Illinois Work Injury Blog

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.

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. To find out more about our disclaimer click here.

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.

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. To find out more about our disclaimer click here.

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.

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. To find out more about our disclaimer click here.

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.

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. To find out more about our disclaimer click here.

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.

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. To find out more about our disclaimer click here.

Workplace safety is not always easy to attain, and even in the seemingly most benign work environments, injuries can occur. In some cases, protection for employees and avoiding work injury is not the first concern of an employer. Sometimes it takes courageous employees to step forward and report a dangerous work environment.

In these cases, the Occupational Safety and Health Administration (OSHA) administers a whistle blowing protection program which prohibits any individual from dismissing or retaliating in any fashion against any employee because the employee has exercised their rights under the Occupational Safety and Health Act of 1970 (OSH Act).

According to the U.S. Department of Labor, the OSH Act exists to “...assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.”

Rights afforded by the OSH Act include:

●        Employee participation in safety and health activities, such as complaining to OSHA and seeking an OSHA inspection

●        Participating in an OSHA inspection

●        Participating or testifying in any proceeding related to an OSHA inspection

●        Reporting a work-related injury, illness, or fatality

There are twenty other whistle blowing protection statutes administered by OSHA which serve to protect employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

To File a Complaint:

A complaint regarding retaliation filed with OSHA must allege that the complainant engaged in a protected activity, the respondent knew about that activity, the respondent subjected the complainant to an adverse action, and the protected activity motivated or contributed to the adverse action. An adverse action is defined as any action that would dissuade a reasonable employee from engaging in protected activity.

Depending upon the circumstances of the case, "adverse" actions can include:

●        Firing or laying off

●        Blacklisting

●        Demoting

●        Denying overtime or promotion

●        Disciplining

●        Denial of benefits

●        Failure to hire or rehire

●        Intimidation

●        Making threats

●        Reassignment affecting prospects for promotion

●        Reducing pay or hours

If you believe your employer has discriminated against you because you exercised your safety and health rights or other protected activity, contact your local OSHA Office right away. Most discrimination complaints fall under the OSH Act, which gives you only 30 days to report discrimination. Your safety and the safety of others often depend upon the willingness to step forward and identify actions which disregard protection for employees.

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. To find out more about our disclaimer click here.

When working with hazardous chemicals is part of your job, it is critical that you to know the risks you face with each chemical you use. The range of injuries due to chemical exposure can vary widely, such as a factory worker overcome by fumes from a chemical spill, to the virtually unnoticed constant exposure to the supposedly safe chemicals found in the products and places of a typical office environment. In these extremes, and every point in between, chemical injury can result in a debilitating condition of chronic chemical sensitivity or other chemical environmental illness which threaten at work health. This guide will outline the kinds of injuries that chemicals can cause, types of chemical exposures and their effects, and factors that influence the severity of exposure.

Know your chemicals and their characteristics

Chemicals can vary greatly in their level of toxicity, so three factors must be considered at all times:

1. Amount of chemical
2. Frequency of exposure
3. Duration of exposure

For example, Acutelytoxic chemicals can injure after a single exposure, while other chemicals only cause harm after repeated exposures. Being aware of which chemicals are toxic only when exposure is repeated or prolonged can help you protect yourself from this dangerous group of substances that injure without immediately obvious symptoms.

Chemical characteristics can determine exposure level

●        Chemicals can enter the bloodstream through the skin, eyes, mouth and, most frequently, the lungs. Know which routes of entry are at risk and always use protective equipment to prevent those kinds of exposures.

●        Extremely volatile chemicals evaporate very readily, and thus may contaminate the air you breathe more easily than other chemicals do. If a chemical is flammable it may be an extreme fire or explosion hazard as well.

●        Corrosive or highly reactive chemicals are acutely toxic and will injure skin, respiratory passages or eyes on contact immediately.

●        If you are not aware of the hazards that the chemicals you use at work present, consult your Material Safety Data Sheet (MSDS) for information on the physical characteristics of these chemicals which may threaten your at work health.

Kinds of Reactions

If you are exposed to a hazardous chemical, you can expect one of two kinds of reactions: local or systemic reactions.

●        Local reactions occur at the place where the exposure occurred. For example, breathing dangerous chemical vapors may injure lungs and respiratory passages, while swallowing such chemicals can damage your mouth, esophagus, stomach and intestines.

●        Systemic reactions are a response to chemical exposure that affects the whole body. These illnesses may cause symptoms in one or two areas, but the whole body can be affected. They may be immediate but often are delayed: You may not even know you have been exposed until the chemicals have done severe damage.

Know the dangers which put your at work health at risk

●        To protect yourself from unexpected work injury from a hazardous chemical, refer to the MSDS to educate yourself about that chemical. The guidelines will list the signs and symptoms of chemical toxicity for both local and systemic reactions as well as the target organs and primary routes of entry.

●        Always use personal protective equipment and be sure to follow safety guidelines appropriate for the chemical. And avoid relying on your memory or tips from co-workers: Review the MSDS if you have any doubts about the dangers of any chemical.

However, if you have suffered a hazardous chemicals related exposure, or any other work related injuries in Chicago, Illinois request a Free Case Evaluation  -Call Toll Free 1-888-460-4878.

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. To find out more about our disclaimer click here.

"The Illinois Department of Labor is investigating the Cook County morgue after the agency received an anonymous complaint about unsafe conditions, an official said today," according to the Chicago Tribune.

The complaint, as well as photographs of the morgue that have been leaked to the press, indicate that human remains at the Cook County morgue have not been properly stored or cared for.

The Illinois Department of Labor, which is in charge of investigating complaints and work conditions for all public employees in the state, has received five complaints regarding working conditions at the Cook County morgue since 2010.

Unsafe Work Conditions

Whatever your profession, the Occupational Health and Safety Administration (OSHA) mandates that your employer provide a safe working environment. In fact, OSHA standards dictate that

"Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:

• Ask OSHA to inspect their workplace;
• Use their rights under the law without retaliation and discrimination;
• Receive information and training about hazards, methods to prevent harm, and the • OSHA standards that apply to their workplace. The training must be in a language you can understand;
• Get copies of test results done to find hazards in the workplace;
• Review records of work-related injuries and illnesses;
• Get copies of their medical records;"

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. The Illinois Workers Compensation Act spells out workers rights and what employees are entitled to. An experienced attorney will work with you to understand these rights and help you file a claim if your rights have been violated or if your workers comp benefits have been delayed or denied.

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. To find out more about our disclaimer click here.

Reportedly at the repeated request of employees, Walt Disney world has amended their dress code. The new policy, which will take effect on February 3, allows theme park workers to grow beards - a first for the company in the 60 plus years the theme parks have been operational.

The Chicago Tribune reports, "It is one of two notable changes Disney is making to "The Disney Look" — the clean-cut, all-American appearance that Disney has demanded of its theme-park employees from the day its original theme park, Disneyland, opened in 1955. The rigid code was instituted by Walt Disney himself, who wanted to distinguish his theme park from the sleazy carnivals of the time."

Another amendment to the dress code includes the addition of "casual Fridays" for employees who are out of the public eye and do not have interactions with theme park "guests." The latest "Disney Look" amendments follow other changes in recent years; in 2000 employees were allowed to have mustaches for the first time and two years ago the company stopped making pantyhose mandatory. The latter was more practical than fashionable; wearing pantyhose in the middle of summer was often hot and uncomfortable for employees.

Workers Rights | Dress Code Restrictions

Company dress codes are in place to be enforced. It is not a violation of workers rights to ask employees to adhere, provided that the dress code is enforced company-wide. Otherwise, by singling out an individual employee, red flags might be raised regarding possible harassment.

As an example, if the dress code does not address "fit" but a particular manager requests that an employee wear tighter clothing as per the dress code, that employee will likely feel like they are being harassed or that their workers rights have been violated.

The best way to avoid confusion is to adhere to the dress code. If you are notified that you are in violation of the dress code, ask for it in writing. Lastly, if you feel you are being targeted unfairly, singled out or harassed over your work attire, you should speak with an Illinois workers rights lawyer for assistance.

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. To find out more about our disclaimer click here.

While telecommuting has become increasingly popular over the past decade, a new report indicates that telecommuting may have hit a wall.

"It's true that telework reduces pollution, improves productivity, and cuts real estate costs for employers while increasing retention and employee loyalty. But no matter how advanced the technology, something is lost when face-to-face contact disappears. Indeed, a new report found that the number of teleworkers declined in 2010 for the first time since data collection began nearly a decade ago. While there's no denying that telecommuting can provide tremendous benefits, organizations are finding that virtual collaboration has its limits," reports CNN Money.

Those who have experience telecommuting sometimes feel disconnected from coworkers, particularly if they have never met their coworkers in person. It does not feel the same to introduce yourself via email or webcam as it does to meet in person. As a result, you may not build a working relationship with others as quickly or as solidly as if you were physically in the same place.

Part of the reason for the disconnect is that coworkers in a traditional office setting often meet needs not related to work - friendship and socializing. You may have a coworker or group of coworkers who you go out for coffee or lunch with, strengthening your relationship in a way that you would not if you were co-telecommuters.

One way you can try to combat the isolation that you may be feeling is by coming into the office from time to time. It will help you introduce yourself to new faces and reconnect with coworkers. It can also be a nice change from the monotony of telecommuting.

Additionally, there are some industries that are not conducive to remote work or telecommuting. However, to try to meet employees needs, they are flexible in ways they can be. For example, allowing employees to choose their own hours or even work days and job sharing are two ways to offer workers some flexibility around when they work if they can't control where they work.

Regardless of where you are putting your time in every day, it is important that you are following all safety standards and practices - especially ergonomics - to prevent against work injury. You should also take regular breaks to avoid stress or injury from repetitive motion. This is an additional benefit to working in an office setting, as employers are more likely to remind employees of safety standards and procedures in an office or physical company-operated facility.

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. To find out more about our disclaimer click here.