Illinois Work Injury Blog

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:

1. Businesses with fewer injuries and illnesses are less likely to be inspected by OSHA
2. They have lower workers’ compensation insurance premiums
3. 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:

1. Assess the reporting behavior of workers that are injured, ill, or exposed to a harmful substance at work
2. Characterize the chronic aspects of work-related injuries or illnesses
3. Estimate the prevalence of work-related chronic injuries and illnesses among United States workers treated in EDs.
4. 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.

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.

 

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.

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:

1. 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.
2. 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.
3. Fall to lower level: These vertical falls are rising employers' workers compensation costs by $5.35 billion.
4. 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.
5. 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.

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.

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.

"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.

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.