicians. Once again, Illinois workers are being asked to sacrifice their quality of healthcare for the benefit of Illinois businesses in general.

Currently, when a worker is injured and forced to take a lower paying job because they cannot return to the old, the worker is entitled to two-thirds of the difference between the new and old wages for the rest of their life. After the changes go into effect, these wage differential cases will only pay workers this difference for 5 years after the incident or until they reach the age of 67, whichever is later. This is a significant disadvantage to older workers. Not all Illinois residents can retire on time or even at all in this economy.

The extent of permanent partial disabilities will now be judged according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment. Currently, the compensation is set by an arbitrator based on their own judgment, past precedent, and the testimony of the workers themselves. After September 1st, a physician will evaluate an injured worker based on the AMA’s guide to determine the measure of impairment and level of function lost due to the injury. This will then be submitted to the arbitrator. This policy is meant to increase the accuracy and fairness of disability assessments by moving to a more objective approach.

The arbitrators themselves will also change under the new law, according to the Illinois Government News Network. The current arbitrators’ terms end on July 1 and will be subject to strict evaluations in their consideration of re-appointment. Any new arbitrators must be licensed attorneys and all arbitrators will receive ongoing training in fraud, ethics, and medical practices.
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A November 18, 2010 Chicago area work accident has resulted in a chemical production company getting hit with $63,000 in fines, according to NWI.com. This is due to the US Department of Labor’s Occupational Safety and Health Administration citing the business with one safety violation and five health violations. The company at issue is located in suburban Chicago Heights.

One health violation is being considered willful for not making sure that a confined space was safe to enter. A willful violation is defined as being done intentionally, knowingly or with voluntary disregard to the law, or with indifference to the safety and health of employees.

A government investigation took place after an employee sustained second and third-degree burns at the plant. A spokesman for the Department of Labor said that the company now has two weeks to respond to the alleged violations.