Occupational Health and Safety: What To Do When You Are Injured At Work

During your employment at any job, your occupational health and safety could be at risk as you may be exposed to back injuries/sprains, carpal tunnel syndrome (CTS), heavy tool accidents, repetitive stress disorders, slips & falls, cuts, lacerations and fractures. If you have been injured during job you are permitted to get worker compensation benefits, but first it is important to follow these steps:

Get medical care immediately:

- What could seem like a minor injury might end up being a more serious medical problem
- You may choose to visit up to two doctors and any subsequent referrals
- Make sure to provide to your employer, in writing, the contact information of the doctor and hospital that you choose
- You do not have to accept treatment from the health care provider your employer recommends.

Tell the doctor exactly how you got hurt:

- If the doctor recommends work restrictions, make certain you get them documented in writing

Keep your own records

– Record what happened in the accident and indicate if there were any specific physical conditions, such as a wet floor, which may have contributed to your accident

Notify your employer as soon as you can that you have been injured

– If you neglect to notify your place of work within 45 days, you may lose eligibility for workers’ compensation
- Describe all circumstances as accurately as possible, because your employer is likely to challenge your workers’ compensation claim
- Your employer has the right to require that you be evaluated by a particular clinic or doctor of their choosing

Request that your employer reimburse any medical costs and lost wages:

– You are eligible for up to 2/3 your average regular-time wages for the period of time you were unable to work
- Make sure you keep copies for yourself of all documentation, bills, paperwork, doctors’ notes, or anything else related to the injury and its treatment

Additionally, to ensure you have the best chance of receiving workers compensation, contact a lawyer specializing in workers’ compensation, especially if:
1. Your employer does not promptly address your claim
2. Your employer denies your claim
3. You need to pursue permanent disability payments
4. You need to pursue compensation for the workplace death of a spouse or parent

If you or your family suffers from work related injury, your employer-provided insurance company should be providing compensation during your period of recovery. Receiving all worker compensation benefits including lost wages, medical expenses and vocational rehabilitation costs can be rather standardized, but the amount of compensation is dependent upon your average weekly wage and the degree of your incapacitation.

At The Law Office of Bradley Dworkin, our Chicago, Illinois workers’ compensation attorneys have experience in handling all types of work injury related cases. Our attorneys are always ready to fight for you to resolve your case quickly and effectively. Contact us today if your occupational health and safety has been compromised, and we will put our considerable work injury expertise in your corner!

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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Flight Delayed Over Suspicion Pilot is Intoxicated

Yahoo! News reports, "A Frontier Airlines flight from Omaha to Milwaukee was delayed today when the pilot was suspected of being drunk and kept from boarding the plane. 'Our police received information alleging that a Frontier crew member was impaired and, acting on that information, our police intercepted the employee before he boarded the flight,' Chris Martin, director of operations for Omaha's Eppley Airfield, told ABCNews.com."

 
Luckily a hotel shuttle driver brought it to the authorities' attention that he suspected the pilot was intoxicated. The flight was delayed two hours while another pilot was located. While inconvenient, it was certainly preferable to the disastrous consequences that operating an aircraft while intoxicated could have.
 
Both Frontier Airlines and likely the FAA will be conducting an investigation.

Intoxication and Work Injury

Arriving to work under the influence of drugs or alcohol is a bad choice. It can slow reaction times, impairing your judgement and ability to complete your essential job functions. It is particularly imperative to be lucid and free of drugs and alcohol if you operate heavy machinery or large vehicles carrying multiple passengers.
 
If you are concerned about your safety or work injury because of another's impairment, here are the steps that you might consider taking:
 
- Do not hesitate to report any strange or disconcerting behavior to a supervisor. 
- Do not approach or confront the person yourself if you are not comfortable doing so.
- Ensure that someone documents the other individual's behavior, actions, etc.
- If possible, have the person agree to a drug or alcohol test
 
According to the US Office of Personnel Management, "As far as the Government as an employer is concerned, an employee’s decision to drink is that individual’s personal business. However, when the use or abuse of alcohol interferes with the employee’s ability to perform his or her duties, the employer does have legitimate concerns, including the proper performance of duties, health and safety issues, and employee conduct at the workplace."
 
If you have any hesitation at all, perhaps you should seek advice from an Illinois work injury attorney. Not only do they have experience with workers' compensation benefits and claims, they also have significant knowledge of workers' rights.
 
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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.
 

Cook County Morgue Under Investigation for Unsafe Conditions

The Chicago Tribune is reporting "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."

 
It appears from the complaint and also from photographs from the morgue that were leaked to the press that human remains were not being stored or cared for properly. 
 
The Illinois Department of Labor is responsible for investigating work conditions for the state's public employees; the agency has received five complaints about working conditions at the morgue since 2010.

Unsafe Work Conditions

No matter what your line of work, your employer is obligated to provide a safe working environment. According to the Occupational Health and Safety Administration (OSHA), 
 
"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 are a worker and you believe your rights have been violated by your employer, you should contact a qualified Illinois workers compensation lawyer. There are attorneys with expertise in workers rights and workers compensation benefits who can help you understand your options. You are entitled to several rights under the Illinois Workers Compensation Act (or similar legislation in your area). We can work with you to understand these rights and help you file a claim if your rights have been violated or if your workers compensation benefits have been denied or delayed.
 
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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Why Hire an Illinois Workers’ Compensation Attorney?

It is common for an employee to feel that they are capable of filing a workers' compensation claim with their employer and receiving full benefits, and that they do not need a workers' compensation attorney. Unfortunately, many of these employees are unaware of what benefits they may not have received, rights that may have been violated, or many other things.

Your employer is responsible for looking out for the best interest of the company, not necessarily the best interest of its employees. A workers' compensation attorney works for you and aims to receive the most benefits possible from your employer on your behalf. Their knowledge and expertise allows them to deal with your employer and their insurance company quickly and efficiently, while you focus on recovering from your work related injury.

Almost every company has an insurance company covering workers' compensation claims. The insurance company, in turn, has in-house legal counsel whose job it is to evaluate your injury and minimize the amount of benefits paid out for your injury. Because the in-house legal counsel is employed by the insurance company, they are acting in the company's best interest – not necessarily in the injured party's best interest.

For this reason, you need your own legal representation. Handling a workers' compensation claim by yourself should not be considered and is not recommended – even if you are an attorney with experience in other segments of the law. Without understanding the legalese, a misstep can cause you to lose all compensation. Your best chance for recovering full benefits is by hiring a workers' compensation attorney.

If you have sustained a work-related injury, you will have your hands full trying to recover from your injury and returning to work if possible. A qualified Illinois workers' compensation attorney will work on your behalf to file a claim and ensure that you receive benefits for pain and suffering, lost wages, medical bills and any other incurred expenses. Contact a qualified workers' compensation attorney in Illinois now.

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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

One Third of All IL Worker’s Compensation Awards to 12 Institutions

"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," reports the Chicago Tribune.

 
According to an Associated Press study and analysis of state records, Menard Correctional Center in Chester received the most in awards – $19 million in long-term benefits between 2007 and 2010. This amount is nearly double the amount previously reported. The facility is now the focus of three fraud investigations into the process of injury claims.
 
Additionally, the study found a similar pattern of significant payouts at 11 additional facilities within 80 miles of Menard. These include juvenile detention centers, mental health and development centers in addition to prisons. These twelve state institutions received $40.7 million of the compensation awarded for injured workers' long-term disability over that four year period.
 
It is possible that the large number of awards in such a concentrated geographic area has to do with an employee culture encouraging injury claims, the decisions of several arbitrators employed by the state (who are now under federal investigators' scrutiny) and an overburdened state government that did not contest the claims strongly enough.
 
According to the Chicago Tribune, "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."
 
Additionally, Illinois attorney general chief of staff Anne Spillane has indicated that Illinois "never gave up defending as vigorously as possible" compensation cases, but that the aforementioned arbitrators generally paid higher awards for repetitive stress injuries than elsewhere in the state. Some decided claims based on previous cases instead of listening to evidence provided by the state. 
 
Illinois also has what has been described as "very low criteria" for proving causation – how your job function contributed to or caused your work injury, according to Ms. Spillane.
 
Unfortunately, when combining the above factors, a situation occurred where work injury compensation awards created additional work injury claims. Employees saw their coworkers receiving awards for work related injuries and sought their own legal advice with the hopes of receiving workers compensation benefits.
 
Additionally, it should be noted that many of the claims were likely legitimate. The Trib report indicated that "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."

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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

 

How to Avoid Carpal Tunnel Syndrome

"Carpal tunnel syndrome is pain, tingling, and other problems in your hand because of pressure on the median nerve in your wrist. The median nerve and several tendons run from your forearm to your hand through a small space in your wrist called the carpal tunnel. The median nerve controls movement and feeling in your thumb and first three fingers (not your little finger)," defined by Web MD. This nerve compression is likely to cause:

 
• Tingling, numbness and pain in the hand, wrist and forearm
• Lost or impaired nerve function
• Reduced grip strength and / or muscle control
 
Clients often question whether carpal tunnel syndroms is considered a work-related injury by the Illinois Workers Compensation Act. It is; therefore, sufferers of carpal tunnel syndrome are eligible to receive 100% of reasonable and necessary medical expenses. For example, ER services, doctors appointments, hospital care (both inpatient and outpatient), prescription drugs, first aid amd more are covered.
 
Although carpal tunnel is covered by workers compensation, it is preferable to avoid the painful carpal tunnel syndrome symptoms altogether. Here are four ways to avoid repetitive trauma work injuries like carpal tunnel syndrome:
 
1. Best Health Practices: There are certain lifestyle changes that doctors advise for many different medical conditions, and carpal tunnel syndrome is no exception. These include – but are not limited to – maintaining a healthy and active lifestyle by eating a balanced diet, exercising regularly and avoiding smoking. 
 
2. Be Aware: Look at your daily routine, paying special attention to your work space and the way you complete every day work tasks. This is particularly important in relation to anything that may be classified as "repetitive motion", making you more vulnerable for carpal tunnel syndrome.
 
3. Make Ergonomic Corrections: Using the above assessment, take steps to make your work area more ergonomically correct. This means using equipment and rearranging your space to prevent muscle strain and repetitive trauma where possible. Examples are pads for under your keyboard to elevate your wrists properly and making sure your chair and computer monitor are positioned correctly for your height.
 
4. Give Yourself a Break: This is perhaps the most important advice, and the easiest way to avoid repetitive trauma like carpal tunnel syndrome. Remind yourself to take breaks at set intervals – take a water break, use the restroom or just stand up at your desk and stretch your muscles. It may be just the break your body needs from repetitive motions.
 
If you keep these four tips in mind and integrate them into your workday, you may be able to avoid  the pain of carpal tunnel syndrome and the process of filing a workers compensation claim. If you are already suffering from carpal tunnel syndrome as a result of repetitive motion tasks performed at your job, you should speak with a qualified legal professional and see a qualified medical professional. A workers compensation attorney and your doctor can assist you with medical treatment and workers compensation benefits right away.
 
DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

 

Amazon Warehouse Employee Sues Over Working Conditions

AOL Jobs reports, "A report says workers at an Amazon.com warehouse in Pennsylvania who were subjected to sweltering conditions last summer also say they endured frigid wintertime conditions a year ago."

The local paper, the (Allentown) Morning Call has indicated that workers at the warehouse experienced three fire alarm evacuations last November and December, resulting in the necessity for medical attention. Workers were treated for exposure as a result of being outside for several hours at sub-freezing temperatures.

The incidents were reported to the Occupational Safety and Health Administration (OSHA) and the corresponding documents were obtained by the Morning Call. In spite of complaints documented in the file indicating that workers were exposed to severe weather conditions – some pregnant or with other medical conditions exacerbated by the below freezing temperatures, "OSHA did not inspect the facility. Instead, it asked Amazon to investigate the matter and report its findings by Dec. 14. OSHA requested that Amazon post a copy of the OSHA letter where warehouse employees could see it," according to the Morning Call report. 

Amazon has indicated that their procedures have been updated to allow re-entry to the building more rapidly after fire alarms. Additionally, the protocol now includes distribution of hats, blankets and hand warmers as necessary.

However, it appears that this summer working conditions once again left employees seeking medical attention due to severe weather. Sweltering conditions in the Amazon warehouse on several days this summer prompted a federal inspection.
 
At least one employee, Paul Grady, sued Amazon over the working conditions. According to the Morning Call report, "Grady, who said cold exposure aggravated his joint condition, in February filed a lawsuit against Amazon and ISS alleging the companies violated the Americans with Disabilities Act by leaving him exposed to the cold for about three hours. His lawsuit sought $150,000."
 
Mr. Grady, Amazon and ISS settled the lawsuit confidentially in July. 
 
If you are a worker and you believe your rights have been violated by your employer, you should contact a qualified Illinois workers compensation lawyer. There are attorneys with expertise in workers rights and workers compensation benefits who can help you understand your options. You are entitled to several rights under the Illinois Workers Compensation Act (or similar legislation in your area). We can work with you to understand these rights and help you file a claim if your rights have been violated or if your workers compensation benefits have been denied or delayed.
 

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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

 

Chicago Firefighter Dies on the Job. Illinois Workers Compensation or Wrongful Death?

Public employees such as firefighters and police officers are understandably at a higher risk for a work place injury than anyone else. In some cases they actually lose their lives while performing their job.

A Chicago fireman and father was killed while fighting a fire shortly before last Christmas. Initial investigation of the incident placed the blame on the City of Chicago as well as the fire department. An article in the Chicago Sun Times stated that the Nation Institute for Occupational Safety and Health noted the fact that the fire department did not have enough radios for proper communication as a contributing factor to the deaths.

The Chicago Sun Times reported that the children of this Chicago fireman have filed a lawsuit against the people who own the building where the business took place. The children believe that the building was not cared for and that long term negligence in caring for the building ultimately led to their father's life. The Chicago Sun times reported that the building owner had been sued by the city approximately 3 times since 1987. He had also been issued a number of violations of code.

The dead fireman's children believe that if the business owners took action and these violations had been handled then there is a chance that their father would still be alive.

This is a situation where the legal course of action could either go with wrongful death or Illinois workers compensation. No matter what job you or a loved one has been injured on it's very wise to speak with a Chicago workers compensation lawyer. They can help you understand your rights as an injured person. Most work injury lawyers will want to evaluate your injuries as soon as they happen. Taking immediate action after an injury is vital to the success of your Illinois work injury claim. The Illinois Workers Compensation Act protects people who have been hurt at work. These laws can be confusing to say the least. Hiring a Chicago workers compensation lawyer means that you can rest assured that they will handled your case. Nothing will be forgotten or misfiled.

In fact, you may even receive your compensation faster. Insurance companies have a tendency to slow down the process and your Chicago workers compensation lawyer won't let that happen.

Changes to Illinois Workers Compensation Act

Earlier in the year, new legislation was signed into law regarding the Illinois Workers Compensation Act. Our Chicago workers compensation attorneys would like to remind everyone that while most of the amendments to the Workers Compensation Act were immediately in effect (as of June 28, 2011), there are some changes that just went into effect on September 1, 2011.

According to Travelers Insurance, "among other changes, the bill reduces the current medical fee schedule by 30%; establishes a Preferred Provider Program with an employee opt out provision; caps wage differential awards at five years or age 67, whichever is later; enhances the Utilization Review provisions; includes the use of the current edition of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment”; and imposes a number of reporting obligations on insurers."

The amendments that are effective as of September 1, 2011 are as follows, courtesy of our Chicago workers compensation attorneys:

• Changes to Intoxication Defense: If a worker is found to be intoxicated at the time of a work injury accident and the intoxication is the proximate cause of the injury, no workers compensation benefit will be awarded. If an employee fails a drug or alcohol test, or refuses to submit to such testing, the presumption is that the employee's intoxication was the cause of the work injury. The employee may work with a workers compensation attorney to prove that intoxication was not the cause of the injury, but it is their responsiblity to do so in order to receive workers compensation benefits.

• Determination of Permanent Partial Disability: Permanent partial disability will be based on the following criteria: written report of a licensed physician utilizing the most recent edition of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment,” occupation, employee's age (at time of injury), employee's future earning capacity, and evidence of disability accompanied by medical records. No specific weight will be given to one criteria over the others; however, subjective information (like the employee's testimony) will no longer be factored in. A written explanation of the relevance and weight of the above criteria is required.

• Reduction of Hospital and Non-Hospital Fee Schedules: The amounts provided under hospital and non-hospital fee schedule are reduced by 30%. Additionally, effective January 1, 2012, geographic regions of both hospital and non-hospital fee schedules will be reduced.

These changes to the Illinois Workers Compensation Act are the latest to go into effect, with more to come in 2012. Because workers compensation law is constantly changing, if you have suffered a work related injury, your best course of action is to work with a qualified Chicago workers compensation attorney. It is their job to keep up with legislative changes and ensure that you receive the workers compensation benefits you are entitled to.

Chicago Police Officer Injured on the Job

A Chicago police officer was pursuing a suspect on foot October 11th when he was bitten by a pit bull terrier. The injury occurred on Chicago's South Side.

According to the Chicago Tribune, "at about 6:19 p.m., two police officers from the Gresham district were on patrol when they stopped to speak with a man who quickly fled as police tried to speak with him, said Chicago Police News Affairs Officer Daniel O'Brien.

As the officers began chasing the man on foot, someone in the area released the dog which attacked the officers on the 7500 block of Union Avenue, police said."

The officer was subsequently hospitalized, but the injury was not considered life threatening.

Chicago Work Injuries

If you are injured on the job, you are entitled to protection and benefits under the Illinois Workers Compensation Act. This legislation has specific time limits, document submission guidelines and many other requirements that must be met in order to successfully file a Chicago workers compensation claim. While you are legally able to represent yourself, it is not advisable.

Why? You can bet that your employer and their insurance company will be represented by competent Illinois workers comp lawyers. Their primary objective is to defeat claims and/or minimize the total amount of compensation awarded to an injured worker on behalf of their client.

For this reason, injured workers should meet with legal counsel well-versed in Illinois workers' compensation law. An Illinois workers compensation attorney will lead you through the legal process of filing a workers comp claim in Chicago – which can become quite complex – in order to receive every benefit that is allowed them under the Act. The benefits of working with a Chicago Workers Compensation Attorney include:

  • Legal Expertise: Obviously, as outlined above, you do not have the extensive information required to represent yourself as well as a qualified Chicago Workers Compensation attorney.
  • Peace of Mind: Once you are working with a qualified legal professional who you trust, you can focus on getting better, rather than worrying about how you are going to pay your medical bills and compensate for lost wages.
  • Speedier Process: If you are representing yourself, your employer or their insurance company may try to stall or delay the process of your claim. Your Chicago workers compensation attorney will prevent unnecessary and unlawful delays on your behalf so you can receive your workers compensation benefits as quickly as possible.