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.

Whistle Blowing – OSHA Offers Protection for Employees

Sometimes it takes courageous employees to step forward and report a dangerous work environment. Safety in the workplace is not a guarantee, and even in the seemingly most harmless work environments, injuries do occur. It is important to remember that protection for employees is not the first concern of employers, depending on the situation.

In cases where there appears to be employer negligence, the Occupational Safety and Health Administration (OSHA) advocates a whistle blowing protection program which prohibits any individual from dismissing or retaliating in any fashion against any employee if the employee has exercised their rights under the Occupational Safety and Health Act of 1970 (OSH Act).

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

Rights afforded by the OSH Act include:

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

●        Participating in an OSHA inspection

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

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

To File a Complaint:

Complaints regarding employer retaliation filed with OSHA must allege that:

1.      The complainant engaged in a protected activity

2.      The respondent knew about that activity

3.      The respondent subjected the complainant to an adverse action

4.      The protected activity motivated or contributed to the adverse action

An adverse action is defined as any action that would dissuade a reasonable employee from engaging in protected activity. Depending upon the circumstances of the case, "adverse" actions can include Firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denial of benefits, failure to hire or rehire, intimidation, making threats, reassignment affecting prospects for promotion, and/or reducing pay or hours.

Your safety and the safety of your co-workers may depend upon a willingness to step forward and identify employer actions which disregard protection for employees. If you believe your employer has discriminated against you because you exercised your safety and health rights or other protected activity, contact your local OSHA Office right away. Knowing your rights is very important, because time is a factor. Discrimination complaints that fall under the OSH Act only give you 30 days to report discrimination.

If you are a worker and you believe your rights have been violated, you should contact a qualified Illinois workers compensation lawyer. Contact a qualified Illinois workers' rights attorney to request 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.

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.
 

Disney Relaxes Dress Code at Workers’ Request

A new Walt Disney World policy, set to take effect February 3, will allow theme park workers to grow beards for the first time in the over 60 years the parks have been in business. It was reportedly at the request and urging of employees. 

 
"It is one of two notable changes Disney is making to "The Disney Look" — the clean-cut, all-American appearance that Disney has demanded of its theme-park employees from the day its original theme park, Disneyland, opened in 1955. The rigid code was instituted by Walt Disney himself, who wanted to distinguish his theme park from the sleazy carnivals of the time," reports the Chicago Tribune.
 
The other notable change is the addition of "casual Fridays" for employees who do not have interactions with theme park visitors. These two latest changes to the previously strict "Disney Look" follow lifting the ban on mustaches in 2000 and pantyhose for women wearing skirts two years ago. The latter is particularly considerate, as many of the women working at the theme parks in the summer were uncomfortable and overheated wearing pantyhose.

Dress Code Restrictions and Workers Rights

Asking an employee to adhere to a specific dress code is not a violation of workers rights, provided that the dress code is enforced company-wide. Red flags that your workers rights are possibly being violated are mostly raised when an individual is singled out – often it may signal harassment. 
 
For example, if the dress code does not have specific language regarding the fit of one's clothing but a manager is requesting that an employee wear more form fitting clothing, it may make the employee feel like they are being harassed and their workers rights are being violated.
 
As an employee, you should get it in writing any time you are informed you are in violation of the dress code. Additionally, if you feel that you are being targeted unfairly, or being harassed, you should contact an Illinois workers rights attorney 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.

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.

All Work and No Play? No Way.

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

 
They're deploying reward and competitive tactics commonly found in the gaming world to make tasks such as management training, data entry and brainstorming seem less like work. Employees receive points or badges for completing jobs or meeting time limits for assignments, for example. Companies also may use leaderboards, which let players view one another's scores, to encourage friendly competition and motivate performance, experts say."
 
Adding play into work is one more way that employers are trying to think "outside the box" to acheive employee productivity and motivation. With a younger, more dynamic workforce coming in to take the place of retiring baby boomers, companies have to get creative and go beyond traditional "perks." Other options cutting edge employers are offering include:
 
• Travel Benefits: Many large national and multi national companies regularly allocate money toward corporate transportation and apartments. Now many are offering those same resources to employees during their off-time as well.
 
• Flexible Schedule: Employers are starting to realize that as long as the work is getting done, they do not care where or when. As a result, telecommuting and flex-time are becoming more and more prevalent.
 
• Free Lunch: Some large companies, inspired by employers always at the forefront of the "best of" lists, provide complimentary food and beverages for employees.
 
• Fitness Benefits: Many companies have an on-site fitness center or offer employees a fitness benefit. The next logical step is to encourage employees to use the facilities by making it part of the corporate culture. The result will likely be healthier employees – upping productivity and decreasing incidence of work injury.
 
• Getting Involved: An increasing number of employers are sponsoring community service days or encouraging some type of community outreach during work time. It is a great way for employees to connect with their community without sacrificing time or their paycheck – which might otherwise be prevent them from doing so. 
 
These are just a few examples of ways that employers can show their employees that they are valued and encourage them to take breaks and have fun to increase productivity. While not all of the above are a good fit in all industries, the basic principle is the same: happy employees often make the best (most productive) employees.
 
DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. The Law Offices of Bradley S. Dworkin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Company Designs Office to Encourage Telecommuting

Headset manufacturer Plantronics believes that telecommuting is a great way to encourage flexibility and employee productivity. For this reason, their new office space is designed with the expectation that most employees, on most days, will be working from home. As a result, the office space does not actually have enough desks for each employee.

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

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

There is a growing trend toward telecommuting that is fueled by two major factors:

1. Commuting Costs: As gas and energy prices rise – and consumers become more aware of consuming energy as a result – physically commuting to work can become costly. So costly, in some situations, that employees consider taking jobs closer to home that pay less.

2. Employee Expectations: Younger generations are increasingly "plugged-in" and mobile. They know how to communicate from anywhere using multiple technological tools and programs – and they jump at the opportunity to do so.

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

One interesting topic of note about telecommuting that many employees overlook is the "ergonomically safe" piece. For this reason, workers who plan on working from home on a regular basis need to make sure they set up a home office or work space that accomplishes the following to guard against work injury:

- Chair that is adjustable to ensure that you are seated properly at the correct height and angle.
- Correct keyboard tools and placement to avoid possible carpal tunnel syndrome.
- Computer monitor screen positioned correctly at the proper height and distance to avoid eye strain.

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.
 

FAA Sued by UPS Pilots Over New Regulations

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

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

Transportation Secretay Ray LaHood has indicated that although UPS and other cargo carriers are not included in the new FAA regulations, it is hoped that they will voluntarily enact the same standards for their carrier pilots. LaHood intends to meet with representatives from the country's top cargo carriers for this purpose.

While the pilots union objects to being excluded from the new FAA regulations aimed at decreasing incidence of pilot fatigue, UPS does not. A statement from a company representative indicates that "One size has never fit all when it comes to crew rest regulations. UPS believes the FAA has recognized this fact and made an appropriate decision in its new rule."

Pilot Fatigue | Work Injury

Pilots work under more stressful conditions than many other workers because they are responsible for multiple human lives during their shift. Additionally, one pilot error – even a minor oversight – can have catastrophic or deadly results. For this reason, it is imperative that airline pilots maintain a healthy lifestyle and get enough sleep to avoid fatigue and work injury. Additionally, pilots can take the follow precautions against pilot fatigue while flying:

• Stay engaged by conversing with other crew members
• High protein meals and snacks are a better choice for keeping energy up than high-fat or high-sugar items
• Drink water or sports drinks to stay hydrated; caffeinated beverages may provide a quick boost of energy if needed
• Take mini breaks to stretch or move about the air craft from time to time if possible
• Keep the temperature in the flight cool to stay alert

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.

New FAA Rules Aim to Decrease Pilot Fatigue

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

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

Safety groups have long advocated for FAA rule changes addressing pilot work and sleep schedules to reduce pilot fatigue. Previous attempts over the past two decades have stalled when pilot unions and airlines have been unable to agree on terms.

However, a 2009 plane crash in Buffalo which left 50 people dead and was partially attributed to pilot fatigue brought the issue to the forefront once again. Family members of the deceased have worked tirelessly to get the FAA to enact stricter regulations to avoid pilot fatigue.

The updated regulations will be aimed at:

• Limiting a pilot's maximum "on-duty" time to between 9 and 14 hours, based on the time of day he or she began flying and how many time zones were crossed during flight.

• Limiting the maximum flying time to 8-9 hours, enforcing a minimum of 10 rest hours in between duty periods.

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

• Limiting allowed flight hours per month. Overnight pilots will be allowed fewer hours per month than day pilots.

Airline carriers will have to put the new regulations in place within two years. Cargo carrier pilots are exempted from the new FAA rules because it was the opinion of the FAA that including them would be a dealbreaker due to the cost of the measure vs. the safety benefit of including – or not including – carrier pilots.

It is estimated that the new rules will prevent approximately 1.5 accidents and six deaths annually, according to the FAA estimates. Subsequently, it is likely that incidence of pilot stress, fatigue and work injury will decrease.

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.

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.