The accident happened earlier this month, during the middle of the workday. The victim, who had been employed at the steel plant for nearly 19 years, was working when two stock bundles of wall tubing came crashing down. Unfortunately, the worker was in the way of the steel tubes. Nearly five tons of steel fell on his legs and crushed them.
]]> The steel was pulled off his body and he was rushed to a medical center. While they were able to save his life, they were not able to save his legs, both required amputation. Benjamin Steel, which is a leading supply chain firm for the national steel industry, is currently investigating the accident and claims to be doing everything possible to help the victim.Injuries in the manufacturing sector oftentimes involve repetitive motion stress, which also present unique challenges. In this case, the injured steel worker will have to learn how to do many things again. A simple task, such as walking, will never be quite the same as it was before the accident. Moreover, this injury may hinder his ability to return to his job at the steel plant. The adjustment to life after the injury will likely take quite some time.
For the man who was injured in the industrial accident, life was changed drastically in the matter of seconds. While his family is undoubtedly thankful that he is alive, the man and his family will have to surmount many obstacles as they adjust to living with the man's new disability. As they go through this difficult time together, workers' compensation could be of assistance as they deal with medical expenses and lost wages resulting from the accident.
Source: WMFD-TV News, "Man Injured In Industrial Accident Has Legs Amputated," May 9, 2012
]]>This is especially true for workers who have chronic repetitive stress injuries, such as carpal tunnel. Employees at an Illinois correctional facility learned this the hard way. Several employees filed claims for repetitive stress injuries, but their claims were denied because they did not file their claims soon enough.
]]> For those who suffer from carpal tunnel, often the pain develops gradually until it becomes unbearable. Some workers' compensation arbitrators say that workers should recognize the symptoms and file their claim within three years. Those arbitrators thus denied any claims that were made for carpal tunnel syndrome that were made three years after the date that their symptoms were discovered and, according to a physician's statement, said to be attributable to work.Illinois also allows for those with previous repetitive injuries to be compensated for any aggravation of pre-existing injuries. However, once more, the date of the diagnosis of aggravation is critical, and the claim should be filed within three years of the diagnosis. Otherwise, the claim may be denied, like one correctional facility employee's claim that she filed three years after retiring. Though physicians reported she did have the condition, she was denied anyway because she didn't file the claim in a timely manner.
Often, those who have a work injury become so focused on becoming healthy that they forget to take care of vital administrative procedures in a timely manner.. However, it is crucial to file a workers' compensation claim as soon as possible. In doing so, it may be possible to avoid being denied benefits for a completely valid claim.
Source: Belleville News-Democrat, "Workers' comp claims at Menard are being denied after arbitrator switch," George Pawlaczyk and Beth Hundsdorfer, April 25, 2012
]]>For those who spoke at the ceremony, it was a very emotional experience. As people remembered those who had fallen while trying to earn a living and provide for their family, words did not necessarily come easily.
]]> A wide-variety of different industries came together, including those from various local labor unions. They spoke of how everyone has a responsibility to take care of those who work alongside them and to remember those who had passed on.Only decades ago, a worker who entered a dangerous industry either had to suffer through the environment or find another job. After a series of labor reforms, worker safety measures have helped reduce the number work-related injuries and fatalities. Nationwide, the numbers of those who died from work accidents daily has been reduced to 12 from a whopping 38.
However, as the local director for the Occupational Safety and Health Administration reminded those attending the services, that any and all work-related deaths should be avoided, even though drastic improvements have been made over the last several decades. In addition, this hardly accounts for the often devastating, non-fatal work injuries that occur daily.
Work accidents are an unfortunate reality, something to which those who spoke at the memorial can no doubt attest. Labor reforms have afforded injured employees the ability to file for workers' compensation benefits. In this way, victims of a work accident may be able to pay for any related expenses they have incurred. These benefits can help workers make the difficult adjustment to life after an injury.
Source: Peoria Journal Star, "Laborers honor those who've died on the job," Eric Engel, April 23, 2012
]]>The accident happened during the fall of last year. Two workers had been performing equipment maintenance at a pasta manufacturing plant located in southern Illinois. While they were repairing a hole in a metal trough with welding equipment, a stray spark from the welder caused an explosion. The spark came in contact with dust that had gathered inside the plant and triggered an explosion inside a dust collector. This in turn caused the two men to be severely burned.
]]> After a lengthy investigation, OSHA found the Glister-Mary Lee Corporation to be at fault for six violations, including three willful violations, concluding that the company deliberately disregarded or ignored their employees' safety. For this reason, OSHA has taken several steps with this company in order to ensure that workplace safety practices are implemented. The company will be forced to take part in investigations by OSHA as part of the OSHA's Severe Violation Enforcement Program to make sure that worker safety measures have been employed in the future.Fortunately, no fatalities occurred as a result of this accident. Still, this investigation is a sobering reminder that some companies knowingly resist workplace safety guidelines, which directly contribute workplace accidents. Over the last several years, there have been multiple dust-fueled explosions at manufacturing centers throughout the country. By now, the danger that dust accumulation poses is well-known, so companies impacted by this should be taking all the necessary steps to prevent these incidents. Clearly, not every manufacturing center has followed trends and regulations designed to protect their personnel.
Source: WSIL-TV News, "Gilster-Mary Lee Cited for Safety Violations," Mandy Robertson, April 19, 2012
]]>One of the new bills was presented to the state House of Representatives late last month. The proposal would deduct prior, partial disability amounts from benefits to be paid to injured workers. This change would apply for subsequent injuries to a person if the injuries occur in the same part of the body as the first injury. This change, if passed, would alter calculations of benefits for those who have previous injuries.
]]> In another proposed bill being considered by the Senate, idiopathic injuries, conditions with an unknown cause, would not be included in workers' compensation benefits. The legislation, if enacted, would also require employees to seek treatment from a physician included in their employer's preferred provider program. Currently, the employee has the option to opt-out of the employer program.The proposal in the Senate also would include new definitions for some injuries. Additionally, it proposes stricter definitions concerning the cause of a claimed injury, including language requiring that the injury be established to a reasonable degree of medical certainty.
Those working in Illinois may be interested in watching what happens with these legislative proposals. Changes in the state's workers' compensation programs could potentially negatively affect many workers. Anyone who has been injured on the job would benefit from reviewing, the proposals and any subsequent laws, perhaps with the assistance of a professional, as they confront the rules and guidelines in applying for workers' compensation benefits.
Source: Business Insurance, "Illinois workers compensation bill could change awards for previously injured employees," Sheena Harrison, April 3, 2012
]]>The accident, which happened in Sycamore at a Menards storage lot, ideally shouldn't have occurred. The worker had serviced similar machines at many different stores and was experienced in dealing with forklifts. At the time of the accident, he had been servicing a forklift by performing mechanical work. While he was working on it, he was trapped in the piece of machinery and was crushed to death.
]]> Workers called 911 when they discovered the scene that afternoon. Emergency responders reported that the victim was not breathing and unconscious when they arrived. The DeKalb County Coroner pronounced him dead at the scene of the accident. Management notified the Occupational Safety and Health Administration of the fatal work accident, which is the case in every workplace fatality. In order to follow standard practices, OSHA is investigating the accident.No words can express the heartbreak that the victim's loved ones must feel. As OSHA officials continue to investigate the Illinois work accident, it is hoped that they will gain closure from the results as they struggle with life after the loss of this man. They may take some solace in the fact that workers' compensation death benefits should assist with medical and funeral expenses, in addition to the man's lost income as a result of the tragedy. In the meantime, the employers will hopefully learn from this accident and enforce safety measures to make sure that similar accidents never happen again.
Source: New York Injury News, "Sandwich Man Killed in Forklift Accident at Sycamore Menards," Nicole Howley, March 31, 2012
]]>The accident occurred one morning late last month when a one-story building caved in while it was still under construction. Three construction workers inside the building at the time of the accident were trapped by debris. One of the workers was dead upon arrival at a nearby hospital. Another was in reportedly stable condition, while the third worker's condition was not immediately known. The exact cause of this accident is currently unknown and under investigation.
]]> Construction sites can always be risky, but a fatal accident should be a thing of the past at Illinois work sites. While nothing can atone for the heartrending loss of the construction worker's life, his family will likely be eligible to receive workers' compensation death benefits. Additionally, those workers who were injured may be entitled to receive benefits to help pay for their medical expenses as well as to cover lost income while they recover from their injuries And if an investigation documents that the injuries sustained were caused by the negligent actions of a third party, the law generally permits those seriously injured -- or the estates of those killed -- to pursue negligence claims for monetary damages against that third party.Source: The Washington Post, "Construction collapse at 1-story NYC building kills 1 worker and injures 2," March 22, 2012
]]>A man working at the manufacturing company AdFilm was trapped inside a machine at one of the firm's plants. At 2:30 p.m., fellow workers called emergency medical services and local fire department to report the incident. Though the man was able to be freed from the machine by the time rescue workers arrived, he was still transported by helicopter to a local medical center for leg injuries. His medical condition at the time he was admitted to the hospital was not reported.
]]> While the reason behind his injury was undisclosed, it is possible that this work-related accident may have been entirely avoided had the company followed certain procedures to safeguard workers. When employees operate into dangerous equipment, there are often specific guidelines to protect the workers from sustaining serious injuries. If a company does not adhere to necessary safety guidelines, then they risk exposing their workers to dangerous conditions. Nevertheless, workers' compensation benefits will likely provide funds to pay for the man's medical expenses and lost time from work. Typically, in this situation, employers will review their safety procedures, and those involved will want to ensure appropriate procedures are in place to prevent any more injuries from occurring.Source: Toledo Blade, "Employee injured in industrial accident," March 19, 2012
]]>Earlier this month, a 53-year-old man was working at a hotel construction site. In the accident, a crane's hook block accidently touched the scissor lift on which he had been working. The lift toppled over and the worker fell at least 15 feet onto a concrete deck. He was rushed to a hospital, where he died the following day. The local medical examiner determined that a blunt force trauma to the head caused his death.
]]> The victim's fellow workers of the man are no doubt concerned about the overall safety of their work sites as they mourn the loss of their co-worker. While the police and Occupational Health and Safety Administration are currently investigating the workplace to determine whether the death came as a result of poor workplace conditions or negligence, this can hardly take away the loss that has already occurred. Nor can anything truly voice the pain and suffering from the man's family as they grapple with this tragedy.For Illinois workers who believe that the construction site that they are working for operates under unsafe workplace conditions, this may be a wake-up call. Though construction sites have always held some danger, fatal accidents should not be so common. While this man's family may be entitled to workers' compensation death benefits, those who believe that their construction site is unsafe and may potentially injure or kill either themselves or their fellow workers will understandably want to take appropriate action to prevent similar tragedies. Doing so by notifying the appropriate authorities may help save lives.
Source: The Republic, "Vt. worker dies from head injury at Hanover construction site," March 14, 2012
]]>The accident occurred earlier this month, during the middle of the workday. A witness claims that the men were struggling to erect a ladder, presumably to climb to the top of a two-story building. As the workers were climbing up the ladder, the ladder slipped backward, causing the men to fall into the electrical wires.
]]> The victims were taken to local a hospital near the site of the incident. One of the workers, a 51-year-old man, was pronounced dead at the hospital. The other worker, a 48-year-old man, received electrical shocks, but was said to be conscious after the fall. The extent of his injuries was not immediately known. Currently, the Occupational Safety and Health Administration is conducting an investigation into this accident to determine the cause and whether unsafe working conditions contributed to the tragedy.As the investigation commences, hopefully the injured worker, as well as the family of the deceased victim, will receive closure with the details of the accident report. While the event was certainly heartbreaking, Illinois employers should take every reasonable precaution to avoid a catastrophic industrial accident. If the investigation by OSHA shows that the workplace failed to maintain a safe environment for workers and thus caused the accident, the victims' employer may face fines and be required to take corrective measures to avoid such injuries in the future. In the meantime, the family of the deceased victim is may be entitled to workers' compensation death benefits, while the worker who survived should be able to collect benefits for his injuries and lost time from employment.
Source: The Oakland Press, "One killed, one injured in industrial accident in Brandon Township," Dave Phillips, March 2, 2012
]]>The industrial accident in question occurred on earlier this month in the early hours of the afternoon. Two workers were unloading acid from a tanker truck and the corrosive material spilled on both of them. Both workers sustained injuries and one was injured seriously enough to require an emergency helicopter to provide transportation to a local hospital for further medical care. The other worker was taken to the hospital by ambulance. The full extent of their injuries was not immediately reported, though the victim's families and friends surely hope that they recover quickly. An investigation will likely commence to determine how the accident was caused and whether unsafe working conditions were a factor.
]]> Working at a manufacturing plant carries risks, whether the facility is in Illinois or anywhere else in the country. Dangerous chemicals and equipment causing potential injury may be present at every stage of a work operation. Severe injuries often suffered as a result of employer negligence or unsound working conditions cause individuals to lose a substantial sum of wages and may limit their ability to work in the future. Fortunately, workers injured while on the job may be able to receive workers' compensation benefits in order to compensate them for expenses associated with a workplace accident.Source: FOX News 26, "Workers Injured in Industrial Accident," John Perera, Mar. 1, 2012
]]>In September 2011, a worker suffered second and third-degree electrical burns on his hand after touching exposed electronics equipment. After an investigation, the Occupational Safety and Health Administration (OSHA) determined that the company was in violation of allowing its workers to come into contact with the exposed electronics equipment. Additionally there were five other violations assessed against the company for unsafe working conditions, including failing to provide proper safety equipment to workers.
]]> Because of the company's failure to provide safe working conditions for its employees, OSHA fined the Illinois company $91,000. As costly as this fine is, it is nothing in comparison to the pain and suffering a worker debilitated due to unsafe working conditions may feel. However, an OSHA fine is imposed against a company for past violations and to ensure future safety.Those with a work-related injury should not hesitate to report the unsafe working conditions. Not only may they be able to receive workers' compensation as a result of their injuries, but they may also be able to help their fellow workers by addressing underlying safety concerns at work. Knowledgeable legal representation can help those who have concerns with workplace safety.
Source: Chicago Tribune, "OSHA cites Ill. company for injury at Wis. plant," Feb. 28, 2012
]]>During the early hour hours of the evening, emergency service workers were called to a port to respond to an accident involving a worker. A 47-year-old woman had been crushed by two metal containers, each of which is about the size of a car. Both of the containers had just been removed from a ship. The woman was rushed to a hospital and received treatment for her catastrophic injuries. Within about an hour of the accident, the treatment was not working and the woman was pronounced dead.
]]> As of now, the spokespeople for the privately operated container yard have released few details about the incident. In the meantime, investigations have been launched to determine the cause of the accident. Among those looking into the industrial incident is the Occupational Safety and Health Administration (OSHA). Their investigation will determine if the accident was the result of unsafe working conditions.Working at a dock certainly carries risks: massive cargo containers moving around all day can be a threat to a person's safety. However, this does not mean employers should not make a strenuous effort to eliminate any unnecessary threats to the safety of their employees. We all look forward to the day when there is no risk of accident or death within workplaces.
Source: The Star-Ledger, "Female dock worker at Port Newark killed in industrial accident," Tomas Dinges, Feb. 22, 2012
]]>While at work, the bailiff noticed that he put on the wrong tie when he got dressed for work. Rather than putting on the required blue tie in the morning, the man accidently wore a Christmas tie to work. After he spilled coffee on his shirt later in the day, he decided to go home to change clothes. While on the way home, he was involved in a head-on collision with a truck. The man's injuries required a month-long hospital stay.
]]> Initially, the man's workers' compensation claim was approved, but was later reversed on an appeal. In the first hearing, the man was granted a benefit for his injuries, because he was required to change his outfit for work. However, in the appeal, a court ruled that he was not entitled to a benefit due to his state's "going and coming rule." The man was unable to receive a benefit because he had left his place of work and had not asked his supervisor if he could do so.Illinois is a no-fault workers' compensation state, which means that an employee is entitled to some benefit if they are involved in a work-related incident, no matter who is at fault. The bailiff's case is a difficult one because it involves a very unique set of circumstances. Now that the man will not be receiving financial compensation for his injuries, he will be entirely responsible for his medical expenses.
When your workers' compensation claim involves a complicated set of circumstances, such as a work-related incident that occurs when you are not at your place of work, it is important to have a passionate advocate to represent your interests. Knowledgeable representation in a compensation hearing can mean the difference between receiving a benefit and having your claim denied.
Source: Business Insurance, "'Going and coming rule' makes worker's car accident injuries noncompensable: Court," Sheena Harrison, Feb. 13, 2012
]]>The woman was working as a server at a restaurant when she tripped over a box of potatoes and broke her wrist. She was taken to the hospital for treatment and a drug test was administered, in accord with the employer's policy. After the test came back positive for marijuana and Xanax, the employer and insurance company denied the woman any benefit beyond what was necessary to cover the emergency room expenses.
]]> An initial ruling determined that intoxication, due to the drugs, did not contribute to the accident. Additionally, the judge did not see the Xanax as an issue because the medication was prescribed for pain. This decision that granted the woman temporary disability payments in addition to medical expense coverage and her employer appealed the ruling. An appeals court decision maintained the earlier decision, stating that it could not be proven that intoxication contributed to the woman's fall.Sometimes work-related accidents involve a convoluted set of circumstances, but that was not necessarily the case for this injured restaurant server. She and other employees were forced to work around the box of potatoes that cause her to fall. There was no reason to believe that any other factors contributed to the accident.
It's often hard to know exactly what rights you have in situations such as this. As such, this case indicates the importance of having knowledgeable legal representation when dealing with workers' compensation. If you're ever wondering if you have a claim to receive benefits for injuries sustained at your place of work, it is a good idea to seek professional advice.
Source: Business Insurance, "Injured worker entitled to comp benefits despite positive drug test: Court," Roberto Ceniceros, Feb. 3, 2012
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