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Illinois Work Injury Blog

Illinois Work Injury Blog - providing information and resources regarding work injury and workers compensation issues in the Chicago, Illinois area.

UPS Pilots "Don't Want to Fly Tired"

 Thursday, December 22, 2011
"United Parcel Service pilots went to court Thursday hoping to make the government include them under new rules designed to ensure airline pilots aren't too sleepy to fly.

Their union, the Independent Pilots Association, filed a lawsuit against the Federal Aviation Administration one day after the new rules for passenger airline pilots were announced. Cargo carriers are exempt from the rules. The union wants the court to tell the FAA to reconsider including them, too," reports the AP via Yahoo.

In spite of not being included in FAA regulations, it is hoped that UPS and other cargo carriers will voluntarily adopt the same standards for their pilots. Transportation Secretary Ray LaHood intends to meet with representatives from the top cargo carriers to encourage them to do so.

For their part, UPS appreciates being excluded from the ban even if their pilots do not. A spokesman for the company has indicated that "One size has never fit all when it comes to crew rest regulations. UPS believes the FAA has recognized this fact and made an appropriate decision in its new rule."

Pilot Fatigue and Work Injury


Pilots have a high-stress work environment due to the number of lives they are responsible for transporting during one shift and the fact that one error can have catastrophic consequences. For this reason, it is particularly important that pilots are well rested and in good shape to avoid work injury. In addition to getting enough sleep between shifts, it is also recommended that pilots take the following steps to avoid fatigue while piloting aircraft:

• Stay hydrated - water is best
• Eat high protein meals and snacks to keep energy up, avoiding sugary items
• Stretch and move about the air craft from time to time if possible
• Control the temperature in the flight deck, keeping it cool to stay alert
• Drink beverages with caffeine for a boost of energy if necessary
• Converse with other crew members

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.
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New FAA Rules Aim to Decrease Pilot Fatigue

 Wednesday, December 21, 2011
"The government told passenger airlines Wednesday they'll have to do more to ensure pilots aren't too tired to fly, nearly three years after the deadly western New York crash of a regional airliner flown by two exhausted pilots.

The Federal Aviation Administration's update of airline pilot work rules, some of which dated to the 1960s, reflects a better understanding of the need for rest and how night shifts and traveling through time zones can increase errors," reports the AP via Yahoo!

The changes come after several years of safety advocates requesting changes to FAA rules regarding pilot work and sleep schedules. Previous attempts have all failed due to an inability for the airlines and pilot unions to reach a mutual agreement.

The catalyst prompting this latest push to make rule changes was a 2009 plane crash in Buffalo that left 50 people dead. Following the crash, family members of the deceased have been pushing hard for stricter regulations aimed at avoiding pilot fatigue, which is believed to be one of the causes of the crash.

The new regulations will:

• Limit maximum time a pilot can be scheduled to be on duty to 9-14 hours, depending on the time of day the pilot began flying and the number of times zones he or she crossed.

• Limit the maximum amount of time a pilot can be schedule to fly to 8-9 hours, with a minimum of 10 hours of rest in between duty periods.

• Increase the minimum amount of time off between work weeks by 25 percent.

• Limit how many hours per month pilots are allowed to fly, depending on the time of day the pilots are flying. Overnight pilots will be allowed to fly fewer hours per month than pilots who fly during the day.

Airline carriers have two years to adopt the new regulations. At this time, cargo carriers are not included in the new rules because the cost-benefit analysis of forcing cargo carriers to reduce their pilots allowed hours compared with safety benefits is not favorable.

Pilots unions are not pleased with this exemption, as they have pointed out that allowing fatigued cargo pilots to share skies with rested pilots is still a risk. "A tired pilot is a tired pilot." Nevertheless, the FAA has estimated that the new regulations, even without the inclusion of cargo carriers, will prevent approximately 1.5 accidents - an average of six deaths - per year while improving pilot health. Incidents of pilot stress and work injury will likely decrease as well.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.
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Workplace Flexibility and Gen Y

 Wednesday, December 21, 2011
"The traditional eight-hour workday may soon be the exception rather than the rule. New evidence shows that we’re reaching a tipping point in terms of workplace flexibility, with businesses seeing the wisdom of allowing employees — young ones especially — to work odd hours, telecommute and otherwise tweak the usual 9-to-5 grind.

One of the top 12 trends for 2012 as named by the communications firm Euro RSCG Worldwide is that employees in the Gen Y, or millennial, demographic — those born between roughly 1982 and 1993 — are overturning the traditional workday," reports Time.

As baby boomers retire and are replaced by Gen Y employees, expectations about work-life balance and workplace flexibility are shifting. Leading the charge is the flexibility with which many of us are already working, thanks to technology. We have become an entirely plugged in, global workforce where it is possible to have several employees working on the same project in different cities, states and even countries.

And if you are working across different time zones, for many industries it does not matter when you are working - as long as the work is completed on time and no one else on the team is waiting on you. Which leads many workers to wonder "why does it matter if I work 9-5 if I would prefer to work 12-8?"

Most Gen Y'ers want to know that their employer trusts their work ethic and choices. This applies to the hours they work and also what they have access to. Gen Y employees are more likely to be annoyed by strict controls over internet usage and social media sites. In fact, some young workers are opting for workplace flexibility over other traditionally more attractive deciding factors when accepting jobs - like ability to telecommute, flex time (being able to work your own hours) and free reign over the world wide web.

As a result, many companies are adopting workplace flexibility programs that give employees the perks that Gen Y'ers are looking for. They are taking a leap of faith that by giving workers the freedom to complete tasks where and when they want, they will see a bump in productivity that comes from a happy work force.

Workplace Flexibility and Work Injury

Another positive side effect of workplace flexibility may be decreased incidence of work injury. If employees are working in a culture that encourages meeting their individual needs for the greater good of the company, they are more likely to take care of themselves. They may go to the gym in the middle of the day - great for staying fit and managing stress, both of which help decrease the likelihood of work injury. They are also more likely to take breaks when they need to because they are not so conscious of punching the clock every time they step outside for some air and to stretch their muscles.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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What If My Injury is Not Work-Related But I Cannot Work?

 Tuesday, December 20, 2011
Q: I sustained a serious injury while I was not at work. It has prevented me from being able to work. What are my options?

A: If you sustained an injury that is not work-related, even if it is currently preventing you from attending work or completing necessary job functions, you are not eligible to collect workers' compensation benefits. However, you may be eligible to collect short-term or long-term disability, depending on the nature of the injury and a doctor's professional opinion.

Workers' Compensation vs. Disability Insurance

Workers' compensation only provides coverage for work-related accidents and injuries. Disability insurance - short term or long term, depending on the injury and subsequent recovery time - helps to replace your income while you are unable to work due to an illness or injury that is not work related.

Most states require by law that employers provide workers' compensation insurance. Short-term and long-term disability insurance coverage is not required for employers. Oftentimes, disability insurance is available through your work benefits package - your company offers a company policy that employees opt in or out of, most often at an additional cost to other benefits provided or subsidized by the employer.

When considering whether an injury is eligible for workers' compensation or disability insurance, you may require a professional opinion from a doctor or even a workers' compensation attorney. There is a certain amount of gray area with work injuries sometimes, where it is possible that an injury that occurred outside the workplace was a symptom of an underlying condition caused by one's essential job function.

It is not uncommon to sustain a work related injury but not notice pain or think you are fine. Then after days or even weeks pass, and one may realize they are having pain or complications from the incident. For this reason, it is imperative that you report all accidents or work injuries to your employer when they happen and get a professional opinion - even if you are not in pain at the time. By doing so, you are laying the groundwork for a subsequent workers' compensation claim in the event that it is necessary.

If you have sustained a work related injury - or if you are unsure if a medical condition or injury qualifies as work injury - you should seek assistance. You should see a medical professional and it may make sense to also contact a qualified workers compensation attorney. They can guide you through the process of obtaining workers' compensation benefits so you can focus on getting healthy and getting back to work.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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Avoid Work Injury by Managing Stress

 Friday, December 16, 2011
"In the wake of the recent recession, many workers have experienced increased levels of stress either due to increased workloads or economic insecurity. Although a certain amount of stress is to be expected, stress in the workplace can be costly because it affects not only workers' well-being but also companies' bottom lines," reports AOL Jobs.

Additionally, workers who have increased stress levels may be more likely to sustain work related injuries - particularly around the holidays when many people are working overtime and trying to wrap up year-end commitments.

In fact, a recent Accountemps study found the following:

- 25% of workers indicated that the holiday season is "somewhat more challenging" and 14% found it "much more challenging
- Almost 25% or workers indicated that their workloads are "much too heavy" or "somewhat too heavy" (29%).
- Less than half of workers do not notice a difference, saying that there is "no difference" in their holiday workload (44%) or that their workload is "just right" (47%).

If you find that you are stressed - during the holiday season or any time - there are steps you can take to reduce your stress levels and decrease your chances of sustaining a work injury. For example,

• Employee Assistance Programs: Contact your HR representative. It is possible that your company offers an employee assistance program to help you deal with work-related stress.
• Exercise: Working out is an excellent way to reduce stress and get in shape. Choosing a work out that focuses on the mind-body connection like yoga is very effective toward controlling stress levels and teaching you relaxation techniques that you can use while you are at work.
• Massage: This is a great way to get some of the tension "worked out" of your body. Additionally, it gives you an opportunity to have an hour to yourself to focus on relaxation - free from emails, Blackberrys and other stress-causers.
• Alternative Therapies: There are many "alternative" methods of relaxation that have been practiced for thousands of years. However, many people do not think of them as ways of controlling stress even thought they are perhaps the most effective. Examples include acupuncture and reiki therapy.

The common theme to all the recommendations above is giving yourself a break. Taking preventative measures to control stress levels can help you avoid unhealthy side effects of stress, including work related injuries. While it does not have to be one of the things suggested above, find something that you do for yourself for a short period of time every day. You will most likely notice a difference within the first couple days.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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Avoid Illinois Work Injury - Tips for Preventing Carpal Tunnel Syndrome

 Wednesday, December 14, 2011
According to Web MD, "Carpal tunnel syndrome is pain, tingling, and other problems in your hand because of pressure on the median nerve in your wrist. The median nerve and several tendons run from your forearm to your hand through a small space in your wrist called the carpal tunnel. The median nerve controls movement and feeling in your thumb and first three fingers (not your little finger)." As a result, the compression of the nerve can cause:

• Impaired or lost nerve function
• Reduced muscle control and grip strength
• Numbness, tingling and pain in the wrist, hand and forearm

Our Illinois work injury attorneys often work with clients who are unsure whether carpal tunnel syndrome is covered under the Illinois Workers Compensation Act as a work-related injury. The answer is yes. As a result, you are entitled to receive 100% of all medical expenses that are reasonable and necessary to treat your condition. These include, but are not limited to first aid, emergency room services, doctors visits, inpatient and outpatient hospital care, and prescriptions.

However, there are ways to avoid the process of filing for workers compensation - by avoiding carpal tunnel syndrome. Here are the top four ways to avoid carpal tunnel and similar repetitive trauma work injuries:

1. Overall Health: By maintaining your overall health, you increase your chances of preventing carpal tunnel syndrome. This includes making healthy lifestyle choices like a balanced diet, exercise and avoiding smoking.

2. Evaluation: You cannot prevent behavior that might lead to carpal tunnel syndrome if you are not aware of it. Take a look at your daily routine and pay special attention to any type of repetitive motions that may make you prone to carpal tunnel.

3. Ergonomics: Once you have identified the actions that you constantly repeat in the course of a day, take steps to do them in a more ergonomically correct way. Arranging your desk and workspace to prevent muscle strain and repetitive trauma injuries can help you avoid carpal tunnel syndrome.

4. Rest: Taking frequent breaks is the best way to avoid carpal tunnel syndrome by breaking up the repetitive motions that cause it. Stand up at your desk, stretch your muscles, or take a water or bathroom break once per hour. Your muscles will thank you.

By following these four easy steps, you may save yourself from the pain of carpal tunnel syndrome and the headache of filing a workers compensation claim. However, if you are already suffering from carpal tunnel syndrome as a result of repetitive motion tasks performed at your job, you need to seek help. You should see a qualified medical professional and speak with an Illinois work injury attorney or lawyer in your area to seek treatment and workers compensation benefits right away.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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Top Five Injury-Prone Industries

 Tuesday, December 06, 2011

Schools.com reports that "Last year, the U.S. workplace got a little safer for some: the U.S. Department of Labor (DOL) tallied 3.1 million nonfatal workplace injuries and illnesses in 2010 among private sector firms, down from 3.3 million reported incidents the previous year. That made for an incidence rate of 3.5 cases per 100 full-time workers last year, according to a recent report from the U.S. Bureau of Labor Statistics."

Unfortunately, the statistics for the public sector are not as encouraging, reporting 5.7 cases (per 100 workers) among full-time state and local employees with the majority attributed to local government employees. Of these injuries, a little less than half are strains and/or sprains across all injuries which is pretty common. Most years those types of injuries account for around 40 percent of all reported workplace illnesses and injuries.

So which specific industries carry the highest workplace risk for 2010? 

1. Health Care / Social Assistance: This sector employs more individuals than any other category, with over 16 million workers. For this reason, experts including representatives from the Occupational Safety and Health Administration (OSHA) are concerned with the high rate of injuries and illnesses. As a result, OSHA will be launching the National Emphasis Program on Nursing Home and Residential Care Facilities sometime in early 2012. 

"Within this group, workers at nursing and residential care facilities experienced the highest rate of workplace injuries and illnesses, with 8.3 incidents per 100 employees, while hospitals saw an incidence rate of 7.0 per 100 employees. Ambulatory health care services and social assistance were more in line with the cross-industry average, with incidence rates of 2.8 and 3.5, respectively," according to the article.

2. Transportation / Warehousing: Representing 3.9 million workers, with an average of 5.2 cases per 100 workers. However, the number for individuals working in air transportation (which is included in this sector) was significantly higher - 8.1 injury and illness cases. Additionally, couriers and messengers also saw elevated cases of 7.2 per 100. Falling under the segment average were pipeline transportation and rail transportation, with 2.5 and 2.0 cases per 100.

3. Arts & Entertainment: The industry including arts, entertainment and recreation came in at just over 2 million workers in 2010 with 4.8 injury cases per 100 reported. On the more injury-prone end of this segment were "performing arts, spectator sport and related industry" workers (6.7 / 100 incidents); the "safest" workers were those in the amusement, gambling and recreation industries (4.3 / 100 incidents).

4. Forestry, Fishing, Hunting and Agriculture: With under 1 million workers (967,800) this is one of the smallest segments but the high incidence rates of 4.8 injury cases per 100 employees made it noteworthy. Surprisingly, forestry and logging workers have the lowest rate of injury or illness among occupations in the industry at just 3.6 / 100.

5. Manufacturing: With 11.4 million workers - making it the third most populous industry - manufacturing is the only industry who showed a slight increase in injury and illness incidence between 2009 and 2010 from 4.3 to 4.4 / 100. Beverage and tobacco, primary metal and wood product manufacturing are the riskiest within this industry segment, all with injury cases above 6 per 100 workers.

In conclusion, injuries are significantly more prevalent than illnesses, according to the BLS statistics. While for reporting purposes they are combined, in 2010 95 percent of the incidents reported were injuries - around 2.9 million. 

"We are encouraged by the reported decline in incidence rates for workplace injuries and illnesses, which is reflective of the joint effort of government, business, unions and other organizations," Labor Secretary Hilda Solis said in a statement. "Nevertheless, 3.1 million injuries and illnesses in the workplace is too high. Serious injuries and illnesses can knock a working family out of the middle class. Workers should not have to sacrifice their health and safety to earn a paycheck."

If you have sustained a work injury, do not wait until it is too late or sacrifice your health and safety - contact a work injury attorney in Illinois or your area right away. 

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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12 Facilities Receive One Third of All IL Worker's Compensation Awards

 Sunday, December 04, 2011
The Chicago Tribune reports, "Workers filing on-the-job injury claims at just a dozen state institutions clustered in southern Illinois collected nearly one-third of the total $127 million awarded in recent years for permanent impairment under Illinois' troubled workers' compensation system."

Menard Correctional Center in Chester received the most between 2007 and 2010 - to the tune of $19 million in long-term benefits - according to an Associated press analysis of state records and subsequent study. The institution is now under investigation - three fraud investigations, in fact - into their injury claims process.

The study found a strikingly similar pattern of payouts at 11 other facilities within an 80 mile radius of Menard Correctional Center including mental health and development centers, juvenile detention centers and prisons. The twelve state facilities received $40.7 million over the four year period in question for injured worker' long-term impairment.

Contribution to the significant number of awards in a relatively small, concentrated part of the state likely has to do with a few factors: an employee culture where injury claims beget more injury claims, questionable decisions made by state-employed arbitrators (now under federal investigation) and a state government that may not have contested claims strongly enough due to lack of resources.

"The arbitrators deciding injury compensation were instrumental. Nine in 10 of the claims receiving long-term benefits at the southern Illinois facilities were assigned to just three arbitrators, who oversaw payment of $34 million. The three arbitrators were named in subpoenas by two U.S. attorneys seeking e-mail and other computer information. None was reappointed when Gov. Pat Quinn named new arbitrators this fall in response to the legislative overhaul of the system," reports the Chicago Tribune.

Illinois attorney general chief of staff Anne Spillane has indicated that Illinois "never gave up defending as vigorously as possible" compensation cases. Instead, arbitrators generally paid higher awards for repetitive stress injuries than elsewhere in the state. Oftentimes, claims were decided based on past cases rather than evidence provided by the state.

Additionally, Illinois has "very low criteria" for proving causation - how your job function contributed to or caused your work injury, according to Ms. Spillane.

When the above factors were combined, it appears that it created a situation where work injury compensation awards created additional claims. Employees saw coworkers receiving workers compensation awards and benefits for work related injuries and opted to file their own claim with the hopes of receiving workers compensation benefits.

Lastly it ought to be noted that a majority of the claims may have been legitimate. "The American Federation of State, County and Municipal Employees, the union representing most of the employees, defended legitimate compensation for injuries at work in prisons and mental health hospitals. 'That work is difficult, it is physically intensive, and it can be dangerous, and people get hurt,' spokesman Anders Lindall said," according to the Trib.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.
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