Do I Have A Case? Contact Us Toll Free 24/7 (888) 460-4878

Or Fill Out the Form Below
For A Free Case Evaluation

Enter text from image below
Captcha Image
Get Help Now

Illinois Work Injury Blog

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

Rotator Cuff Tears: A Common Shoulder Injury

 Wednesday, April 04, 2012

Your rotator cuff is made up of muscles and tendons in your shoulder and these muscles and their tendons stabilize the shoulder joint. This flexibility of your rotator cuff along with frequency of how often you use it means that it is very susceptible to a tear, resulting in a shoulder injury.

A rotator cuff tear is a very common type of shoulder injury, and is a leading cause of disability among adults. In 2008, close to 2 million people in the U.S. had enough pain or weakness in their rotator cuff to visit a doctor. With this type of shoulder injury, daily activities as simple as reaching for a box of cereal or brushing your hair may become painful and difficult to do.

Some common symptoms of a rotator cuff injury include:

  • Consistent pain in the shoulder joint area, especially noticeable if laying on the affected shoulder
  • Shoulder pain while lifting and lowering your arm
  • Weakness when lifting or rotating your arm
  • A crackling sensation occurs when moving your shoulder in specific positions

Shoulder joint injuries, or rotator cuff injuries, are caused by two main factors: Injury and Degeneration.

Injury: You can tear your rotator cuff if you have a sudden or awkward fall or lift something heavy with a jerking motion. This type of injury can be very common in the workplace where physical activity is the norm.

Degeneration: The tendons in the shoulder may also simply break down naturally over time with sustained use. Individuals who are over 40 are at a greater risk of this type of shoulder injury. If your job requires repetitive lifting or overhead activities, for example if you are a painter, carpenter, or electrician you would have a greater chance to sustain a rotator cuff tear. Anyone who plays or has played a sport are at a heightened risk also, especially baseball and tennis players.

Treatment: If the shoulder injury is not treated by a doctor or with shoulder exercises, the pain and weakness may become more noticeable even without use, especially if you sleep on the affected shoulder. However, there are several courses of action you can take to remedy your shoulder issues.

Pain and shoulder functionality improve in about half of patients who have received nonsurgical treatment. Unfortunately it is very unlikely that shoulder strength will improve without surgery.

Some common shoulder injury treatments include:

  • Limiting activities that could aggravate your rotator cuff can help. While this may include time off from work, the benefits could alleviate the pain.
  • Modify activities that have been leading to shoulder pain.
  • Shoulder exercises and physical therapy can reduce pain, restore movement and strengthen your shoulder. Most shoulder exercise programs work to increase flexibility and range of motion through various stretches.
  • Medications like ibuprofen and naproxen can reduce pain and swelling in your injured shoulder.
  • If the treatments above are not relieving your shoulder pain, local anesthetic and a cortisone shot may work as a last resort. Cortisone is a very effective anti-inflammatory medicine.
  • Finally, your doctor may recommend surgery if your pain does not improve with shoulder exercises or other nonsurgical methods. If pain has not subsided and your livelihood depends on the functionality of your shoulder joints, your doctor may not be as hesitant to recommend surgery. Surgery to repair a torn rotator cuff usually means reattaching the tendon to the bone on your upper arm.

The expense involved in treatment for rotator cuff injuries can be extensive, with potential surgery, physical therapy and medication. You may even miss work, which would mean lost wages and sick time. If you are suffering from a workplace rotator cuff injury or other shoulder injury in Chicago, you might want to consider consulting with a workers' compensation attorney. They can discuss your benefit and compensation 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.

Comments (0) | Trackbacks (0) | Permalink

Prevent Hearing Loss: Protect Your Ear Health in the Workplace

 Monday, April 02, 2012

Hearing loss associated with workplace noise is preventable and once your hearing is gone, it is impossible to restore. Workers should be protective of their hearing, and so hearing health at the workplace continues to be a critical issue. Many workers make their living in environments where they are constantly exposed to noise which can threaten their hearing.

According to OSHA, “Since 2004, the Bureau of Labor Statistics has reported that nearly 125,000 workers have suffered significant, permanent hearing loss. In 2009 alone, BLS reported more than 21,000 hearing loss cases.”

This makes noise-induced hearing impairment one of the most common occupational issues and the second most self-reported occupational illness or injury. The CDC has reported on just how widespread hearing loss is in some professions:

  • 44% of carpenters and 48% of plumbers reported that they had a perceived hearing loss.
  • 49% of male, metal/nonmetal miners will have a hearing impairment by age 50 (vs. 9% of the general population) rising to 70% by age 60.

Other industries also have elevated noise levels that workers are frequently exposed to as well, including: agriculture, mining, construction, manufacturing, transportation, and the military. However, this does not mean that many other industries and professions do not risk their hearing health in the workplace every day. Unfortunately, it is still very difficult to tell who is getting injured, where they are losing their hearing, and how often job-related hearing loss happens as there is no national injury reporting system for hearing impairment.

Things that employers can do to protect workers' ear health:

  • Remove hazardous noise from the workplace through engineering controls, like installing mufflers or building acoustic barriers.
  • Implement programs which analyze workplace noise levels and how it will affect workers' ear health. This should include noise assessments, engineering controls, monitoring of workers' hearing, require hearing protectors, worker education, record keeping, and program evaluation.
  • Supervisor involvement: many employees don't wear hearing protectors or undergo hearing tests if their supervisors aren't committed to efforts, both of which can prevent workplace hearing loss.

How workers can protect their ear health:

  • Wear expandable foam plugs, which are designed to expand, conforming to the shape of each person's ear canal.
  • Use pre-molded plugs made from silicone, plastic or rubber. These reusable devices are available as "one-size-fits-most" or in several sizes.
  • Canal caps are similar to earplugs, but come on a flexible plastic or metal band.
  • Wearing earmuffs may be the best form of protection, as they block out noise completely by covering the entire outer ear.

Hearing loss in the work place is a serious problem with painful consequences, but damage can be easily be prevented. Be proactive in approaching ear health to minimize your liability and risk. However, If you have already experienced work-related hearing loss or impairment, you should contact an experienced workers compensation attorney. Lawyers with significant expertise in workers compensation benefits 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.

Comments (0) | Trackbacks (0) | Permalink

Numbness in the Fingers at Work? Numbness in the Arm? Carpal Tunnel May be the Culprit

 Saturday, February 25, 2012

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.

Comments (0) | Trackbacks (0) | Permalink

World Trade Center Site Accident Avoids Work Injury

 Thursday, February 16, 2012
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.


Comments (0) | Trackbacks (0) | Permalink

Investigation into Unsafe Conditions at Cook County Morgue

 Tuesday, January 31, 2012
"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.

Comments (0) | Trackbacks (0) | Permalink

Does Workers' Comp Apply When Working From Home?

 Tuesday, January 24, 2012
As an increasing numbers are spending at least part of their work week telecommuting or working from home, employees may begin to question whether workers' compensation benefits are extended to their home office. The answer? Possibly.

If you are injured while performing your job function, you are likely entitled to workers' compensation benefits - even if you are working from your home office or other off-site location. If you are injured while working, and you can prove that the injury was a result of or occurred during a work-related task, you may file a workers' compensation claim.

Unfortunately, workers' compensation claims can be tedious and are further complicated when employees are not working in a corporate office environment. For this reason, it is important for telecommuters to keep good records and clearly separate their work and leisure time when working from home or alternate location. This is also important for workers who spend all or some of their time on the road - primarily sales people.

In fact, there was a case where a traveling saleswoman - Liana Leordeanu - was in a near-fatal car accident in Austin, TX. However, "when she applied for workers' compensation insurance benefits for the accident, Leordeanu was denied — even though she was on company business, traveling in a company-provided car toward her company-furnished office," reports the Austin American-Statesman.

According to the insurance company, and an Austin court, the trip was not 100% work-related because Ms. Leordeanu's return to her home office also meant she was returning home for the evening. The woman appealed the case, which went to the Texas Supreme Court. Ultimately, the court ruled in Ms. Leordeanu's favor and determined that she was, in fact, eligible for workers' compensation benefits.

If you have sustained a work related injury, you should speak with a qualified workers compensation attorney - particularly if you have been injured while working from home or another off-site location. At The Law offices of Dworkin and Maciariello, our workers compensation lawyers have extensive knowledge of Illinois workers compensation act and workers rights. Our experienced Illinois workers compensation lawyers fight diligently for your recovery to get the justice you deserve.

Article provided by

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.

Comments (0) | Trackbacks (0) | Permalink

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

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

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

Workers' Compensation vs. Disability Insurance

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

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

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

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

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

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

Comments (0) | Trackbacks (0) | Permalink

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

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

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

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

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

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

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

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

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

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

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Dworkin & Maciariello shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.
Comments (0) | Trackbacks (0) | Permalink

1