Chicago-Land Personal Injury Lawyer

Teen Workers: How to Stay Safe this Summer!

Nick Avgerinos — Thu, 03 Jul 2008 11:10:00 GMT

Remember what it was like to be a teenager? A false sense of invincibility, a dread of asking questions that might make you look dumb, and an eagerness to prove yourself on a first job? For many teens that are using their summer vacations for their first jobs, these traits combined with inexperience and improper safety provisions can be dangerous in the work place.

Every year , approximately 200,000 teenagers in the United States are injured on the job, and about 70 are killed. Which makes teens two times more likely to be injured on the job than adults. This higher risk of injury has inspired New York to make June " Teen Worker Safety Month ." This month, state agencies will take steps to inform employers of laws and regulations for young workers, provide information to teen workers about their rights, how to work safely, and how best to communicate with their employers to ensure that their right are not violated. Furthermore, the New York Workers Compensation Board said Tuesday that it will expand a program to promote safety for teenage workers.

A study published in the Journal of the American Academy of Pediatrics in March of 2007 reports that many employers break laws by allowing teenagers under 16 to work past 7 PM on a school night, that teenagers perform multiple tasks on the job, lift heavy objects, or use certain types of dangerous equipment, or illegally serving alcohol, all of which may contribute to workplace injuries.

What may be obvious to an adult may not be obvious to a teenager, which is why employers should take caution in hiring teen workers. Adequate training aimed at a teenage audience is crucial. Employers should match teenage workers with a more experienced "buddy" or mentor to help them learn the safety intricacies of the job, and encourage teens to ask questions. Teenagers should not be operating heavy equipment, and employers should avoid tasks that require driving, as many teenagers have underdeveloped driving habits.

In Illinois , as in other state, Seasonal and teenage employees are entitled to the same workers' compensation rights as full time employees, so employers should be sure to protect themselves with adequate precautions, and teen workers should know their rights. Stressing safety to teens is not only the law, is it is a moral obligation for those entrusted with their care.

Employers can find many resources on the internet that provide further safety tips if they follow these links from credible blogs , the Occupational Safety and Health Administration of the U.S. Department of Labor, and the National Institute of Occupational Safety and Health

Originally posted at InjuryBoard by Nick Avgerinos

It's Not Easy Being Green: Bike Safety in the City

Nick Avgerinos — Wed, 02 Jul 2008 10:06:00 GMT

With $5 gas apparently on the horizon , we're all looking for ways to cut down our consumption. So, for budgetary as well as eco-conscious concerns, many are filling up their bike tires and hitting the road. In the densely populated city of Chicago , with pedestrians tripping over one another on the sidewalks and cabbies riding each other's bumpers on the street, it's difficult for bicyclists to squeeze through on two wheels.

Sadly, this space crunch has resulted in serious injury and even death for many bike riders. According to NBC , there have already been five deaths this year from bicycle accidents. On Monday morning, one bicyclist was hit on the corner of Lincoln Avenue and George Street ; luckily, the cyclist was able to pedal away. Just a couple weeks ago, however, one young man was not so lucky when he was hit by the door of an SUV and then run over and killed by another car on North LaSalle Street .

This recent fatality is an example of something called 'dooring' and it is against Illinois law, pursuant to 625 ILCS 5/11-1407 . The Chicago Bicycle Safety Ordinance likewise outlaws dooring. Why the emphasis on this phenomenon? Well, there's simply a space issue in the heart of the city and dooring is relatively easy to do. It only requires a second of inattention. It's important to realize that any moment of disregard could have dire consequences for our neighbors on two wheels. The phrase 'keep your eyes on the road' is just as pertinent after you turn the motor off.

The sheer size and weight of motor vehicles makes the road dangerous for bicyclists. And the fact that many cyclists do not wear a helmet on a regular basis ---according to Injury Board member Megan Roth, a full 50%---makes things worse. Head injuries account for the most bicycle deaths each year! It's important that bicyclists do their best to stay safe, including, as recently explained by attorney Kristin Labanauskas , following the rules of the road .

Many sites have sprung up to help keep Illinois cyclists stay safe. The Illinois State Police have assembled a bicycle safety command center that is particularly helpful; it provides list of laws applicable to cyclists and a summary of what they mean. There is also a list of safety tips , but some are hard to apply in the city; avoiding busy streets and always letting cars go first, for instance. (You might never get anywhere.) Still, it's helpful to garner as many tips as possible and then use them to the best of your ability.and always, always wear a helmet. Remember: the price of gas is nothing next to the cost of losing your life.

Originally posted at InjuryBoard by Nick Avgerinos

Today's Forecast: Construction With A Chance Of Injury

Nick Avgerinos — Mon, 30 Jun 2008 10:51:00 GMT

Some say there are two seasons in Chicago: winter and construction. With construction season upon us, the safety forecast is bleak. The nature and number of projects going on in the Chicagoland area makes construction work risky business.

Injury Board member Jeff Rasansky recently reported a crane accident that killed a construction worker in Dallas. Unfortunate accidents are happening all over the city of Chicago as well. Just last month a man died after falling several stories at a Northwest side construction site. Two other men were hospitalized after one of them fell 13 feet from a beam and atop the other near Interstate 88 and Route 53 in Lisle. And just recently two highway workers were struck by a car on I-57; one worker was killed and the other was seriously injured.

That's why on-site safety is so important. CPWR, the Center for Construction Research and Training, provides helpful information to minimize safety hazards. Many of those tips are available here, from the Construction Safety Council. Injury Board members have been writing about some salient issues as well, such as nail gun safety and spinal cord injuries.

Construction is dangerous work and many of the most common accidents don't make the news. You might be surprised to know that a full 25% of construction injuries are back-related. In fact, the construction industry has the second-highest rate of back injuries of all industries (second only to transportation). This is a serious problem, given the potential for permanent damage to one's body and the end of one's career. CPWR provides these tips for minimizing back injuries:

Get Help:

• Use carts, dollies, forklifts, and hoists to move materials - not your back.

• Use carrying tools with handles to get a good grip on wallboard or other odd-shaped loads.

• If materials weigh more than about 50 pounds, do not lift them by yourself. Get help from another worker or use a cart.

Move Carefully:

• When lifting or carrying materials, keep the load as close to your body as you can.

• Try not to twist, when lifting and lowering materials. Turn your whole body instead.

• Lift and lower materials in a smooth steady way. Try not to jerk the lift.

• When you pick up materials off the ground:

-Try supporting yourself by leaning on something while lifting.

-Don't bend over; instead, kneel on one knee and pull the load up on to your knee before standing. (Wear knee pads when you kneel.)

Although many of the risks inherent in construction work are beyond our control, others aren't. The Illinois Department of Transportation provides a long list of road construction happening in the Chicagoland area. (That explains your bumper-to-bumper commute, right?) And while many of us curse the seemingly endless delays caused, we all enjoy the fruits of construction labor. So, take a minute to appreciate what construction workers are doing for us and to do what you can to maximize their safety. You can help; slow down to save lives.

Originally posted at InjuryBoard by Nick Avgerinos

It's Never Too Late To Say You're Sorry (But Earlier Is Better for Business)

Nick Avgerinos — Thu, 26 Jun 2008 10:36:00 GMT

To apply the law to a given situation, specific facts are needed. Legal battles then center upon a game of "he said, she said," leading to a messy fight and often less-than-ideal resolution. But what about the truth? You can't handle the truth. At least that's what we've been told. But what if we laid all the cards on the table right away?

I recently wrote about the financial reward doctors may get for admitting their mistakes in "Slice of Humble Pie: Doctors may get Cash Bonus for an Apology." In it, I referenced the recent New York Times editorial with data suggesting that a simple "I'm sorry" or upfront offer of fair compensation, depending on the situation, decreases the chances that a claim will be brought, thereby eliminating the need for litigation. Straight-shooting from doctors: we save time, they save money. Everybody wins.

But what about personal injury claims? Someone is hurt and someone is to blame. Everyone wants compensation but no one wants to pay. Sound about right? Well, maybe businesses should consider a new strategy. I just came across an article claiming that they, too, can reap financial rewards for a similar forthrightness.

The study, conducted by University of Virginia Law School Professor Jeffrey O'Connell and Associate Professor of Finance Patricia Born of California State University-Northridge, examined court settlements of businesses facing personal injury cases between 1988 and 2004 in Texas and Florida. What did they find? Promptly paying plaintiffs' out-of-pocket medical expenses and lost wages can save businesses money as well as time. The upfront acknowledgement of fault circumvents lengthy courtroom battles and decreases the prevalence of "pain and suffering" awards.

In a time of complex mergers and acquisitions, something as simple as an "I'm sorry" is too often overlooked. Businesses become entangled in lawsuits for a multitude of reasons, but here is a simple way to get out of personal injury suits as quickly as possible. Just fess up; sometimes it's okay to settle. Swallow those excuses along with a slice of humble pie and focus your energy on making things right. The reward? The study estimates that companies could save an average total of $114,000 per claim or $670,000 for severe injuries by promptly settling cases instead of fighting them in court. Not bad.

O'Connell and Born propose an early offer system that would give businesses 180 days to offer claimants payments for their medical expenses and lost wages. O'Connell explains this proposal, saying, "Thus a crucial element of the tort system's deterrence mechanism is retained: Injured parties could still win suitably large monetary awards under the early offers model for both economic and non-economic damages in clear cases of aggravated error."

Would such a system suit everyone's purpose? The victim receives acknowledgment and prompt compensation, and the business can cut its losses, not losing time and money entangled in a lawsuit. Sounds good. Then again, businesses might not be ready to claim responsibility; maybe they're not actually at fault. And maybe victims would rather hold out for a larger award. Maybe not so good. O'Connell and Born's study provides interesting data, but the merits of their proposal, and early settlement in general, still have to be weighed on a case-by-case basis.

Originally posted at InjuryBoard by Nick Avgerinos

Dancing Their Way to Rehabilitation: Unconventional Rehabilitation Methods Following a Spinal Cord Injury

Nick Avgerinos — Mon, 23 Jun 2008 10:01:00 GMT

As Personal Injury Attorney Steve Lombardi has recently written, spinal cord injury rehabilitation has changed drastically in the past 50 years. As technology has developed, unconventional methods of physical therapy are being tested. For example, one medical center in India has introduced music and dance as a healing tool for its patients. As one article describes, music fills the corridors of the medical center. The long-term effectiveness of this therapy is unknown, but the immediate effects include improved muscle strength, as well as improvements in confidence and mood.

Some have suggested that music therapy provides numerous benefits in everyday life. Referred to as the Mozart effect, many believe that listening to Mozart's music in early childhood will help advance mental development. Musicologists have also found that music can lower blood pressure or calm the body. Now, experts are looking toward music to help assist in rehabilitation for spinal cord injuries.

The American Journal of Dance Therapy suggests that music with "sound improvisation and imagery" in particular helps with the rehabilitation process. Others have suggested that rhythmic music is particularly therapeutic. However, whatever the type of music, many have suggested that this untraditional method of therapy is something that should continue to be explored.

Originally posted at InjuryBoard by Nick Avgerinos

Cramped Quarters: Freak Accident Seriously Injures Metra Rider

Nick Avgerinos — Sat, 21 Jun 2008 10:13:00 GMT

With gas prices soaring, many are opting for a greener commute: the train. The Chicago Tribune recently noted this trend, explaining that many commuters are left to pack into the aisles, sit on stairs, or wait in the vestibule. While that might be good news for the environment (and Metra), it's hardly a positive development for train safety.

Ridership is up; it was up by more than a million passengers (or 5%) in the first four months of 2008. One can only imagine the surge now that summer is upon us! And for those of you picturing one or two people standing, waiting to get off the train, you're wrong. Picture shoulder-to-shoulder people, jockeying for seats and struggling to stay standing. In fact, just this month, a twenty-year rider experienced a first: he couldn't get on the train. That's right, the vestibule was so packed that there wasn't even a way to wedge himself in, leaving the man stranded until the next train.

And while some might argue that the comparatively low cost of train tickets and its benefit to the environment is worth a little discomfort, the safety problem this space crunch creates is palpable. The June 20^th freak accident on the Rock Island Metra line highlights this safety concern.

As reported, around 7:30 a.m., a woman was standing in the vestibule of a train car when one of the car's steel doors came crashing down upon her. She was rushed to the hospital in serious condition. What happened? Apparently, the door crashed into her after being hit by a dislodged crossing gate. The crossing gate split the seam of a sliding train door. Metra reports that this is the first time anything of this nature has ever happened on the line.

The details of this tragic accident are still forthcoming. We don't know if the injured woman was waiting for her stop and simply happened to be at the wrong place at the wrong time, or if there simply wasn't any place for her to sit. Either way, it calls our attention to the potentially dire consequences of packing those cars so tightly every day.

As I've written before, it's important that you do all that you can to stay safe while riding the rails. Let's hope that Metra also does its part to develop a more comfortable commute and safer situation for its growing community of riders.

Originally posted at InjuryBoard by Nick Avgerinos

Prevention of On-the-Job Spinal Cord Injuries

Nick Avgerinos — Fri, 20 Jun 2008 10:58:00 GMT

Prevention of On-the-Job Spinal Cord Injuries

As the Discovery Channel's Deadliest Catch brings the United States' deadliest job (crab fishing) into family rooms around America, many people would be surprised to find other occupations that make the top 10 list of the deadliest jobs in America. The United States Department of Labor, Bureau of Labor Statistics has the unenviable task of compiling accidents, injuries and fatalities each year. Among the top ten, some would be surprised to find roofers. What is the risk? The profession requires work to be done at considerable heights.

Working at heights has received considerable attention in the media recently as New York City makes headlines for a second crane accident in just two and a half months. Many like Attorney Drew Dixon from Arkansas have been scrutinizing crane safety requirements. But the risk faced by crane workers as well as roofers also stems from the height the workers are forced to ascend every day.

Unfortunately, in many cases, death is the result of construction accidents and work injuries. The worker is oftentimes left with a severe spinal cord injury. As Attorney Steve Lombardi has recently noted, spinal cord injuries are caused by numerous events, including a fall from heights. It is estimated that 21% of spinal cord injuries are caused by falls. Of those injured, 82% are male, and 56% of the injuries occur between the age of 16 and 30. It is estimated that for every 100,000 construction workers, 15.3 will be involved in a fatal accident. But, only 18.3% of accidents that involve construction workers are fatal.

The focus should not only be on raising industry standards, but on protecting the individual while these changes are being implemented. The State of Washington's Department of Labor & Industries outlined numerous ways to protect individuals from accident or injury. Measures include using hard hats and arm protection. However, those who work at heights should also use safety harnesses and possibly extra scaffolding. With over 200,000 people in the U.S. alone suffering from spinal cord injuries, measures need to be taken to prevent spinal cord injuries from occurring.

Originally posted at InjuryBoard by Nick Avgerinos

"Can You Hear Me Now?"

Nick Avgerinos — Wed, 18 Jun 2008 10:07:00 GMT

Listen. To what, you're probably asking; and that's the problem. We are an overwhelmingly chatty society. And with technology, with Ipods or a Bluetooth in our ear and email at our fingertips, it's no wonder we eschew quiet time. And sometimes that's okay.

But sometimes it's dangerous. Case in point: your commute. No matter whether you're making the trip from the suburbs to the city via train, plane, or automobile, you're increasing your risk of injury by failing to keep your ears open. We are a society that prizes efficiency, and technology affords us that luxury. And while most of us know that this 24/7 accessibility is both burden and blessing, we should also know that it monopolizes much of our attention.

Just imagine a day without your Blackberry, laptop, or Ipod. It's tough to do. And that explains why technological treasures are linked with so many accidents nowadays. According to Injury Board member Craig Kelly, several hundred thousand accidents are caused by cell phones alone! I wrote recently about the heightened concern about texting while driving; texting diverts not just our ears but our eyes as well from the road. I know we all want to have constant communication, but sometimes silence is imperative for safety.

We have had the misfortune of many local train accidents recently. We have lost neighbors in Western Springs, Edison Park, Des Plaines, and the Northwest Side of Chicago all in the past couple weeks. And while the details of these accidents are still forthcoming, we need to do what we can to avoid similar accidents in the future. I have blawgged about train safety before, and it all starts with stop, look, and listen. We look at that as hackneyed advice, but often fail to consider it.

What should it mean for us? For starters, turning down the radio or turning off your cell phone in the car. Likewise, taking out your earbuds and putting down your cell phone on while standing on the train platform. Just last year a Florida woman was struck by a train while listening to her Ipod. These seem like simple suggestions, but take a look around on your commute. We all assume these simple tips don't apply to us. Newsflash: they do.

It's time that we pay respect to those who have lost their lives in such tragic accidents during their commute by doing what we can to avoid future accidents. So, on your way home from work today, tune in to what's going on around you, rather than tuning out with your gadgets.

Originally posted at InjuryBoard by Nick Avgerinos

Rocky Road: Drunk Drivers Swerving Into Your Lane

Nick Avgerinos — Fri, 13 Jun 2008 10:30:00 GMT

A lot can happen in a half hour: lunch, an episode of your favorite sitcom, or your drive home from work (if you're lucky). And perhaps that half hour will pass uneventfully. For too many people, however, it is interrupted by a tragic injury. Every 31 minutes, someone dies from an alcohol-related motor vehicle crash. Every 2 minutes, someone is non-fatally injured the same way. That's right, by the time you're done reading this blawg, another person has been hit by a drunk driver.

Given our substantial knowledge about the risks of driving under the influence, its prevalence is staggering. According to the Department of Justice, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics in 2005 alone. The more surprising part: that's less than 1% of the self-reported episodes of alcohol-impaired driving. We hear about DUIs and DWIs every day; just imagine the real frequency of such instances being about 100 times what you thought. That's pretty scary stuff.

Unfortunately, though, it is a mistake that millions of Americans continue to make. The solution: defensive driving. You can't control who is on the road, but you can control where you drive, when you drive, and with whom you drive. Here are some tips for staying safe:

Volunteer to be a designated driver.
Always use a safety seat belt.
Use four-lane highways whenever possible.
Avoid rural roads.
Avoid travel after midnight (especially on Fridays and Saturdays).
Choose vehicles with airbags.
Refer to safety ratings before selecting your next vehicle. See "Buying a Safer Car" (nhtsa.dot.gov/cars/testing/NCAP). "Buying A Safer Car" includes safety ratings of cars, vans, and sport utility vehicles by year, make, and model.
Never use illegal drugs. Illicit drugs are involved in a large proportion of traffic fatalities.
Never drive when fatigued. The dangers posed when fatigued are similar to those when intoxicated. A drunk or fatigued driver has slowed reactions and impaired judgment. And a driver who nods off at the wheel has no reactions and no judgment! Drivers who drift off cause about 72,500 injuries and deaths each and every year.
Don't use a car phone, put on make-up, comb your hair, or eat while driving. Drivers using cellular phones are four times more likely to have an accident than other drivers.
Steer clear of aggressive drivers. Aggressive drivers may be responsible for more deaths than drunk drivers.

Keep in mind that drunk driving is an expensive mistake, both fiscally and humanely speaking. My guess is most individuals who make that mistake, and hurt others in the process, greatly underestimate the tab for drinks that night. We all know that you can't be 100% safe 100% of the time, but you can better your odds. It's simple math; when it comes to following safe driving tips, there's no such thing as one too many.

Originally posted at InjuryBoard by Nick Avgerinos

�Cuidado!: Safety Supplanted By Silence In The Workplace

Nick Avgerinos — Thu, 12 Jun 2008 14:18:00 GMT

�Cuidado!: Safety Supplanted By Silence In The Workplace

The National Safety Council declared June to be National Safety Month. What better way to address safety than to discuss workplace safety issues, as so many personal injuries take place in the course of an honest day's work. Safety on the job is perhaps the biggest concern for those who can't voice their reservations due to fear and oppression.

According to the CDC's Morbidity and Mortality Weekly Report, Hispanic workers are dying on the job at a significantly higher rate than others. According to this study, Hispanic workers died at a rate of 5 per 100,000 workers in 2006. Interestingly, the rate for foreign-born Hispanics, roughly 6 per 100,000, was far higher than the 3.5 per 100,000 for those born in the United States. Why? Companies are taking advantage of the limited alternatives offered to these individuals. In short, immigrant workers need jobs and companies want low-wage workers. Unfortunately, the laws of supply and demand favor big business here.

As I first mentioned in "Breaking Down Borders: Speaking Up For Those Without a Voice," safety training for immigrant workers is grossly lacking. I have to echo attorney Will Parker's post, asking, how much does it cost to print safety instructions in two languages? And, as Steve Lombardi pointed out, why are we making it hard for people to do the jobs that we don't want? Given recent statistics of the CDC, it's doesn't make a whole lot of sense. We persist in making life as difficult as possible for a group of people who are working their behinds off to save ours.

Just last month, a pregnant teenager died from heat-related causes, laboring in the hot California sun. It is suspected that she collapsed due to a lack of proper access to shade and water. It's not rocket science that people toiling for hours upon hours in the sweltering heat need periodic rest and hydration. So, why the lack of proper safety regulations? The bottom line: it hurts the bottom line.

But these are people! In a country that declares its dedication to diversity and democracy each and every day, it is startling how little companies seem care about the people doing work that we need survive and thrive. Out of sight, out of mind, perhaps? Arturo Rodriguez, president of the United Farm Workers, puts it well, explaining that these workers are not agricultural implements to be used and discarded. Rather, "They are important human beings. Important to their loved ones, important because of the work they perform in feeding all of us."

The legal status of many immigrants in this country does pose a problem for regulation. But maybe, just maybe, we will begin to see that this is an issue with as much human as legal resonance. And by helping to give a voice to those who cannot use their own, we can help to truly make this the land of the free and casa of the brave.

Originally posted at InjuryBoard by Nick Avgerinos