Chicago Workers Compensation Lawyer Blog

Chicago Construction Accident: Worker Sustains Serious Brain Injuries in Fall Accident at Calumet Water Reclamation District Plant

Thu, 28 Apr 2011 18:00:45 -0600

A 50-year-old worker has sustained serious injuries in a Chicago construction accident at the Calumet Water Reclamation District Plant. Jeff Andrews fell 20-feet down a hole on April 21, 2011.

Officials say that he slipped off the top of a ladder to land on a coworker, who also got hurt. Chicago Fire Commissioner Robert Hoff says there was a lot of mud and clay, which made for sliperry conditions. A “stoke” basket was used by rescuers to lift the two men. Andrews, who sustained multiple head injuries, could not undergo surgery immediately because his condition was too unstable.

Construction Falls
Construction falls have been known to occur from roofs, scaffolding, cranes, ladders, floors under construction, through skylights and from other elevated heights. Workers injured in construction falls may sustain suffer head injuries, spinal cord injuries, brain injuries, broken bones, and other serious (and possibly fatal) injuries.

If you or someone you love was hurt in a fall accident at a construction site, you should speak with an experienced Chicago construction accident law firm right away. In addition to your Illinois workers’ compensation benefits through your employer, you also may be entitled to injury compensation from other parties. There are a number of parties involved in the project who may be liable for your injuries.

Construction companies, contractors, and others involved with a building project know how dangerous the work can be. It is their job to make sure that the proper safety precautions are in place to prevent serious injury accidents and deaths. Unfortunately, many construction workers continue to be involved in catastrophic work accidents every year.

A construction worker who is seriously hurt may not be able to go back to work again. Such injuries can take a financial toll on the injured worker and his/her family. You should receive the compensation that you are owed.

Workers Fall Into Hole At Water Reclamation Plant, CBS Chicago, April 21, 2011

Construction Worker Suffers Serious Head Injury in Fall at Chicago Water Plant, Justice News Flash, April 22, 2011

Related Web Resources:
Construction Accidents, Justia

Preventing Fatal Falls in Construction, US Department of Labor

Proposed Illinois Workers’ Compensation Requirement that Workers Must Prove Injuries are Job-Related is Rejected by the Senate

Tue, 19 Apr 2011 23:39:10 -0600

The State Senate has voted against a plan by Republican lawmakers that would require workers to prove that their employer was at least 50% responsible for the injuries they sustained on the job in order for him/her to be able to obtain Illinois workers’ compensation benefits. The bill, SB1349, was defeated with a 25-6 vote. 28 senators submitted a “present” vote.

Currently, with Illinois as a “no fault” state when it comes to receiving work injury benefits, it doesn’t matter who or what caused the injury, illness, or death as long as it is work-related. While Republicans believed the proposed requirement would protect businesses from having to pay for fraudulent claims, Democrats have said that this would allow employers to regularly challenge work injury claims and delay legitimate payments owed to workers.

Also rejected in the bill were proposals to:
• Reduce the rates paid to medical providers by 30%.
• Hand over to employers the authority to decide which doctor a worker should go see.
• Deny workers’ compensation benefits for injuries where alcohol or drugs were a factor.

Our Chicago workers’ compensation lawyers are here to make sure that our clients receive all of the work injury recovery that they are owed. Injured workers cannot sue their employers for Chicago personal injury. Right now, their only means of obtaining compensation for their work injuries is by filing a claim and having their company’s insurer pay them benefits and cover their related medical expenses. Unfortunately, there are insurers that will try to deny an injured worker his/her benefits.

Historic Reform of Illinois Worker's Compensation Fails to Pass Senate, Chicago Now, April 15, 2011

Illinois Senate Rejects Workers’ Compensation Changes, Insurance Journal, April 18, 2011

There's still hope': McCarter says Democrats thwarted workers comp reform, but he'll press on, BND, April 16, 2011

Related Web Resources:
Illinois Governor Pat Quinn

Workers' Compensation Benefits, Nolo

Illinois Workers' Compensation Commission

SB1349, Illinois General Assembly

More Blog Posts:
llinois Workers’ Compensation: House Passes “Uhl’s Law” that Denies Benefits to Employees Who Get Hurt When Committing a Felony, Chicago Workers' Compensation Lawyer Blog, April 14, 2011

House Considers Eliminating Illinois Workers’ Compensation System, Chicago Workers' Compensation Lawyer Blog, April 14, 2011

House Considers Eliminating Illinois Workers’ Compensation System, Chicago Workers' Compensation Lawyer Blog, April 8, 2011

Federal Government Investigating State’s Handling of Its Own Employees' Illinois Workers’ Compensation Claims, Chicago Workers' Compensation Lawyer Blog, March 31, 2011

Illinois Workers’ Compensation: House Passes “Uhl’s Law” that Denies Benefits to Employees Who Get Hurt When Committing a Felony

Thu, 14 Apr 2011 14:28:13 -0600

The Illinois House of Representatives has passed what will be know as “Uhl’s Law,” which is an act that prevents workers from receiving workers’ compensation benefits for injuries sustained while committing a felony. The Illinois senate passed a similar bill yesterday by a 59-0 vote.

The act is named on behalf of teen sisters Kelli and Jessica Uhl who were killed in a 2007 car crash on Interstate 64 after the vehicle in was struck by a squad car driven by Illinois State Trooper Matt Mitchell, who was using his cell phone and driving at a speed of about 126 mph at the time.

Mitchell would go on to plead guilty to reckless homicide. He also filed an Illinois workers’ compensation claim for injuries he sustained during the collision, which occurred while he was working. Mitchell's claim was denied, which was a decision that he appealed. His case is now before the Illinois Workers’ Compensation Commission.

Governor Pat Quinn now has to sign the bill for it to become law. However, because it is not retroactive, it would not apply to Mitchell’s Illinois workers’ compensation case.

Also up for a vote in the Illinois Senate is a reform bill that would require a claimant prove that a condition in the workplace played a greater than 50% role in the work-related injury or illness. Currently a claimant just has to prove that the work-related condition or injury could potentially lead to a medical condition or disability.

Now, more than ever, it is so important that you work with a Chicago workers’ compensation lawyer who can make sure that you receive the work injury benefits that you are owed. Employees cannot sue their employer for Chicago injury or wrongful death. With your medical costs, recovery expenses, and time off work that might otherwise result in lost wages, you need to receive your work injury benefits.

Senate passes workers' comp bill by vote of 59-0, BND, April 14, 2011

"Uhl's Law" passed, workers comp denied for those injured while committing a felony, KMOV, April 14, 2011

Related Web Resources:
Illinois Workers' Compensation Act

Illinois Workers' Compensation Commission

More Blog Posts:
House Considers Eliminating Illinois Workers’ Compensation System, Chicago Workers' Compensation Lawyer Blog, April 8, 2011

Federal Government Investigating State’s Handling of Its Own Employees' Illinois Workers’ Compensation Claims, Chicago Workers' Compensation Lawyer Blog, March 3, 2011

Review of Denied Illinois Workers’ Compensation Claim Requested by Ex-State Trooper Involved in Car Crash that Killed Uhl Sisters, Chicago Workers' Compensation Lawyer Blog, March 24, 2011

House Considers Eliminating Illinois Workers’ Compensation System

Fri, 08 Apr 2011 21:29:59 -0600

Tentative approval to end the Illinois workers’ compensation system was rendered during a voice vote of House members on Thursday. A final vote will be held soon.

Whereas now, employees are entitled to Illinois workers’ compensation recovery for injuries or illnesses sustained on the job regardless of who was at fault, without this system employers and employees would have to go to court to determine if and how much personal injury recovery was owed.

Businesses in Illinois have been complaining that workers can get workers’ compensation payments without having to provide clear evidence that an injury was sustained on the job. The state’s workers’ compensation system has also come under fire after reports that hundreds of government workers at one prison received work injury benefits.

Meantime, Gov. Pat Quinn has proposed limiting carpal tunnel syndrome payments and denying workers’ compensation to those injured at work while they were drunk. He also is calling for tougher screening before medical procedures are approved.

Having employers and employees resolve work injury disputes in civil courts could take a lot longer. It could also be more costly for everyone involved. If a worker doesn’t obtain compensation through the court system and doesn’t receive worker injury benefits, how is he/she going to pay for medical, living, and recovery expenses?

Our Chicago workers’ compensation lawyers are here to make sure that our clients receive all the work benefits that they are owed.

Ill. House may scrap workers' compensation, Bloomberg Businessweek, April 7, 2011

Representative Proposes to Eliminate Workers Compensation, Chicagoist, April 8, 2011

Related Web Resources:
Illinois Workers' Compensation Act (PDF)

Illinois Workers' Compensation Commission

More Blog Posts:
Federal Government Investigating State’s Handling of Its Own Employees' Illinois Workers’ Compensation Claims, Chicago Workers Compensation Lawyers Blog, March 31, 2011

House Votes to Audit State Employees' Illinois Workers’ Compensation Claims, Chicago Workers Compensation Lawyers Blog, March 17, 2011

State Arbitrator Tried to Keep Illinois Workers’ Compensation Hearings of Trooper Who Caused Deadly Car Crash that Killed the Uhl Sisters a Secret, Chicago Workers Compensation Lawyers Blog, February 10, 2011

Federal Government Investigating State’s Handling of Its Own Employees' Illinois Workers’ Compensation Claims

Thu, 31 Mar 2011 23:08:35 -0600

Investigators from the federal government have opened a criminal investigation into the way the Illinois government deals with its employee’s workers’ compensation claims. Prosecutors in Fairview Heights and Springfield put out subpoenas last month asking for Illinois workers’ compensation claims that its government workers have submitted since 2006. The subpoenas were sent to the Illinois Workers’ Compensation Commission, the Department of Insurance, the Department of Central Management Services, and the Department of Corrections.

The investigation comes following a report by the Belleville News-Democrat that since 389 prison employees were paid over $10 million in Illinois workers’ compensation since 2008. 230 of the claimants were guards who said they suffered repetitive-stress injuries from manually unlocking and locking the doors of prisoner cells.

One subpoena presented called for records that were any way related to Illinois workers’ compensation claims filed by workers at the Illinois Emergency Management Agency, the Department of Human Services, Central Management Services, the Department of Commerce and Economic Opportunity, the Department of Health Care and Family Services, the Department of Commerce and Economic Opportunity, and the Office of the Executive Inspector General. Emails, reimbursement documents, and personnel records related to John Dibble and Jennifer Teague, two Workers’ Compensation Commission arbitrators who were placed on paid administrative leave last month, were also requested.

Teague allegedly tried to keep the media away from the public hearing about ex-Illinois State Trooper Matt Mitchell’s worker’s compensation claim. Mitchell was the trooper whose vehicle hit two autos in November 2007, including one carrying the Uhl sisters. The Collinsville teenagers who died from their injuries. Teague would go on to deny Mitchell’s work injury claim seeking benefits. He is now appealing her decision.

The subpoenas also have requested records for arbitrator Andrew Nalefski, ex-Illinois attorney general’s office employee Bill Schneider, and CMS employee Susan J. LeMasters. Schneider dealt with Illinois workers’ compensation cases on behalf of Illinois Attorney General Lisa Madigan's office.

Illinois Workers’ Compensation
Our Chicago workers’ compensation law firm is dedicated to making sure that injured employees get all of the work injury benefits that they are owed. If you are injured on the job, your employer’s insurer should pay you Illinois workers’ compensation benefits. It doesn’t matter who was at fault.

Feds open wide-scale probe into state workers compensation claims, Chicago Sun-Times, April 1, 2011

Ia href="http://abclocal.go.com/wls/story?section=news/iteam&id=8046277">Illinois workers' comp under scrutiny, ABC Local, March 31, 2011

Feds reviewing Illinois workers' comp in wake of BND investigation, BND/AP, March 31, 2011

Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Department of Central Management Services

More Blog Posts:
Review of Denied Illinois Workers’ Compensation Claim Requested by Ex-State Trooper Involved in Car Crash that Killed Uhl Sisters, Chicago Workers' Compensation Lawyer Blog, March 24, 2011

House Votes to Audit State Employees' Illinois Workers’ Compensation Claims, Chicago Workers' Compensation Lawyer Blog, March 17, 2011

Over $1.5M in Illinois Workers’ Compensation Paid to Correctional Guards for Repetitive Strain Injuries, Chicago Workers' Compensation Lawyer Blog, December 15, 2010

Review of Denied Illinois Workers’ Compensation Claim Requested by Ex-State Trooper Involved in Car Crash that Killed Uhl Sisters

Thu, 24 Mar 2011 23:44:57 -0600

Matt Mitchell, an ex-state trooper, whose Illinois workers’ compensation claim for injuries he sustained in a deadly car crash was denied, has filed a review to have that decision reconsidered. Mitchell was the trooper who was driving the car that struck the Mazda carrying Uhl sisters Kelli, 14, and Jessica, 18, who died from their injuries. He also struck another vehicle carrying Kelly and Christine Marler, who was pregnant at the time. The Marlers sustained serious injuries, as did Mitchell.

The former state trooper would go on to plead guilty to two counts of reckless homicide in the girls’ 2007 deaths. At the time of the Illinois car crash, Mitchell was driving at speeds as high as 126 mph on Interstate 64. He also was writing emails on his car’s computer and had taken personal call before crossing his car into oncoming traffic. He was on duty at the time.

After submitting his Illinois workers’ compensation claim, arbitrator Jennifer Teague denied it, saying that the injuries were not work-related. Mitchell’s attorney disagrees. Teague, who is now on paid leave, recently came under fire for emailing a court reporter and saying that she wanted the Mitchell hearing conducted without press around.

Local lawmakers now want to better examine the state’s workers’ compensation program. In addition to a recent House vote to audit state workers’ work injury claims, last month Sen. Bill Haine, D-Alton filed a bill that seeks to bar employees convicted of reckless homicide, forcible felonies, and aggravated DUI from being eligible to receive Illinois workers’ compensation benefits.

Illinois Workers’ Compensation
Workers injured on the job are generally entitled to Illinois workers’ compensation benefits. Even if your claim is denied, you shouldn’t give up without first exploring your options with an experienced Chicago, Illinois workers’ compensation law firm.

Mitchell asks for review of denied workers' comp claim, BND.com, March 24, 2011

Illinois ex-trooper denied workers' comp in deadly crash, STL Today, February 18, 2011

Related Web Resources:
Illinois State Police

Illinois Workers' Compensation Commission

More Blog Posts:
State Arbitrator Tried to Keep Illinois Workers’ Compensation Hearings of Trooper Who Caused Deadly Car Crash that Killed the Uhl Sisters a Secret, Chicago Workers' Compensation Lawyer Blog, February 10, 2011
Ex-State Trooper Convicted of Motor Vehicle Deaths of Uhl Sisters Seeks Illinois Workers’ Compensation Benefits for His Injuries from the Crash, Chicago Workers' Compensation Lawyer Blog, September 22, 2011

llinois Court of Claims Awards $8M to Family of Uhl Sisters Killed in 2007 Car Crash Caused by State Trooper Accused of Speeding, Texting, and Cell Phone Driving, Chicago Car Accident Attorney Blog, January 20, 2011

House Votes to Audit State Employees' Illinois Workers’ Compensation Claims

Thu, 17 Mar 2011 20:29:06 -0600

In a 110-0 Vote, the Illinois House voted for a resolution to audit the Illinois Workers' Compensation program as it applies to state workers. The resolution is H.R. 131.

The audit it seeks would include a look at:
• Claims submitted by state workers over the last four years.
• The current settlement contract process.
• Control policies and fraud identification procedures.
• Conflict of interest policies.

According to a probe by the News Democrat, there are signs that certain arbitrators and state prison employees may have abused the current workers' compensation system.

Chicago Workers' Compensation
Our Chicago workers’ compensation law firm believes that it is important that injured employees receive the work injury benefits that they are owed. How else will injured workers and their families be able to afford the costs of medical bills, recovery expenses, and the time off work needed to recover? An injured worker cannot sue an employer for Chicago personal injury when the injury or illness is job-related.

Of course, we don’t condone abuse of the system. We do, however, believe it is important to make sure that our clients’ rights to receive Illinois workers’ compensation are upheld. It can be very frustrating to have one's valid claim delayed or denied.

The Law Offices of Steven J. Malman & Associates, PC represents government employees, construction workers, office workers, nurses, factory workers, industrial workers, actors, drivers, engineers, teachers, mechanics, maintenance workers, and others injured on the job. We are committed to making sure that our clients receive everything that they are owed under Illinois law.

House OKs call to audit workers' comp claims: 'We need to know what the facts are', BND, March 11, 2011

Related Web Resources:
Illinois Workers' Compensation Act (PDF)

Workers' Compensation, Nolo

More Blog Posts:
Over $1.5M in Illinois Workers’ Compensation Paid to Correctional Guards for Repetitive Strain Injuries, Chicago Workers' Compensation Law, December 15, 2010

Ex-State Trooper Convicted of Motor Vehicle Deaths of Uhl Sisters Seeks Illinois Workers’ Compensation Benefits for His Injuries from the Crash, Chicago Workers' Compensation Law, September 22, 2010

Low-Wage Workers in Chicago Face Safety Hazards on the Job, Says Survey

Fri, 11 Mar 2011 20:14:42 -0600

Arise Chicago says that many low-wage workers in the area are not given the proper training and equipment to do their jobs. This results in unhealthy work environments and preventable work injuries—a finding that greatly disturbs our Chicago workers’ compensation law firm.

Per a survey of 200 workers, conducted by the non-profit advocate for low-wage employees:

• Over 20% of low-wage workers have gotten sick or were hurt on the job.
• Over 20% had been exposed to work hazards
• Nearly 1/3rd were never properly trained
• More than 50% were unfamiliar with the Occupational Safety and Health Administration

Most of the survey participants work in restaurants, construction, maintenance, and cleaning. Almost all of them were Hispanic.

State law requires employers to provide employees with Illinois workers’ compensation for work injuries and illnesses. That said, this doesn’t mean that workers shouldn’t receive the proper training and safety equipment to do their job. They should also be allowed to work in a healthy, clean, and safe environment free that is from hazards and toxic substances.

Employees cannot sue their employer for Chicago personal injury. In many cases, their work injury benefits is all that they have to cover medical expenses and support them while they take time off work—or, in some cases involving catastrophic injuries, when they they can no longer hold a job. Workers should be apprised of their right to Illinois workers’ compensation benefits in the event of injury, illness, or death.

Our Chicago workers’ compensation lawyers are here to make sure that our clients obtain all of the work injury benefits that they are owed. Unfortunately, an employer’s insurer may try to deny, delay, or pay an injured worker less than what/she is entitled to get. We are here to make sure that our clients receive everything that they are owed.

Safety Hazards Plague Low-Wage Workers, Progress Illinois, March 10, 2011

Related Web Resources:
OSHA

Illinois Workers' Compensation Commission

Deceased Hospital Worker’s Relative Files $600K Cook County Construction Accident Lawsuit

Mon, 28 Feb 2011 17:31:20 -0600

A relative of Rajmund Zalewa is suing Pepper Construction and R.G. Construction for his Cook County wrongful death. The 26-year-old Prospect Heights hospital worker was killed last November after he was pinned by 1,400 pounds of drywall at Advocate Condell Medical Center. The Libertyville construction accident lawsuit seeks $600,000 from the defendants.

Zalewa, a member of the hospital’s housekeeping, was in an area of the building under construction when seven sheets of lead-lined drywall fell on him. Each sheet weighed 200 pounds. He was pronounced dead at the hospital less than an hour after he was discovered.

The Cook County construction accident complaint accuses the defendants of negligence for their failure to warn Zalewa about the danger of the site and for improper storage of equipment. The 12-count Cook County wrongful death complaint seeks $50,000/count.

As a hospital worker, Zalewa’s family is likely entitled to survivors’ benefits under Illinois workers’ compensation law. While he cannot sue his employer for Chicago personal injury, he can, however, seek third party compensation from the third parties that are not his employer but who may be responsible for his fatal work accident.

Illinois construction accidents can cause injury to not just construction workers, but also innocent bystanders who may get hit by falling debris or other hazards that can exist on a construction site. Often, there is likely more than one party involved on a construction job, such as the construction company, sub-contractors, engineers, architects, insurers, or the manufacturer of a machine. This means that there may be more than one party who should be held liable for your Chicago construction accident injury.

Suit blames Condell contractors for man’s death, News-Sun, February 11, 2011

Prospect Heights Worker Killed At North Suburban Hospital, CBS Local, November 18, 2010

Related Web Resources:
Illinois Workers' Compensation Act (PDF)

Construction Accidents Overview, Justia

More Blog Posts:
$6.25 M Chicago Construction Accident Settlement for Injured Roofer, Chicago Workers' Compensation Lawyer Blog, July 14, 2010

High School Janitor Seeks Over $800,000 from Two Students for Work Injuries, Chicago Workers' Compensation Lawyer Blog, May 21, 2010

Injured Boilermaker Sues Third Parties for Personal Injuries Sustained in Illinois Work Accident, Chicago Workers' Compensation Lawyer Blog, November 30, 2009

Worker Sues Union Pacific Railroad Company Over Injuries from Floor Collapse

Fri, 25 Feb 2011 23:30:39 -0600

Lucas J. Barnett is suing Union Pacific Railroad Company for his work injuries that he says he sustained on January 25, 2010 when the floor he was sweeping collapsed. He is seeking over $50,000 plus costs for his Illinois railroad worker injuries.

Injuries Barnett says he sustained include blood clots, a torn peroneal tendon, deep vein thrombosis in his right calf, a pulmonary embolism, a lower back injury, and a cyst on his right wrist. He also says that he experienced great pain, mental anguish, disability, and extreme nervousness. He cites his medical expenses and lost income as among his costs.
Barnett says that Union Pacific did not provide safe equipment or a safe workplace.

Railroad Worker Injury Cases
Railroad workers can sue their employer for work-related injuries. Unlike Illinois workers’ compensation, which doesn’t allow workers to sue their employers but entitles them to work injury benefits, the Federal Employers’ Liability Act lets railroad employees sue for pain and suffering, rehabilitation, lost wages, medical expenses, and therapy. To obtain financial recovery, however, the worker has to establish that there was negligence on the railroad company’s part.

Contrary to popular belief, train accidents and railroad accidents are not the only type of incidents that can cause injuries to railroad employees. Repetitive strain injuries, back injuries, neck injuries, soft tissue damage, carpal tunnel injuries, machinery injuries, and illnesses from exposure to hazardous substances can occur while a worker is attending to daily duties on the job.

Union Pacific blamed for man's blood clot, The Record, February 24, 2011

Related Web Resource:
Union Pacific Railroad Company

FELA, Justia

Related Blog Posts:
Norfolk Southern Sued Over Repetitive Trauma Injuries, Chicago Workers Compensation Lawyer Blog, November 18, 2010

Railroad Worker Sues Norfolk Southern Railway for Back and Neck Injuries from Tamping Gun, Chicago Workers Compensation Lawyer Blog, October 8, 2010

Illinois Railroad Worker Injury Case: Conductor Sues CSX Transportation for Degenerative Spinal Condition, Chicago Workers Compensation Lawyer Blog, August 3, 2010

Workers’ Compensation Claim by Former Miami Dolphins Player is in Dispute

Fri, 18 Feb 2011 19:18:28 -0600

The Miami Dolphins are asking a federal magistrate to dismiss the workers’ compensation claim filed by Kendall Newson. The former NFL team member suffered a knee injury in 2005 during a preseason game against the Pittsburgh Steelers. The injury ended his career. The Dolphins contend that if it had to pay medical bills and benefits to Newson under Pennsylvania law, it would suffer irreparable harm.

Newson sustained the serious injury before earning a major contract. He had to spend time at a nursing home so he could recovery and he has since then tried to work at a car wash. Newson's workers’ compensation lawyer says that former football player doesn’t have any money.

The NFL team is supposed to pay work injury benefits to its football players that are similar the benefits received by other workers under Florida's workers’ compensation law. However, per the current NFL labor contract, injured players in that state have to bring their case through arbitration. The Dolphins say that the workers’ compensation claim in Pennsylvania cannot proceed if the arbitration case in Florida is to go forward. Newson’s legal team is concerned that if, as expected, the owners lock out the players next month, any pending arbitrations will likely not be resolved.

In Florida, Newson would get no more than $651/month in workers’ compensation benefits. In Pennsylvania, he would receive compensation for related medical expenses and up to $716/week.

Illinois Workers’ Compensation
In Illinois, our Chicago workers’ compensation lawyers represent workers with work injury claims against their employers. Work injuries can occur in any kind of job and, unfortunately, many workers don’t realize that they may be entitled to work injury benefits.

Pittsburgh judge mulling Dolphins injury suit, Miami Herald/AP, February 14, 2011

Federal judge asked to rule on NFL player's injury case, Post-Gazette, February 14, 2011

Related Web Resources:
Types of Workers' Compensation Benefits, Nolo

Illinois Workers' Compensation Act (PDF)

More Chicago Workers' Compensation Lawyer Blog Posts:
Some NFL Teams Questioning Retired Players’ Workers’ Compensation Rights, Chicago Workers' Compensation Lawyer Blog, April 27, 2010

Does Playing NFL Football Cause Long-Term Head Injuries?, Chicago Workers' Compensation Lawyer Blog, October 31, 2009

State Arbitrator Tried to Keep Illinois Workers’ Compensation Hearings of Trooper Who Caused Deadly Car Crash that Killed the Uhl Sisters a Secret

Thu, 10 Feb 2011 17:02:48 -0600

According to the Belleville News Democrat, Illinois Workers' Compensation Commission arbitrator Jennifer Teague tried to keep public hearings of ex-Trooper Matt Mitchell a secret. The ex-trooper, who pleaded guilty to two counts of reckless homicide in the car accident deaths of Kelli Uhl, 13, and Jessica Uhl, 18, is seeking benefits for the injuries he sustained during the collision.

The vehicle he was driving struck the girls’ car head-on while Mitchell was texting and talking on a cell phone and driving 126 mph. The Illinois Court of Claims recently awarded the sisters’ parents $8 million—the largest award against the state ever recorded. Mitchell, who was sentenced to 30 months probation, eventually resigned form the Illinois State Police.

However, because the car crash occurred while Mitchell was on the job, he may still be entitled to receive Illinois workers’ compensation. An injured worker can still be eligible to receive benefits for causing his work injuries.

At issue in this latest development isn’t the validity of Mitchell’s claim. The question is why Teague was trying to keep the hearing date secret from the press. According to
Illinois Attorney General Lisa Madigan chief of staff Anne Spillane, attempting to keep the public or the media out of Mitchell’s hearing is “completely unacceptable.” Workers’ compensation hearings should be open to the public.

It is important that you realize that no one needs to be at fault for you to be entitled to receive Illinois workers’ compensation benefits. Even if you were at fault for causing your Illinois work accident, you are still likely entitled to work injury benefits.

Embarrassing Emails After Deadly Crash, Courthouse News, February 10, 2011

Worker's comp arbitrator tried to keep hearing secret, The Telegraph, February 9, 2011

Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Workers' Compensation Act

Related Blog Posts:
Ex-State Trooper Convicted of Motor Vehicle Deaths of Uhl Sisters Seeks Illinois Workers’ Compensation Benefits for His Injuries from the Crash, Chicago Workers' Compensation Lawyer Blog, September 9, 2010

Illinois Court of Claims Awards $8M to Family of Uhl Sisters Killed in 2007 Car Crash Caused by State Trooper Accused of Speeding, Texting, and Cell Phone Driving, Chicago Car Accident Lawyer Blog, January 20, 2011

Illinois Car Accident Lawsuit: Uhl Family Seeks $46 Million for Wrongful Death of Daughters From Police Pursuit, Chicago Car Accident Lawyer Blog, May 7, 2010

Remember to File Your Illinois Workers’ Compensation Claim if You Were Injured in an Electrical Accident While on the Job

Mon, 31 Jan 2011 21:31:43 -0600

Electrical accidents can occur on the job, and you don’t have to be an electrician, telephone line worker, or cable installer to be at risk of getting hurt in accident involving electricity. For example, an office employee might experience electrical shock because of faulty wiring in the workplace.

Common causes of electrical accidents include faulty wiring, live wires, electrical fires, defective equipment and machinery, sagging power lines, water near light switches or appliances, defective wiring, damaged electrical outlets, cranes making contact with wiring that is high voltage, power installations that are unfenced, and outlets that are not properly grounded. Serious electrical injuries can include electrical burns, heart injury (including cardiac arrest and cardiac dysrhythmia, electrical shock, brain injury, spinal cord injury, fall accidents from contact with electrical energy, and death. A person who has suffered an electrical injury may find that he/she has to take time off work to recover.

What to Do if You Have Been Injured in an Electrical Accident at Work
Remember to file your Illinois workers’ compensation claim right away. It is important that you know that even if your employer was not responsible for causing your work accident, you are within your rights as an employee in this state to file and receive Illinois workers’ compensation for injuries suffered on the job. Your boss is not allowed to fire you for filing a claim and it doesn’t matter whether whose fault it was that the work accident happened. You also may have grounds for a Chicago injury lawsuit.

Related Web Resources:
Electrical Safety, Centers for Disease Control and Prevention

Occupational Safety and Health Administration

If You Suffered a Slip and Fall Injury at Work, Remember to FIle Your Illinois Workers’ Compensation Claim

Thu, 27 Jan 2011 14:13:26 -0600

Illinois slip and fall accidents can happen anywhere—in your home, on the sidewalk, at a shopping mall, in a friend’s driveway, or while at work. If the slip accident occurred on someone else’s property and it could have been avoided were it not for the premise owner’s negligence, you may have grounds for a Chicago slip and fall lawsuit.

If the work injury occurred at work or while doing your job on property that is not owned by your employer, you may also be eligible to receive Chicago injury compensation for your slip accident, in addition to Illinois workers’ compensation benefits.

Common causes of slip and fall accidents at work:
• Poor lighting
• Slippery floors
• Failure to put up signs warning of slippery conditions
• Spilt foods or drink
• Debris on the premises
• Damaged carpeting
• Uneven flooring
• Snow or ice on a walkway

Although you do have to prove negligence to obtain Chicago slip and fall injury recovery, no one has to be at fault for you to receive Illinois workers’ compensation benefits for a slip and fall. As long as you weren’t behaving in an appropriate or dangerous manner or violating company policy in any way, ideally you should be able start receiving work injury compensation soon after you file your claim.

Unfortunately, it doesn’t always work out this way. An employer or its insurer might reject your claim, which could put you in a financial bind—especially as an injured worker generally is not allowed to sue an employer over a work injury.

If this happens, don’t despair. An experience Chicago workers’ compensation lawyer can help you pursue your work injury benefits. This may mean taking your case before the Illinois Workers’ Compensation Commission or, if that doesn’t work, taking other legal measures to make sure you get what you are owed.

Related Web Resources:
Illinois Workers' Compensation Commission

Illinois Workers' Compensation Act (PDF)

Slip and Fall Accidents, Nolo

Cook County Wrongful Death Lawsuit Filed Over Fatal Blue Island Work Accident

Tue, 18 Jan 2011 21:01:20 -0600

The family of Brain Fuller is suing several counties for his Illinois wrongful death. Fuller, who was employed by George J. Roll & Sons, suffered fatal Cook County crush injuries last February in a Blue Island work accident. At the time, he was working the hydraulic components under an elevated dump truck when the pump released.

Now, the 48-year-old La Grange man’s loved ones are suing those involved in the repair and building of parts used in the truck. They claim that Energy Manufacturing, Inc., which constructed the pump, is liable for the pump and controls defects that caused the pump to get stuck and then release at the wrong time. The family’s Cook County wrongful death lawyer says that EMI is also responsible for the “product design issues,” which included placing the controls below the dump body rather than outside the truck’s bed frame.

Chandler Services Inc., Williams Machine and Tool Co., and Groen’s Towing and Truck Repair and Buyers Products Co are the other defendants named in this Blue Island wrongful death case. All of these companies played a role in the maintenance or manufacture of the cable that was supposed to hold the dump frame’s hydraulic lift and keep the dump body in place.

Remember, not only are injured workers and their families likely entitled to Illinois workers’ compensation benefits, but also, they may have grounds for filing a Cook County personal injury or wrongful death lawsuit against liable third parties.

In other recent work injury news, a worker died in a Will County, Illinois industrial accident on December 30 after he ended up trapped beneath three tons of granite. The victim was 23-year-old Chicago resident Emilio Gallardo. He died at the work accident site.

Suit filed over workplace death in Blue Island, Chicago Sun-Times, January 17, 2011

Chicago Man Killed in Romeoville Industrial Accident, Woodridge Patch, December 30, 2011

Related Web Resources:
Illinois Workers' Compensation Act (PDF)

Illinois Workers' Compensation Commission