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.

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

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

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

Rights afforded by the OSH Act include:

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

●        Participating in an OSHA inspection

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

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

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

To File a Complaint:

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

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

●        Firing or laying off

●        Blacklisting

●        Demoting

●        Denying overtime or promotion

●        Disciplining

●        Denial of benefits

●        Failure to hire or rehire

●        Intimidation

●        Making threats

●        Reassignment affecting prospects for promotion

●        Reducing pay or hours

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

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

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

Know your chemicals and their characteristics

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

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

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

Chemical characteristics can determine exposure level

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

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

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

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

Kinds of Reactions

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

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

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

Know the dangers which put your at work health at risk

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

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

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

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

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

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

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

Unsafe Work Conditions

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

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

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

If you believe your workers rights have been violated by your employer, you should contact an experienced Illinois workers compensation attorney. There are lawyers with significant expertise in workers rights and workers compensation benefits who can explain your options. The Illinois Workers Compensation Act spells out workers rights and what employees are entitled to. An experienced attorney will work with you to understand these rights and help you file a claim if your rights have been violated or if your workers comp benefits have been delayed or denied.

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

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

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

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

Workers Rights | Dress Code Restrictions

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

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

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

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

Electronics company Plantronics wants their employees not to come into the office. Why? Because the headset manufacturer believes that telecommuting can provide flexibility and productivity benefits over coming into the office each day. As a result, they have designed their new corporate headquarters around the idea that the majority of their employees will be out of the office - working from home - more days than not. In fact, they do not even have enough desks for every employee to be there at the same time.

Fast Company reports,"Plantronics is hardly the first company to encourage its employees to telecommute, but it’s still rare to find an organization that’s so dedicated to the idea. It might be a little bit of an adjustment to people used to sitting at work all day every day, but the generation just coming out of school–the one that’s used to having instant access to people through cell phones, Skype, and email–expects nothing less. With gas prices steadily climbing, the prospect of working remotely three days a week seems especially attractive.

And Plantronics has no limits on how often employees work from home–it just asks that they make sure their home workplaces are ergonomically safe."

More and more companies are trying out telecommuting, and with good reason. The two primary reasons telecommuting is gaining popularity are:

1. Workers' Wants: As the aging baby boomers are eased out of the workforce and replaced by Gen Y and younger generations, expectations about telecommuting are changing. The new generations of workers have always had computers and cell phones, and are used to being mobile and "plugged-in." Many prefer to telecommute as a result.

2. Travel Expenses: The cost of commuting is rising with energy costs. If energy costs do not stabilize, employees who are not able to work from home at their current job may look for jobs closer to home or with more flexibility. It is likely that any pay cut will be at least partially offset by the savings in commuting costs.

In spite of concerns about employee productivity, studies show that workers feel empowered by the freedom to complete work tasks where and when they choose. By enabling them to work in a comfortable environment and time frame, employers are reaping the benefits of maximum productivity and at the same time eliminating costly overhead for maintaining physical office space for all employees.

One important factor that is largely overlooked with telecommuting, however, is ergonomics. When a company controls employees' working enviroment, they can ensure that each employee's workspace is ergonomically correct to avoid work injury. With telecommuting, it is important for the employee to understand the importance of setting up their home office with ergonomics in mind to prevent work injury. For example, an ergonomically correct home office requires

• Proper height and distance of the computer monitor to avoid neck pain and eye strain.
• Adjustable chair with attention paid to the correct chair height and angle from the floor and work top.
• Keyboard placement and support to avoid carpal tunnel syndrome.

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.

The Wall Street Journal reports, "Companies are trying to bring more play to the workday. Striving to make everyday business tasks more engaging, a growing number of firms, including International Business Machines Corp. and consulting firm Deloitte Touche Tohmatsu Ltd., are incorporating elements of videogames into the workplace.

They're deploying reward and competitive tactics commonly found in the gaming world to make tasks such as management training, data entry and brainstorming seem less like work. Employees receive points or badges for completing jobs or meeting time limits for assignments, for example. Companies also may use leaderboards, which let players view one another's scores, to encourage friendly competition and motivate performance, experts say."

This is just the latest way that employers are trying to motivate employees and up productivity utilitzing "outside of the box" thinking. Other examples of employers trying to add a little fun into employees' workdays include:

• On-site Fitness Centers: Most large companies have a fitness center on-site or offer a fitness benefit to employees. But many stop short of actually encouraging employees to utilize the facilities. Employers who take the next step and make physical activity part of the corporate culture will likely reap the benefits - healthier, more relaxed and productive employees.

• Flex-time: As we mentioned last month, many companies are now offering telecommuting and flexible hours to employees. And the results are positive.

• Community Outreach: Many companies have community service days or encourage some type of community outreach on the company's dime. It gives employees a chance to feel fulfilled and connect with their community without sacrificing time or their paycheck - which might otherwise be barriers to doing so.

• Free Food: Providing free good quality food to employees can make their lunch and coffee breaks that much more enjoyable.

• Travel Perks: As a reward for working hard, many companies offer perks or incentives that let employees play hard - utilizing company resources like corporate apartments or company transportation for their leisure time.

These are just a few examples of ways that employers can show their employees that they are valued and encourage them to take breaks and have fun to increase productivity. While not all of the above are feasible in all industries, the basic idea is the same: keep your employees happy and they will likely work harder.

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.

"United Parcel Service pilots went to court Thursday hoping to make the government include them under new rules designed to ensure airline pilots aren't too sleepy to fly.

Their union, the Independent Pilots Association, filed a lawsuit against the Federal Aviation Administration one day after the new rules for passenger airline pilots were announced. Cargo carriers are exempt from the rules. The union wants the court to tell the FAA to reconsider including them, too," reports the AP via Yahoo.

In spite of not being included in FAA regulations, it is hoped that UPS and other cargo carriers will voluntarily adopt the same standards for their pilots. Transportation Secretary Ray LaHood intends to meet with representatives from the top cargo carriers to encourage them to do so.

For their part, UPS appreciates being excluded from the ban even if their pilots do not. A spokesman for the company has indicated that "One size has never fit all when it comes to crew rest regulations. UPS believes the FAA has recognized this fact and made an appropriate decision in its new rule."

Pilot Fatigue and Work Injury

Pilots have a high-stress work environment due to the number of lives they are responsible for transporting during one shift and the fact that one error can have catastrophic consequences. For this reason, it is particularly important that pilots are well rested and in good shape to avoid work injury. In addition to getting enough sleep between shifts, it is also recommended that pilots take the following steps to avoid fatigue while piloting aircraft:

• Stay hydrated - water is best
• Eat high protein meals and snacks to keep energy up, avoiding sugary items
• Stretch and move about the air craft from time to time if possible
• Control the temperature in the flight deck, keeping it cool to stay alert
• Drink beverages with caffeine for a boost of energy if necessary
• Converse with other crew members

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.

"The government told passenger airlines Wednesday they'll have to do more to ensure pilots aren't too tired to fly, nearly three years after the deadly western New York crash of a regional airliner flown by two exhausted pilots.

The Federal Aviation Administration's update of airline pilot work rules, some of which dated to the 1960s, reflects a better understanding of the need for rest and how night shifts and traveling through time zones can increase errors," reports the AP via Yahoo!

The changes come after several years of safety advocates requesting changes to FAA rules regarding pilot work and sleep schedules. Previous attempts have all failed due to an inability for the airlines and pilot unions to reach a mutual agreement.

The catalyst prompting this latest push to make rule changes was a 2009 plane crash in Buffalo that left 50 people dead. Following the crash, family members of the deceased have been pushing hard for stricter regulations aimed at avoiding pilot fatigue, which is believed to be one of the causes of the crash.

The new regulations will:

• Limit maximum time a pilot can be scheduled to be on duty to 9-14 hours, depending on the time of day the pilot began flying and the number of times zones he or she crossed.

• Limit the maximum amount of time a pilot can be schedule to fly to 8-9 hours, with a minimum of 10 hours of rest in between duty periods.

• Increase the minimum amount of time off between work weeks by 25 percent.

• Limit how many hours per month pilots are allowed to fly, depending on the time of day the pilots are flying. Overnight pilots will be allowed to fly fewer hours per month than pilots who fly during the day.

Airline carriers have two years to adopt the new regulations. At this time, cargo carriers are not included in the new rules because the cost-benefit analysis of forcing cargo carriers to reduce their pilots allowed hours compared with safety benefits is not favorable.

Pilots unions are not pleased with this exemption, as they have pointed out that allowing fatigued cargo pilots to share skies with rested pilots is still a risk. "A tired pilot is a tired pilot." Nevertheless, the FAA has estimated that the new regulations, even without the inclusion of cargo carriers, will prevent approximately 1.5 accidents - an average of six deaths - per year while improving pilot health. Incidents of pilot stress and work injury will likely decrease as well.

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.