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.

The Basics of Hazardous Chemicals Exposure- Protecting Your at Work Health

Exposure to chemicals while at work is a risk that many employees must face on a daily basis, but with some knowledge and care, minimizing these risks is possible. The range of work injuries due to chemical exposure can vary widely, such as a factory worker overcome by fumes from a chemical spill, or the constant exposure to the everyday chemicals found in the typical office environment. Across this entire spectrum, chemical injury can result in a debilitating condition of chronic chemical sensitivity or other chemical environmental illness which threaten at work health.

If working with hazardous chemicals is part of your job, it is critical that you to know the possible risks you will face with each chemical you are exposed to. This guide outlines the kinds of injuries that chemicals can cause, the 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: The amount of chemical, the frequency of exposure, and the duration of exposure.

As an example, Acutelytoxic chemicals can injure after only a single exposure, while other chemicals only cause harm after repeated exposures. In order to protect yourself from this dangerous group of substances that injure without immediately obvious symptoms, you must be aware of which chemicals are toxic if exposure is repeated or prolonged.

Types of Reactions

Upon exposure to a hazardous chemical, you can expect one of two kinds of reactions:

Local reactions, which manifest themselves 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 or delayed, and you may not even know you have been exposed until the chemicals have done severe damage.

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.

Prepare for dangers to your at work health

Always employ protective equipment and be sure to follow safety guidelines appropriate for hazardous chemicals. Review the MSDS if you have any doubts about the dangers of any chemical, and avoid simply relying on your memory or tips from co-workers. 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.

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 1-866-854-6674.

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.

Workers Comp and Working From Home

Question: Are individuals who primarily work from home eligible for workers' compensation if they are injured while working? 

Answer: Possibly, and most likely.
 
Workers' compensation benefits are intented to protect workers who are injured while performing their job function. For that reason, if you were working while you were injured – even if you were at home or on the road at the time – you are likely eligible for workers comp. If you can prove that your injury resulted from or occurred during a job task, you can file a workers' compensation claim.
 
One thing to keep in mind about workers' compensation claims – they can be tedious and can become ever more muddled if an employee is injured outside the corporate office environment. That is why it is important for telecommuters to clearly separate their time between work and leisure and keep good records of when they are working. It is also imperative for sales people and others who spend a majority of their time on the road. 
 
One recent workers compensation case in Texas involved a traveling salesperson named Liana Leordeanu who was in a serious car crash. "When she applied for workers' compensation insurance benefits for the accident, Leordeanu was denied — even though she was on company business, traveling in a company-provided car toward her company-furnished office," reports the Austin American-Statesman.
 
The reason for the denial was that the insurance company and an Austin court ruled that the trip was not 100% work related due to the fact that Ms. Leordeanu's return to her home office also meant she was returning home for the evening. The woman appealed the case to the Texas Supreme Court and they ruled in Ms. Leordeanu's favor. It was determined that she was, in fact, eligible for workers' compensation benefits.
 
If you have sustained a work related injury, you should speak with a qualified workers compensation attorney – particularly if you have been injured while working from home or another off-site location. At The Law offices of Dworkin and Maciariello, our workers compensation lawyers have extensive knowledge of the Illinois workers compensation act and workers rights. Our experienced Illinois workers compensation lawyers fight diligently for your recovery to get 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 Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

What If a Non-Work-Related Injury Keeps Me From Work?

Considering that the majority of an individual's time is (hopefully) spent outside the workplace, it is very common for an employee to sustain an injury while that are not at work that prevents them from attending work – sometimes for a series of days, weeks or even months. What are an employee's options when they sustain an injury that is not classified as work injury?

In most cases, if an injury is not covered by workers' compensation it may qualify for short-term or long-term disability benefits if you or your employer have that type of insurance.

Disability vs. Workers' Compensation Benefits

You are only eligible for workers' compensation benefits if you were injured on the job or can prove that your injury was work-related. For this reason, there is disability insurance – short term and long term – which can help you receive part of your income when you are unable to work due to an injury or illness.

Disability insurance is often not carried by your employer on your behalf, but it may be offered as part of your benefits package. This means that you are able to opt into and pay an additional amount out of your paycheck for short term and/or long term disability. Additionally, some employers will pay your coverage for one type of disability insurance but not the other.

Before you file a disability claim, it makes sense to see a medical professional to be sure that your injury is truly non work related. Often times, an employee may be suffering from a work-related injury or condition without paying much attention to it until there is a catalyst like sustaining a serious injury. It is always possible that an injury at home could have been caused or contributed to by an underlying medical condition caused by performing one's job function on a daily basis.

Another possible situation that may arise is when an employee is injured at work but they work through it, thinking it is not that bad. However, there may be long-term effects of ignoring or working through a work injury which can be painful. As a result, you should always report any incident at work that could be classified as an accident or work injury – even if it seems minor. That way, if you do develop symptoms or complications after the accident, there is a work injury report on file that can make it easier to receive workers compensation benefits down the line.

If you have been injured at work, or if you are curious whether an injury outside the workplace might be related to a job-related medical condition, you should contact a medical professional right away. Additionally, you may want to speak with a qualified Illinois workers' compensation attorney to find out about the process of filing a workers' compensation claim.

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.

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.

 

Numbers of Part-Time Workers Near Record Levels

"A near-record number of Americans are working part time, even though they would prefer full-time jobs.

The number of part-timers who really want full-time positions — so-called involuntary part-time employees — has risen from 8.4 million in January to 8.9 million last month, according to the Bureau of Labor Statistics. That’s double the number before 2007," reports the Chicago Sun-Times.

Our Chicago workers compensation attorneys feel that in an economy where several individuals are watching unemployment rates as a sign of what is to come, this finding is significant. Why? Because it represents people who, while employed, are "under-employed" – which could still be a problem for the economy.

Additionally, Illinois work injury attorneys can tell you that often part-time employees are exempt from benefits like paid sick and vacation days and health insurance. So, what does that mean for workers compensation benefits?

Luckily, in the state of Illinois, almost all workers are covered by workers compensation benefits. According to the Illinois Workers Compensation Commission, "Almost every employee who is hired, injured, or whose employment is localized in the state of Illinois is covered by the law. These employees are covered from the moment they begin their jobs." Good news for part-time employees in the state of Illinois. 

If you or a loved one have sustained an Illinois work injury, contact an Illinois work injury attorney right away. This is especially important if you are a part time employee and either your employer or their insurance company are trying to deny your workers compensation rights due to your part-time employee status. While you may not qualify for other company benefits, you likely have workers compensation rights under the Illinois Workers Compensation Act. An experienced work injury attorney in Illinois will go over your situation and advise you on the best course of action to pursue.

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.

GI Joe Crewmember Killed on Job

"E! News confirms that Mike Huber, a local man hired as part of the crew for G.I. Joe 2: Retaliation, died on the New Orleans set today after working on a high-powered scissor lift that tipped over.

Virginia Lam, a spokesperson for Paramount Pictures, told E! News, 'Our thoughts and deepest condolences are with the Huber family at this time. The safety of our cast and crew is our top priority and the studio is fully cooperating with all investigating agencies as they examine the circumstances surrounding this unusual accident'." 

The film began shooting in New Orleans in August and stars Bruce Willis, Dwayne Johnson and Channing Tatum. It is scheduled to be released in June, 2012.

High-Risk Jobs and Work Injury

Our Illinois work injury attorneys know that high-powered scissor lifts likely fall under machinery that require training to operate. For this reason, the Occupational Safety and Health Administration (OSHA) have specific guidelines for or all industries, particularly those that have higher than usual risk and accident rates.

Some of the work injuries that can occur when working on scissor lifts include:

• Fall Hazard: Scissor lifts are often extended several feet in the air. If an individual falls from an extended lift, they are likely to sustain serious work injury or even death.

• Instability: Lifts can be unstable work surfaces, particularly when combined with inclement weather (see below). Similarly to above, the fall hazard is substantial, especially when a lift is swaying or tipping. 

• Increased Risk with Inclement Weather: There are specific OSHA guidelines governing wind speeds at which scissors lifts should not be operated, due to the increased risk of the above points.

If you or a loved one work with dangerous machinery similar to high powered scissor lifts, always ensure that you take the proper safety precautions recommended by OSHA. Never use machinery that you are not familiar and comfortable with, and make sure you have received adequate training. Additionally, if for any reason you have concerns about your safety when operating high powered machinery, speak with your employer right away.

Our Illinois workers compensation attorneys know that accidents do happen in the work place. It is our job to help you work with your employer and insurance company to ensure that you receive the compensation you are entitled to. Contact our team of experienced Illinois work injury attorneys today.

 

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.

 

29 Workers Killed in China Mine Blast

"A gas explosion at a coal mine in central China has killed 29 workers, Chinese authorities said Sunday. Six other miners survived Saturday evening’s blast at a state-owned coal mine in Hengyang city in Hunan province, China’s State Administration of Work Safety said in a statement on its website. Five of the workers were rescued, while one climbed out of an air shaft, the statement said," reports the Chicago Sun-Times." 

 
Coal mining is one of the most dangerous professions both in the United States and abroad. In fact, our Illinois work injury attorneys wrote last month about two work related fatalities at a mine in Kentucky. However, even with those two recent deaths, preliminary statistics released by the US Department of Labor and Mine Safety and Health Administration indicate that domestic mine fatalities for the year are less than half the number reported in this one incident in China.
 
The coal mines in China are the most dangerous in the world. Because of a high demand for coal in that country, producers may sidestep safety regulations. According to the Sun-Times' report, "annual fatalities are now about one-third of the high of nearly 7,000 in 2002" – significantly higher than in the United States.
 
The report did not include an indication of the cause of the gas explosion. Blasts of this type are usually caused when methane and other gases ignite, often due to poor ventilation in the mine shaft.
 
China, similarly to the United States, does have an agency that regulates working conditions in mines and attempts to prevent work injuries and fatalities. Unfortunately, these work injuries and fatalities continue to occur at alarming rates.
 
If you or a loved one are employed in the coal mining industry, or any other hazardous profession, our Illinois work injury attorneys urge you to follow all safety rules and regulations. Your employer is required by law to provide procedures and protocols to keep you safe in the work place; your responsibility is to make sure you follow them to avoid Illinois work injury or death.
 
If you have sustained an Illinios work injury, you are most likely entitled to workers compensation benefits. The process of filing for Illinois workers compensation can be lengthy and technical. The slightest oversight on your part may significantly delay the process of receiving your compensation. For this reason, you should speak with an experienced legal professional. They will guide you through the process of filing for workers compensation, making sure that your employer and their insurance company process your claim quickly and efficiently.
 

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.

 

Two Miners Killed in Work Injury Accident

"Two workers at a surface coal mine in Centertown, Kentucky died on Friday when a portion of the mine face collapsed on their truck. Charles Shields, director of the Ohio County Emergency Management Agency, said rescue workers had recovered the men's bodies and that federal safety officials were opening an accident investigation," reports the Chicago Tribune.

This is a particularly tragic example of a work injury that resulted in death. There are certain industries where the risk of work injury or death is higher than others, like coal mining.

According to preliminary statistics from US Department of Labor Mine Safety and Health Administration, there have been fewer than a dozen fatal injuries in U.S. Mining Industries in the first two quarters of this year. Coal mining statistically has the highest rates of fatalities – often higher than all other types of mining (metal, stone, sand and gravel) combined.

If you work in a hazardous industry, it is particularly important that your employer follow all necessary safety guidelines and ensure that all employees are in compliance with training and safety measures. It can be the difference between life and death or a serious work related injury.

If you or a loved one has sustained a work injury, you may be entitled to workers compensation benefits. Contact an Illinois workers compensation lawyer today to get assistance with filing a workers compensation claim today. You are entitled to benefits that will help you while you are out of work recovering from a work injury.