Work-Injury

Claims for Compensation from a Third Party: What to Expect

Tue, 24 Apr 2012 13:39:00 GMT

Claims for compensation from a third party means holding a party, other than your employer, who may have caused your injury responsible. This could include a manufacturer of defective or dangerous products, negligent operation of a motor vehicle, or a violation of a state or federal statute. All these examples help you know what to expect, because they are conditions that could create the possibility to file a third party claim in conjunction with a workers compensation claim.

There are a number of additional work-related situations which may warrant a third-party claim for personal injury compensation:

Slip and fall accidents: The property owner may be considered a negligent party if you are injured in a slip and fall accident at work, depending upon the circumstances.
Construction accidents: If you’re injured while working on a construction site, there may numerous third parties that can be held responsible, including subcontractors, property owners, contractors, equipment operators, or defective equipment manufacturers.
Car accidents: A third party claim for compensation may be an option if you were driving a vehicle for a work-related duty, or if you were injured in a car accident (while on duty) that was caused by a driver who was not a co-worker.

What should you expect?: It is possible that you could be entitled to significant amounts of money from a third party claim for compensation. These types of claims can provide monetary damages that are much more lucrative than the workers compensation benefits that you would be eligible to receive for the same injury.

You should keep in mind that a third-party claim is not part of any litigation involving your workers' compensation claim. If there is dual liability for a work injury, a state’s workers rights usually allow individuals to address that liability separately:

Once, through a workers' compensation claim which addresses the employer's liability.
Also through a third party claim, which addresses any negligence or liability on the part of an entity other than the employer.

In order to determine whether it is possible to file a third-party claim for compensation, immediate and thorough legal research are necessary. Even though the two cases may be based upon the same incident, the time limits for filing a third party claim may be longer or shorter than those that apply to the workers compensation claim. This can also depend on the nature of the lawsuit and the identities of those responsible for the conditions from which the third-party claim arises. If you have recently experienced a work injury, you should promptly retain the services of a work injury attorney, just in case a third party claim could arise out of your work injury case.

In order to win your case, you and your attorney will have to demonstrate that:

The responsible party’s negligence caused your injuries
You sustained calculable and real damages stemming from the accident
A legal duty of care was owed to you by the third party
The third party failed to carry out that duty

Injured workers will often become overwhelmed by their medical condition and subsequent loss of work and income. As a result, individuals who have sustained a painful work injury are concerned with getting better and getting back to work, rather than defending their workers rights. Many are not even aware of the existence of a third party claim. If you are injured at work, it is imperative that you contact a legal professional. They will be able to handle your workers' compensation claim and third party claim, ensuring that you receive the maximum compensation possible for your injuries while keeping your primary focus where it should be - on your recovery.

A work injury attorney is your best resource for determining whether there is potential for a third-party claim for compensation in your situation. An attorney can also educate you on what to expect in terms of the process and compensation potential. In addition to providing information about Illinois workers rights, they can help injured workers understand specific parts of work injury law like third-party claims.

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Symptoms of a Slipped Disk

Mon, 23 Apr 2012 19:42:00 GMT

Symptoms of a slipped (herniated) disk can vary greatly, depending on the position of the herniated disk. When a disk herniation occurs, the cushion that sits between the spinal vertebra is pushed outside its normal position, pinching nerves in its vicinity. This can occur at almost any time, such as during a fall or an accident, or over many years as the spine experiences wear from normal use.

Even well-conditioned athletes can experience a symptoms of a slipped disk. For example, NBA basketball player Dwight Howard was recently sidelined with a slipped disk, according to an Orland Sentinal article. An Orlando-area medical director explained the relationship between Mr. Howard’s symptoms and potential recovery time: "Without knowing how big the herniation is, or the degree of his symptoms, it's hard to predict how quickly he'll recover," said Patel. "If he is just having back pain and radiating pain in his leg, that will likely subside without surgery. But if his symptoms include weakness or numbness in the leg, that would push the likelihood of surgery higher."

Knowing that even individuals in peak physical condition who have access to top physicians and trainers can sustain this injury, it is very important for people of all ages and fitness levels to watch for signs and symptoms of a slipped disk.

Common symptoms of a slipped disk include:

Tingling and Numbness: Many patients may experience strange numbness, tingling, or pins and needles type sensations. These symptoms are commonly experienced in the the neck or lower back regions.
Electric Shock Pains: These are caused when a compression occurs in the neck region, when you feel shocks go down your arms. They also occur when the compression is in the lower back region, when shocks are felt down your legs. These odd sensations are caused by pressure on the nerve from a slipped disk.
Bowel or Bladder Problems: ‘Cauda equina syndrome’ is also a possible condition resulting from a herniated disk, which can be discovered if you notice bowel or bladder issues. If you have trouble urinating, having bowel movements, or if you are experiencing numbness in the genital area, contact a doctor immediately.
Muscle Weakness: Signals from the nerves of the brain can be curtailed, causing muscle weakness due to this nerve irritation. It is possible to test for nerve irritation by examining reflexes.
If you have a slipped disk in your neck, you should have pain when moving your neck, shoulder blade pain, or possibly pain that moves to the upper arm, forearm, or in extreme cases, your fingers. You may also experience numbness along your shoulder, elbow, forearm, and fingers.
If you have a slipped disk situated in your lower back, you could experience a sharp pain in one part of the leg, hip, or buttocks. You also might notice numbness in other parts of your body, such as the back of the calf or sole of the foot. You may also experience weakness in the same leg.

Recovery time for those who suffer from a slipped disk could range anywhere from 6 to 12 weeks, though spine experts note that it can be less. Fortunately less than 1 in 10 slipped disk cases require surgery. It is very important that you consult a physician if you experience any symptoms of a slipped disk. If you sustain your back injury on the job, don’t hesitate to request a Free Case Evaluation.

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Illness at Work and Workplace Injuries May Still Go Underreported

Mon, 23 Apr 2012 13:39:00 GMT

Illness at work and workplace injuries routinely go under reported by employers and workers, a 2008 Congressional Committee on Education and Labor report found. The report, entitled “Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses,” indicated that illness at work and workplace injuries in the United States are chronically and even grossly underreported.

This report found that as many as 69% of injuries and illnesses may never make it into the Survey of Occupational Injuries and Illnesses, which is the nation’s annual workplace safety and health “report card” generated by the Bureau of Labor Statistics. These estimates indicate that the nation’s workers could be suffering illness at work and workplace injuries at three times the rate that official reports indicate. The report also suggests that there may be a rather sinister motive causing this underreporting; OSHA’s reliance on self-reporting by employers. Employers have a strong financial incentive to underreport illness at work because of the following:

Businesses with fewer injuries and illnesses are less likely to be inspected by OSHA
They have lower workers’ compensation insurance premiums
They have a better chance of winning government contracts and bonuses

Additionally, according a New York Times article, 67% of the 1,187 occupational health practitioners surveyed in a 2009 Government Accountability Office study had reported observing fear of disciplinary action among workers for reporting an injury or illness, and 46% said this fear had some impact on the accuracy of employers’ injury and illness records. This indicates that not only do standards need to change, but workers must also take it upon themselves to report their injuries and hire a workplace injury lawyer to represent them.

Based in part on the report's results, Congress has allocated funds for The National Institute for Occupational Safety and Health (NIOSH) to follow-up the original study and get an idea of how prevalent underreporting currently is among individuals who seek emergency care (ED) for an occupational illness, injury, or exposure. This should provide an update to the original research and show whether the increased exposure on underreporting has produced any changes in policy, which may have increased the prevalence of reporting illness at work and workplace injuries.

According to the notice by the CDC in the Federal Register, objectives for this project are to:

Assess the reporting behavior of workers that are injured, ill, or exposed to a harmful substance at work
Characterize the chronic aspects of work-related injuries or illnesses
Estimate the prevalence of work-related chronic injuries and illnesses among United States workers treated in EDs.
Particular attention will be paid to self-employed workers, workers with work-related illnesses, and workers with chronic health problems.

The notice also states that the survey will include a questionnaire with questions about the respondent's:

“... injury, illness, or exposure that sent them to the ED; the characteristics of the job they were working when they were injured, became ill, or were exposed; their experiences reporting their injury, illness, or exposure to the ED and their employer (if applicable); the presence of an underlying chronic condition that was associated with their ED visit; and the nature of any other work-related chronic conditions they have experienced."

This new report should provide a snapshot of current work injury reporting trends, and serve as a reminder to workers to report their injuries. If you have sustained an illness at work or a workplace injury, do not sacrifice your health and safety by ignoring your symptoms or waiting until it is too late. Contact our workers compensation lawyers right away for a Free Case Evaluation.

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Treatment for a Burn

Fri, 13 Apr 2012 14:37:00 GMT

Treatment for a burn is critical for your health or the health of fellow co-workers in the event of a workplace fire, chemical, or electrical accident. Suffering through an accident in which a burn of any severity occurs can be traumatic, but it is very important to understand the appropriate response and treatment for a burn, along with the levels of burns by degree.

Burn injuries can occur in many workplace environments and have numerous sources:

Workers may be injured in explosions, or because of thermal issues and/or chemical reaction problems.
Electrical workplace burns can occur when an individual is exposed to an electrical current, which travels through the body and meets resistance in the body’s tissues resulting in heat burn injuries.
Building fires themselves can cause burn injuries and death.
Improper placement of materials near an ignition source, along with scalding materials, flammable materials and improper machinery maintenance, are common reasons for work-related burns.
Your field of work may naturally lead to a higher risk of burn injuries - laboratories, refineries and chemical plants, construction and mill work are all generally the most likely fields where burn accidents are received on the job. A substantial amount of work burns also occur among restaurant workers, often affecting adolescents working in fast-food establishments.

In order to know which treatment for a burn to use, it is important to distinguish between the levels of severity a burn can have. Treatment for a burn depends on the degree of the burn. The following is a list of burns by degree:

First-degree burns: This is the least severe burn on the scale. Damage to the outer layer of skin will cause redness, swelling, irritation, and mild pain. These burns, which include sunburns, heal within a couple of days.
Second-degree burns: Burn damage extends deeper into the second layer of skin to cause blistering in addition to intense redness, severe pain and swelling. These burns typically heal within 1-3 weeks.
Third-degree burns: These burns involve all layers of the skin and can cause permanent damage to the affected area. Fat, muscle and even bone may be damaged. The area of injury can be white, charred black, red, or brownish. These severe burns are often not painful as burns of lesser degrees, because pain-transmitting nerves are often damaged.
Fourth-degree burns: In this severe degree of burn, damage extends through skin, subcutaneous tissue and into underlying muscle and bone. Skin grafts will not heal burns if they are this severe. Fourth-degree burn victims will require amputation if injury occurs in a limb/extremity.

Treatment for a Minor Burn

Treatment for a burn in the minor category includes first-degree burns and second-degree burns limited to an area no larger than 3 inches (7.6 centimeters) in diameter. These are the most common types of burns. They are not very difficult to treat and will get better on their own, within a few weeks at the most. However, for pain relief and to heal the burn quickly, the following steps can help:

Stop the heat: hold the burned area under cool (not cold) running water or immerse the burn in cool water, or cool it with cold compresses for 10-15 minutes or until the pain lessens.
- Cooling the burn reduces swelling by conducting heat away from the skin.
- Do not, however, put ice on the burn or soak it in ice water. This can cause cold damage to the skin.

Use a sterilized gauze bandage to cover the burn: wrap gauze loosely to avoid putting pressure on the burned skin. This type of bandaging will keep air off the burn, can reduce pain and protects blistered skin.
- Ace wraps can increase comfort, especially for burns on the lower portions of the body, though they are not a necessity.
- Don't use a material that may get lint in the wound or other debris in the wound, which can cause infection.

Clean and apply aloe vera cream or antibiotic ointment: washing is the most important thing you can do in the treatment of a minor burn, as it keeps the area sterile. Ointment may provide some pain relief and assist in the healing process.
- Do not put any butter, grease, or powder on the burn. This can also lead to infection.

Consult with a doctor in the event of a second-degree burn or higher.
- Depending on the type of burns by degree, you may need consultation by a physician. In many cases, first-degree burns would not require a checkup.

Remove all blisters and devitalized tissue: If this is left in place there may be an increased potential for wound infection, because the fluid which collects within a blister and devitalized tissue creates a perfect area for bacteria to multiply.

Take an over-the-counter pain reliever: aspirin, ibuprofen (Advil, Motrin, others), naproxen (Aleve) or acetaminophen (Tylenol) can all assist in pain relief and healing.
- Although aspirin is approved for use in children older than age 2, children and teenagers should never take aspirin if they are recovering from chickenpox or the flu.

Treatment for a Major Burn

Always call 911 immediately for emergency medical help. In this situation it is likely that you will be assisting the victim, as third-degree burns can be debilitating. Until an emergency help arrives, follow these steps:

Do not remove burned clothing. In the event of a fire, the victims clothes may have melted onto the person.
Don't immerse large severe burns in cold water. Doing so could cause hypothermia and/or shock.
Cover the burn: use a cool, wet, sterile gauze bandage or clean cloth until you receive assistance from a medical professional.
Elevate the burned body part or parts. Raise above heart level, when possible.

Prevention of Work Burn Injuries:

According to the CDC, workplace burns account for 20%-25% of all serious burns requiring hospital attention. They even cause 5% of all workplace deaths.

So what are the different common types of work-related burns and how can they be prevented?

Electric burns: Training on how to use electrical equipment and ensuring that all electrical equipment has clearly displayed warnings on them can help to prevent electrical burns.

Chemical or thermal burns: Since chemical burns can occur when skin or eyes come into contact with strong acids, always remember to wear protective clothing and eye goggles to prevent this severe type of burn from happening.

Workplace burns happen often enough to warrant special care and attention. Knowing the correct treatment for a burn and the different types of burns by degree is important, but it is also critical that you are compensated for any expenses which stem from your workplace injuries.

At The Law Offices of Dworkin and Maciariello, all of our workers compensation attorneys are highly knowledgeable and fully licensed to practice law throughout the State of Illinois. Our Illinois lawyers have decades of experience and are always ready to navigate the complicated matters of this specialized area of law to get the maximum settlement amount for clients.

If you have suffered a work-related burn contact us for a Free Work Injury Case Evaluation today.

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Rotator Cuff Tears: A Common Shoulder Injury

Wed, 04 Apr 2012 14:19:00 GMT

Your rotator cuff is made up of muscles and tendons in your shoulder and these muscles and their tendons stabilize the shoulder joint. This flexibility of your rotator cuff along with frequency of how often you use it means that it is very susceptible to a tear, resulting in a shoulder injury.

A rotator cuff tear is a very common type of shoulder injury, and is a leading cause of disability among adults. In 2008, close to 2 million people in the U.S. had enough pain or weakness in their rotator cuff to visit a doctor. With this type of shoulder injury, daily activities as simple as reaching for a box of cereal or brushing your hair may become painful and difficult to do.

Some common symptoms of a rotator cuff injury include:

Consistent pain in the shoulder joint area, especially noticeable if laying on the affected shoulder
Shoulder pain while lifting and lowering your arm
Weakness when lifting or rotating your arm
A crackling sensation occurs when moving your shoulder in specific positions

Shoulder joint injuries, or rotator cuff injuries, are caused by two main factors: Injury and Degeneration.

Injury: You can tear your rotator cuff if you have a sudden or awkward fall or lift something heavy with a jerking motion. This type of injury can be very common in the workplace where physical activity is the norm.

Degeneration: The tendons in the shoulder may also simply break down naturally over time with sustained use. Individuals who are over 40 are at a greater risk of this type of shoulder injury. If your job requires repetitive lifting or overhead activities, for example if you are a painter, carpenter, or electrician you would have a greater chance to sustain a rotator cuff tear. Anyone who plays or has played a sport are at a heightened risk also, especially baseball and tennis players.

Treatment: If the shoulder injury is not treated by a doctor or with shoulder exercises, the pain and weakness may become more noticeable even without use, especially if you sleep on the affected shoulder. However, there are several courses of action you can take to remedy your shoulder issues.

Pain and shoulder functionality improve in about half of patients who have received nonsurgical treatment. Unfortunately it is very unlikely that shoulder strength will improve without surgery.

Some common shoulder injury treatments include:

Limiting activities that could aggravate your rotator cuff can help. While this may include time off from work, the benefits could alleviate the pain.
Modify activities that have been leading to shoulder pain.
Shoulder exercises and physical therapy can reduce pain, restore movement and strengthen your shoulder. Most shoulder exercise programs work to increase flexibility and range of motion through various stretches.
Medications like ibuprofen and naproxen can reduce pain and swelling in your injured shoulder.
If the treatments above are not relieving your shoulder pain, local anesthetic and a cortisone shot may work as a last resort. Cortisone is a very effective anti-inflammatory medicine.
Finally, your doctor may recommend surgery if your pain does not improve with shoulder exercises or other nonsurgical methods. If pain has not subsided and your livelihood depends on the functionality of your shoulder joints, your doctor may not be as hesitant to recommend surgery. Surgery to repair a torn rotator cuff usually means reattaching the tendon to the bone on your upper arm.

The expense involved in treatment for rotator cuff injuries can be extensive, with potential surgery, physical therapy and medication. You may even miss work, which would mean lost wages and sick time. If you are suffering from a workplace rotator cuff injury or other shoulder injury in Chicago, you might want to consider consulting with a workers' compensation attorney. They can discuss your benefit and compensation options.

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Prevent Hearing Loss: Protect Your Ear Health in the Workplace

Wed, 04 Apr 2012 13:52:00 GMT

Hearing loss associated with workplace noise is preventable and once your hearing is gone, it is impossible to restore. Workers should be protective of their hearing, and so hearing health at the workplace continues to be a critical issue. Many workers make their living in environments where they are constantly exposed to noise which can threaten their hearing.

According to OSHA, “Since 2004, the Bureau of Labor Statistics has reported that nearly 125,000 workers have suffered significant, permanent hearing loss. In 2009 alone, BLS reported more than 21,000 hearing loss cases.”

This makes noise-induced hearing impairment one of the most common occupational issues and the second most self-reported occupational illness or injury. The CDC has reported on just how widespread hearing loss is in some professions:

44% of carpenters and 48% of plumbers reported that they had a perceived hearing loss.
49% of male, metal/nonmetal miners will have a hearing impairment by age 50 (vs. 9% of the general population) rising to 70% by age 60.

Other industries also have elevated noise levels that workers are frequently exposed to as well, including: agriculture, mining, construction, manufacturing, transportation, and the military. However, this does not mean that many other industries and professions do not risk their hearing health in the workplace every day. Unfortunately, it is still very difficult to tell who is getting injured, where they are losing their hearing, and how often job-related hearing loss happens as there is no national injury reporting system for hearing impairment.

Things that employers can do to protect workers' ear health:

Remove hazardous noise from the workplace through engineering controls, like installing mufflers or building acoustic barriers.
Implement programs which analyze workplace noise levels and how it will affect workers' ear health. This should include noise assessments, engineering controls, monitoring of workers' hearing, require hearing protectors, worker education, record keeping, and program evaluation.
Supervisor involvement: many employees don't wear hearing protectors or undergo hearing tests if their supervisors aren't committed to efforts, both of which can prevent workplace hearing loss.

How workers can protect their ear health:

Wear expandable foam plugs, which are designed to expand, conforming to the shape of each person's ear canal.
Use pre-molded plugs made from silicone, plastic or rubber. These reusable devices are available as "one-size-fits-most" or in several sizes.
Canal caps are similar to earplugs, but come on a flexible plastic or metal band.
Wearing earmuffs may be the best form of protection, as they block out noise completely by covering the entire outer ear.

Hearing loss in the work place is a serious problem with painful consequences, but damage can be easily be prevented. Be proactive in approaching ear health to minimize your liability and risk. However, If you have already experienced work-related hearing loss or impairment, you should contact an experienced workers compensation attorney. Lawyers with significant expertise in workers compensation benefits can explain your options.

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Preventing Accidents and Injuries: Tips to Avoid a Loss of Vision in the Workplace

Wed, 04 Apr 2012 13:53:00 GMT

According to the U.S. Bureau of Labor Statistics, eye injuries cost more than $300 million per year related to the almost 37,000 days of missed work they cause. When you add legal fees to this expense, along with judgments and the cost of training replacement workers, this financial burden can reach over $900 million. Taking the proper steps to prevent loss of vision before accidents and injuries happen is a critical step in protecting your eye health.

Many jobs have activities which expose employees eye injury; vision impairment or even loss of vision. Common causes of eye injuries include:

Projectiles- Wood, dust, metal, concrete, and other types of particles.
Chemicals- Splashes and fumes.
Radiation- Visible light, ultraviolet radiation, heat or infrared radiation and lasers.
Blood-borne Pathogens- Hepatitis or HIV from from bodily fluids including blood can enter the body through contact with unprotected eyes.

3 Categories of Eye Protection:
Precautionary eyewear depends upon the specific work environments, the nature and degree of the potential hazard, the circumstances of exposure, and other personal and workplace factors.

Safety Eyewear- Safety spectacles are the most common form of vision protection. Safety eyewear is designed with side protection for full coverage, and can resist impacts up to 150 feet per second.
Goggles- Form a protective seal around the eyes. Goggles generally come in two different types; impact and chemical. Chemical goggles protect workers from chemical splashes with their hooded or indirect ventilation paths. Impact goggles will protect against direct impact or large particles and have direct ventilation holes .
Face shields- Are used in welding, grinding or sanding applications. Face shields are considered secondary protection and need to be worn with protective eyewear or goggles.

In the case of an emergency, the following list is important to be aware of, in order to prevent a loss of vision.

Prevent further vision impairment- Hold a folded cloth over the eye to act as a shield in order to protect the eye from further damage.
Consult with a physician- Your eye health is critical to all aspects of life. If vision problems arise, consult a physician with eye care expertise immediately.
Bandaging- Prevent contamination or infection by bandaging any cuts around the eye.
Find an eyewash station- In the event of a chemical burn or if there is small debris in the eye, flush the eye with water immediately.
Blunt trauma- Find a cold compress to treat any blunt trauma injury such as a black eye, but try not to apply excessive pressure.

Law requires employers to evaluate eye safety hazards in their workplace and take measures to ensure employee eye safety. Typical measures include compliance with government regulations for eyewear and emergency eyewash stations. Employees also should be aware of the potential for eye injury and ways to protect themselves from vision problems.

If you feel that your eye accident or injury was the result of negligence on the part of your employer, you should immediately contact an experienced worker compensation lawyer.

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The Best Exercise for Back Pain Relief

Tue, 01 May 2012 16:18:00 GMT

A back injury in the workplace, be it at an office or a construction job site, can range from relatively mild sprains to herniated disks. Any injury can be traumatic, and potentially result in permanent changes to your overall quality of life.

Pursuing the proper exercise and rehabilitation is key to recovering from an injury, or an episode of back pain or surgery. Under the guidance of a physical therapist, there are several beneficial exercises you can do to help avoid future recurrences of back pain. Stretching, strengthening, and aerobic conditioning of the back and entire body are crucial to recovering from a sore back, maintaining back health, and preventing accidents and injuries in the future.

There are 3 major of muscles that support the spine:

Extensors- Used to straighten the back in order to stand up, lift and extend, and move the thighs away from the body. These are the back and gluteal muscles.

Obliques or Rotators- Rotate the spine and assist in the maintain of proper posture and spinal curvature. These are the side muscles.

Flexors- These are used to bend and support the spine from the front. They are the abdominal and iliopsoas muscles.

While we may use all these muscles daily to perform routine tasks at home or in the workplace, they may not be getting adequate exercise and could weaken with age, exposing you to a heightened risk for back injury.

Anytime you are recovering from a back injury or a sore back, it is important to see a trained and licensed physician or physical therapist. Exercise programs can be very different, depending on the type and severity of the injury, and level of pain.

Here are some basics about the best exercise for back pain or recovering from a back injury:
Stretching

Stiffness can arise after a period of inactivity, especially if an injured back is involved. Lessening this stiffness can ease the discomfort one feels with a sore back.

This process should be done slowly and under supervision, as it can take time to recover your range of motion after an injury.

Achieving increased flexibility and elasticity in the disc, muscles, ligaments, and tendons is important to focus on.

Strengthen muscles that are not directly involved with the injured area, like the legs can help alleviate lower back pain. For instance, hamstring tightness can limit motion in the pelvis and place it in a position that increases stress on the low back.

Strengthening
Strengthening should be utilized in conjunction with stretching, both for alleviating back pain and for prevention of future injury.

There are two primary forms of exercise for strengthening and pain relief that may to be used for specific conditions. When appropriate, these 2 forms of physical therapy may also be combined.

The McKenzie exercise- Known to offer lower back pain relief while in an extended position. This technique uses centralization, where the patient attempts to extend his or her muscles in such a way that the pain experienced “goes back” to the center of the back. The reason this is done is that centralized back pain is preferable to pain that radiates away to the legs, stomach, or shoulders.
Lumbar stabilization exercise- Works to find a position that allows the patient to feel most comfortable. Once a comfortable position has been achieved, the back muscles are then exercised to teach the spine how to stay in this position. When this exercise is performed on an ongoing basis, they can increase back strength and assist in keeping the spine well-positioned.

Aerobic Conditioning
Using low-impact aerobic exercise is a key aspect to back rehabilitation and maintenance. An aerobically fit patient is less likely to lose range of motion and experience other debilitating back issues in the future than those who do not add aerobic conditioning to their rehabilitation strategy.

Here are a few examples of low impact aerobic exercise:
Water/Pool therapy- Water therapy is excellent for those with back pain as it provides a form of conditioning that takes pressure off of joints and ligaments. Water counteracts gravity and makes many stretching movements easier as well as providing mild resistance.
Walking- Elevating your heart-rate and muscle use by continuous walking at a sustained pace for a minimum of 20 to 30 minutes is essential in order to provide aerobic conditioning. Incidental daily walking around work or your home is not enough to give your body the exercise it needs to recover and get stronger.
Stationary biking- Riding a stationary bicycle is beneficial because it provides aerobic conditioning with minimal impact on the spine.

Choosing the best exercise for back pain relief depends much upon the nature of your back injury, physician’s advice, and an individual’s exercise choices. It is very important that you go over exercise options with a physician or physical therapist to identify which exercises are safest will yield the best results for you.

If you are injured on the job in Chicago, Illinois request a Free Case Evaluation - Call Toll Free 1-888-460-4878.

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Top 5 Threats to Workplace Health and Safety

Wed, 04 Apr 2012 13:53:00 GMT

Workplace injuries can be costly and may occur more frequent than one would imagine. It is important to understand the true nature of such workplace injuries in order to prevent them and respond accordingly when they occur. Although it is almost impossible to prevent every single threat to health and safety in the workplace, it is crucial to be proactive about those that can be identified.

A new Liberty Mutual Research Institute for Safety report outlines the top five workplace injuries and brings us the news that they account for a whopping 72% of all direct workers compensation costs. The annual Workplace Safety Index identifies the top causes of serious non-fatal workplace injuries based on information from Liberty Mutual workers compensation claims, the U.S. Bureau of Labor Statistics (BLS), and the National Academy of Social Insurance.

According to Liberty Mutual, these are the top 5 occurrences which endanger workplace health and safety:

Overexertion: These can be injuries can be caused by lifting, pushing, pulling, holding and carrying are resulting in an annual cost of $12.5 billion for employers and account for one-quarter of all workplace injuries.
Fall on same level: These common workplace falls have lead to $7.94 billion in direct workers compensation costs and account for 15.8% of all workplace injuries.
Fall to lower level: These vertical falls are rising employers' workers compensation costs by $5.35 billion.
Bodily reaction: This could be standing, sitting, slipping, bending, climbing, reaching or tripping, and all without falling, has workers compensation expenses of $5.28 billion.
Struck by object: This could be as simple as a tool falling on a worker from above, and has accounted for $4.64 billion in costs.

These five types of injuries, which were tallied across all industries amounted to approximately $35 billion in workers compensation costs in 2009.

The prime culprits for these injuries:

Unstable equipment, slick floors, rigid surfaces and a lack of enforced safe practices in the workplace all can prompt businesses to provide compensation to injured employees.
Falling down can be among the most common injuries, especially for employees working in physical industries such as construction, forestry, mining and agriculture.
Those who work in retail or restaurant business may not spend as much time on a ladder as a construction worker, thus, they have an increased risk of falling due to a lack of experience working with this type of equipment.
Falling off a ladder, down the stairs or even tripping on uneven ground are well known for causing sprains and fractures, which are not quick fixes. In many cases, employees need to take time off from work for doctor visits and recovery.
Workplace injuries that are due to lifting can lead to musculoskeletal disorders affecting muscles, nerves, tendons, joints and/or spinal discs. These injuries typically lead to longer work absences. Employees of any industry are susceptible to lifting injuries, but specifically those who work in nursing, manufacturing, construction and horticultural businesses are at risk.

If you have sustained a work injury, do not wait until it is too late or sacrifice your health and safety - contact a Chicago workers compensation lawyer right away.

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Eye Health in the Workplace: Key Personal Protective Equipment

Sun, 25 Mar 2012 20:24:00 GMT

Every day approximately one thousand eye injuries occur in U.S. workplaces. These injuries lead to a staggering financial cost - more than $300 million per year in lost production time, medical expenses, and workers compensation. Additionally, the toll these injuries take on workers in terms of pain, suffering and stress is virtually incalculable.

According to a 2011 report by the Bureau of Labor Statistics, injuries to the eyes accounted for 37% of all head injuries involving days away from work in 2008 and 62% of all face injuries involving days away from work. Furthermore:

Men experienced far more eye injuries than women, and men age 25 to 44 suffered more eye injuries than men in other age groups.
Workers who were most at risk of incurring an eye injury included those in the manufacturing, construction, and trade industries, and those in the production; installation, maintenance, and repair; construction and extraction; and service occupations.

What leads to workplace eye injuries?

Not wearing eye protection. According to The Occupational Safety and Health Administration (OSHA) Almost three out of every five workers injured were not wearing eye protection at the time of the accident.
Wearing improper personal protective equipment for the job. Injured workers are most likely to be wearing eyeglasses with no side shields, although injuries among employees wearing full-cup or flat-fold side shields occur, as well.

What can cause eye injuries in the workplace?

Flying particles. Flying or falling objects or sparks striking the eye are common eye hazards. Many objects can be smaller than a pin head and can be traveling faster than a hand-thrown object when accidents occur.
Contact with chemicals. Although many burns result in only minor discomfort, every chemical exposure or burn ought to be taken seriously. Permanent damage is possible and can be blinding and life-altering.
Other accidents were caused by objects swinging from a fixed or attached position, such as tree limbs, ropes, chains, or tools which could be pulled into the eye while the worker was uses them.

How can eye injuries be prevented?

Always wear effective eye protection. OSHA standards require that employers provide workers with suitable eye protection.
Appropriate eye-wear. To be effective, the eye-wear must be of the appropriate type for the hazard encountered and must be properly fitted. Many injuries to workers wearing eye protection can result from objects or chemicals going around or under the eye protector.
Air flow. Eye protective devices should allow for air to circulate between the eye and the lens.
Wear goggles with face shields. Goggles generally offer better protection for the eyes than face shields alone.
Better training and education. Many workers were hurt while doing their regular jobs. Even though the vast majority of employers furnish eye protection, at no cost to employees, many workers receive no information on where and what kind of eye-wear should be used.
Proper maintenance. Personal protective equipment must be properly maintained. Scratched and dirty equipment reduces vision, causes glare and may contribute to accidents.

Regardless of your occupation, it is important that you are following all safety standards and practices - especially to protect your eye health in the workplace- to prevent against work injury. If you have suffered an eye injury at work, you might want to consider talking to an Illinois workers' compensation attorney to find out your rights.

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Basic Workers Compensation Law In Illinois

Wed, 04 Apr 2012 13:53:00 GMT

Getting injured at work can be a very traumatic experience in many ways. Not only do injured workers have to worry about their health, they must also consider their job security.

Compensation law in Illinois is intended to compensate injured workers for lost wages, permanent disability, and provide necessary medical care. The Illinois Workers’ Compensation Commission Handbook on Workers’ Compensation and Occupational Diseases is a good resource for inquiries about state compensation law.

The following is a brief summary of some of the Illinois state laws, which can serve as a general guide to the rights and obligations of employees who have experienced work-related injuries:

Almost every employee who is hired, injured, or whose employment is localized in the state of Illinois is covered by the law. Also, these employees are covered from the moment they begin their jobs.
In most instances, the law covers injuries that are caused, in whole or in part, by the employee’s work. Injuries from repetitive use of a part of the body is covered, as is a person who experiences a stroke, heart attack, or other physical problem caused by work. Pre-existing conditions may receive benefits if it is possible to prove that the work aggravated that condition.
Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless participation is mandatory. Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are also not covered.
By law, the employer is responsible for the cost of workers’ compensation. Most employers buy commercial workers’ compensation insurance, and the insurance company pays the benefits on the employer’s behalf. No part of the workers' compensation insurance premium or benefit can be charged to the employee. Other employers obtain the state’s approval to self-insure.
An injured employee must inform their employer as soon as possible. The state law requires the employee to notify the employer of the date and place of the accident, if known. A delay of over 45 days may result in the loss of all benefits.
It is the worker’s responsibility to prove they are eligible for benefits. The employer does not need to disprove a worker’s claim. By law, the burden of proof rests with the employee. Hiring a lawyer for quality representation is advisable.
An employer is obligated to pay for all medical care that are reasonably necessary to cure or relieve the employee from the effects of the injury. This may include first aid, emergency care, doctor visits, hospital care, surgery, physical therapy, chiropractic treatment, pharmaceuticals, prosthetic devices, and prescribed medical appliances.

It is important to know some of the basic Worker Compensation Laws in Illinois. However, If you believe your workers rights have been violated by your employer, you should contact an experienced Illinois workers compensation attorney. There are lawyers with significant expertise in workers rights and workers compensation benefits who can explain your options.

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OSHA cites Yaskawa America After Worker Suffers Burn Accident

Wed, 04 Apr 2012 13:53:00 GMT

Illinois-based company Yaskawa America Inc. is being cited by The Occupational Safety and Health Administration (OSHA), a federal workplace-safety agency. According to a February 28, 2012 Chicago Tribune article, OSHA is proposing a $91,000 fine for the Illinois company approximately five months after a worker suffered electrical burns at its Wisconsin manufacturing plant.

According to OSHA, the company allowed the worker to come into contact with exposed equipment and suffered second- and third-degree burns on his hand after receiving an electrical shock. In addition, there were other alleged violations, including failing to provide workers with proper safety gear.

Work-related burn injuries like this one happen much more often than most Americans realize. In fact, almost one-fourth of those hospitalized for burn injuries receive them while on the job. Even worse, an average of 200 people are killed each year from work-related burns!

There are a many sources of on-the-job burn injuries:

Scalding, flammable materials, improper machinery maintenance, and improper placement of materials near an ignition source are the usual reasons for work-related burns.
Building fires themselves can cause burn injuries and deaths.
Some types of employment naturally lend themselves to the occurrence of burn injuries; work performed in laboratories, refineries and chemical plants, construction and mill work are generally at higher risk for burn accidents received while at work.
Workers may also be injured in explosions, or because of thermal and/or chemical problems.

OSHA, in addition to responding to workplace negligence with legal action, advises the following general fire prevention standards for workplaces:

All fire exits must be provided, clearly marked and employees must be trained in their location.
Appropriate fire extinguishers must be easily accessible. Also, workers who may have to use fire extinguishers must be trained about the hazards of fighting fire, how to operate fire extinguishers, and how to alert other employees in the event of a fire emergency.
Employer must have an emergency plan printed and train employees in evacuation procedures.

At The Law Offices of Dworkin and Maciariello, our workers' compensation lawyers have extensive knowledge of the Illinois Workers' Compensation Act and workers' rights. Our experienced Illinois workers' comp attorneys will fight diligently for your recovery to get you the justice you deserve.

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Numbness in the Fingers at Work? Numbness in the Arm? Carpal Tunnel May be the Culprit

Tue, 20 Mar 2012 19:28:00 GMT

Carpal tunnel syndrome (CTS) is a common form of repetitive stress injury which often stems from repetitive strain on a regular basis. The tissues surrounding a person's wrist tendons become enlarged to the point that they can compress the median nerve, which runs through a passage in the wrist known as the carpal tunnel. This compression can cause the following problems:

● Numbness in the fingers, numbness in the arm, tingling and pain in the hand, wrist and forearm

● Impaired or lost nerve function

● Reduced muscle control

● Reduced grip strength

According to the United States Department of Labor, carpal tunnel syndrome was the "chief occupational hazard of the '90's - disabling workers in epidemic proportions."

The following information may help evaluate what steps to take to receive compensation for work-related injury:

● CTS considered a work-related injury under the Illinois Workers' Compensation Act. The Illinois Supreme Court has found that although carpal tunnel syndrome develops gradually and not as the result of a sudden mishap, employees may be compensated from the onset of CTS under the Act.

● You may be entitled to receive 100% of all medical expenses which are reasonable and necessary to treat your condition. These include, but are not limited to, first aid, emergency room services, doctor’s visits, inpatient and outpatient hospital care, and prescriptions.

● You may be able to choose my own physician or hospital for treatment of my CTS, but certain restrictions are specified under the Illinois Workers ' Compensation Act. If your employer maintains a Preferred Provider list, you are required to select someone from that list as your first choice of doctor, or else forfeit that first choice. In that case, you will be entitled to only one doctor of your own choice.

● As long as your medical treatments are reasonable and necessary to treat your CTS, you should not be asked to pay any deductions, and no dollar limitations should be placed on your treatment.

● You are entitled to temporary total disability compensation (TTD) while you are off work and are under active medical treatment. Temporary total disability compensation is based on a percentage of average weekly wages, including overtime.

● Under the provisions of the Act, your employer or their insurance company is legally required to begin payment of TTD within fourteen (14) days of the date you informed your employer that you developed CTS.

● You may be entitled to receive compensation for the partial permanent loss of use of your hands or arms as a result of contracting CTS while on the job.

● 5 factors are considered to determine the extent of your permanent partial disability: a physician’s assessment of the level of impairment, your age, your occupation, your future earning capacity, and any other evidence of disability corroborated by treatment records.

● If it is necessary for you to accept a lower-paying job because of your inability to perform the responsibilities of your usual and customary employment, you may be entitled to benefits equal to two-thirds (2/3) of the difference between the average gross weekly wage you were earning before you developed CTS and the wage you are able to earn after your return to work.

● If you are able to prove through medical evidence that you are unable to return to your former usual and customary occupation as a result of your CTS, your employer may be responsible to pay for the vocational rehabilitation necessary to return you to a position consistent with your physical imitations. You may also be entitled to receive maintenance payments in the form of TTD during your retraining period.

● If you are disabled from working for a period of five months, and it is anticipated by your physician that your disability will continue for a total of one year or longer, you may be eligible for social security benefits.

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World Trade Center Site Accident Avoids Work Injury

Tue, 01 May 2012 16:19:00 GMT

Yahoo! News reports "The long awaited and often delayed rebuilding process at the World Trade Center site in New York City nearly took a dark turn Thursday morning after several tons of steel unexpectedly came crashing down onto a construction site. Amazingly, no one was hurt in the accident. The 60 foot steel girders fell 40 stories before landing on top of a loading truck, which thankfully was unoccupied at the time."

In spite of several construction workers being in the immediate area, none sustained a work injury. The construction company, the Port Authority (who owns the WTC site) and the local fire department are investigating the accident. Where it is a construction site, OSHA may also be notified of the incident even though no work injury occurred.

Following the crash, construction at the site was stopped briefly and there were several subway disruptions for approximately an hour. However, considering the disaster that could have resulted from the girders - which weight between 30,000 and 40,000 each - falling, the overall disruption was minor.

Construction Accidents and Workers Compensation

The construction industry has one of the highest rates of workplace injuries and fatalities, making it one of the most difficult and accident prone industries. According to statistics, more then 2000 construction site workers in Illinois suffer major or minor injures which severely impact their life. The high number of workplace accidents in the industry is because of the hazards associated with construction sites. Examples of workplace hazards which can cause work injury include:

Trenches
Scaffolding
Power Lines
Dangerous Equipment
Falling Objects
Exposure to Harmful or Toxic Chemicals

Some of the most common injuries are caused due to slip and falls, being struck by an object, collapsing structure and contact with electrical lines.

If you or your loved one is injured at a job site and want to file a workers’ compensation claim, please contact The Law Office of Dworkin & Maciariello to request a Free Case Evaluation - Call Toll Free 1-888-460-4878.

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What is RSD?

Tue, 01 May 2012 16:19:00 GMT

RSD, which is short for Reflex Sympathetic Dystrophy, is a chronic neurological syndrome characterized by:

● severe burning pain

● pathological changes in bone and skin

● excessive sweating

● tissue swelling

● extreme sensitivity to touch

A number of precipitating factors have been associated with RSD including:

● Trauma (often minor) ranks as the leading provocative event

● Ischemic heart disease and myocardial infarction

● Cervical spine or spinal cord disorders

● Cerebral lesions

● Infections

● Surgery

● Repetitive motion disorder or cumulative trauma, causing conditions such as carpal tunnel.

RSD is a chronic pain syndrome characterized by severe and relentless pain that affects between 200,000 and 1.2 million Americans.

● The syndrome is a malfunction of part of the nervous system. Nerves misfire, sending constant pain signals to the brain. After an event the body regards as traumatic, such as an accident or a medical procedure, RSD may develop as a response.

● Minor injuries, such as a sprain or a fall are frequent causes of RSD. One identifying characteristic is that the pain is more severe than expected for the type of injury that occurred.

● Early and accurate diagnosis and appropriate treatment are key to recovery, yet many health care professionals and patients are unaware of RSD’s signs and symptoms. Typically, people report seeing an average of five physicians before being accurately diagnosed.

● RSD is two to three times more frequent in females than males.

● The mean age at diagnosis is 42 years. However, injuries among young girls are becoming a more common victim of the syndrome, and children as young as 3 years old can get RSD.

● RSD is not a psychological syndrome, but people may develop psychological problems when physicians, family, friends, and co-workers do not believe they are in pain, and so do not respond appropriately to their continued complaints.

● Common effective treatments include medication, physical therapy, psychological support, sympathetic nerve blocks, and/or spinal cord stimulation.

A RSD workplace injury calls for experienced legal representation. Our staff of Workers ' Injury attorneys have decades of experience in fighting for the maximum settlement amounts for our clients. Contact us today to request a Free Case Evaluation - Call Toll Free 1-888-460-4878.

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