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.

"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.

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.

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.