Illinois Work Injury Blog

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.

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.

  

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.

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.

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.

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.