Chicago-Land Personal Injury Lawyer

$1 Billion Workers' Compensation Lawsuit Against AIG Dismissed

Margaret Embry — Mon, 31 Aug 2009 16:43:03 GMT

Judge Robert Gettleman of the U.S. District Court in Chicago dismissed a federal lawsuit against American International Group Inc (AIG) on August 20th, according to Reuters. The lawsuit accused AIG of fraudulently shortchanging state workers' compensation pools out of more than $1 billion.

The lawsuit was dismissed due to the National Council on Compensation Insurance Inc. (NCCI's) lack of standing to sue AIG on behalf of hundreds of insurers in its National Worker Compensation Reinsurance Pool.

Many states require firms that sell workers compensation insurance to also fund pools to cover injuries for workers at companies that cannot obtain coverage on the open market, in some cases because their jobs are too risky.

Citing a New York state investigation and an internal AIG probe, Judge Gettleman said that for several years the insurer had understated workers compesation premiums to evade required payments, which resulted in at least $60 million of unlawful annual benefits.

Even with the dismissal, Judge Gettleman did not absolve AIG of potential claims by insurers that take part in such pools. Because of this, many are pursuing claims that seek class-action status in a separate lawsuit.

A spokesperson for the board of the National Workers Compensation Reinsurance Pool, said the insurers plan to keep pursuing their claims "to remedy AIG's admitted wrongdoing (and) to obtain a full and fair accounting by AIG."

The case is National Council on Compensation Insurance Inc v. American International Group Inc et al, U.S. District Court, Northern District of Illinois (Chicago), No. 07-2898.

Originally posted at InjuryBoard by Margaret Embry

Illinois Teen Killed By Amtrak Train

Chrissie Cole — Mon, 16 Feb 2009 15:29:00 GMT

An Amtrak train struck and killed a 14-year-old Chicago boy in suburban Lansing, Sunday night, police say.

When officers arrived at the Canadian National Railway tracks they found the boy had been struck by an eastbound train… The Cook County Medical Examiner’s office has identified the boy and his family has been notified.

According to officers, the boy had reportedly been trying to cross the tracks with friends before the train came.

The Federal Railroad Administration, in Illinois, estimates that on average there are 175 train accident each year and over 40 train related deaths annually.

Originally posted at InjuryBoard by Chrissie Cole

Scary Halloween Treats: Keeping an Eye Out for Melamine

Nick Avgerinos — Thu, 30 Oct 2008 12:09:20 GMT

With the recent development of tens of thousands of Chinese infants falling ill from milk powder that contained melamine, consumers might find it wise to keep an eye on candy products produced in China this Halloween.

The Canadian Food Inspection Agency has recalled Sherwood Brand’s Pirate’s Gold Milk Chocolate Coins, which were made in China, because they tested positive for melamine. The FDA maintains that the product was only distributed in Canada, but that they are still keeping an eye on the situation.

According to the Akron Beacon Journal, FDA spokeswoman Stephanie Kwisnek said the FDA has taken aggressive action since the melamine scare began in September to ensure the safety of all food, including candy, including additional inspections and testing of imports. She noted that few products containing melamine have been detected and no illnesses have been reported.

Many American candy companies have issued statements that their products are not produced in China, or do not contain any milk.

At this point, the best solution is for candy companies to continue diligent testing to make sure the products are safe. Despite such precautions, the fact that many American companies have candy imported from China is enough of a red flag to play it safe this Halloween and take candy labeled “Made in China” from their children.

Originally posted at InjuryBoard by Nick Avgerinos

Are Federal Child Labor Laws Strict Enough?

Nick Avgerinos — Fri, 19 Sep 2008 15:39:49 GMT

This week the Chicago Tribune reported on an incident in which a 17-year-old girl employed in a sandwich restaurant in Palos Heights, IL was closing up the store for the evening at 9:00pm when she was abducted at knifepoint and sexually assaulted. She was the only employee on duty, and was left to close the store alone.

Diane Bush of The Young Worker Safety & Health Network, a group of professionals who advocate safety for teens in the workplace commented, “we’re concerned about having young people work alone at any time, but in particular late at night.”

Federal law restricts teen workers under 16 from working after 7:00pm (except until 9:00pm during the summer). However, there are no such laws for minor workers who are older than 18. The National Consumer’s League, which works with parents and teens to set appropriate work parameters, suggests that minors 16 years and older so not work before 7:00am or after 10:00pm.

While such guidelines would have not helped the Palos Heights teen, they are an important starting off point to consider in making laws stricter for minor workers. Perhaps the solution is restricted evening hours as well as regulations that do not permit teen employers to work alone and unsupervised by an adult in order to ensure their safety.

Originally posted at InjuryBoard by Nick Avgerinos

Aluminum Bat Safety Still a Hot Topic in Chicago

Nick Avgerinos — Mon, 15 Sep 2008 12:36:17 GMT

This summer, as a response to the public interest in the controversy surrounding children being injured by balls hit off of metal bats, this blog explored the issue in “Do Aluminum Bats Create an Unnecessary Danger for our Children?”

It is clear that even as the summer months wane, the issue is still in the public eye. This week, Chicago’s City Council will debate a ban proposed by Alderman Robert Fioretti. The measure could ban metal bats in youth baseball leagues in the city of Chicago.

Originally posted at InjuryBoard by Nick Avgerinos

Congress Steps Up for Toy Safety

Nick Avgerinos — Tue, 02 Sep 2008 10:24:00 GMT

Congress recently announced a mandate for more stringent federal safety requirements for toys. The consumer-friendly legislation was signed by the President. These new standards include a strict “standard for lead; create a searchable database of product complaints filed with the government for consumers to access; require manufacturers to make it easier for consumers to learn about recalled products; increase fines and other penalties for safety violations; and beef up the federal Consumer Product Safety Commission and its budget.” One of the more controversial measures is the specific provision to prohibit all Phthalates, which are used in a wide range of plastics.

In a recent era of widely publicized dangers to the safety of children in toys, cribs, car seats, and other products, Illinois Congresswoman Jan Schakowsky praised this new development as “the birth of a new agency that will have much broader authority particularly to keep our children safe.” A ban such as this is a rare action by Congress, and reflects growing research showing that children are exposed to dangerous chemicals, commonly found in the packaging, surfaces, or contents of many products, by simple acts such as “chewing on a rubber duck.”

According to House Speaker Nancy Pelosi, “it should be a given that toys are not dangerous.” With this new measure, Congress is making a proactive and important effort to keep children safe from unreasonable and dangerous exposure to harmful chemicals and substances, as well as making sure products are mechanically safe.

For more information about consumer safety and children, see the Pulitzer Prize winning investigative reports that inspired Congress’ action, “Kids at Risk” by the Chicago Tribune. There are also valuable resources on Injury Board.

Originally posted at InjuryBoard by Nick Avgerinos

BPA and You: A Helpful Warning or Unsubstantiated Danger?

Nick Avgerinos — Fri, 29 Aug 2008 10:17:00 GMT

A recent hot topic among consumer safety advocates has been the use of the chemical bisphenol A (BPA) in plastic compounds that are clear, hard, and not easily breakable. BPA is used in helmets, CDs, sunglasses, and cell phones as well as in food and beverage products such as water bottles, baby bottles, can coatings, and dental sealants. See link.

Controversy has surfaced due to conflicting studies regarding whether exposure to BPA is harmful in humans, and particularly, if such minimal exposure is harmful at all. In a statement by the US Food and Drug Administration (FDA), scientists have found that the trace amounts of BPA from bottles and canned foods have not been found to cause toxic effect in animals. Furthermore, considering the low dietary exposure and the fact that BPA has not demonstrated adverse effects when consumed by animals in [higher amounts than] humans would consume, the FDA sees “no reason at this time to ban or otherwise restrict the uses now authorized…[yet will continue with] ongoing review of all available data.”

In a study by The Centers for Disease Control and Prevention (CDC), nearly 93% of people tested had measurable levels of BPA in their urine, with highest levels in children. A study by The National Toxicology Program noted low-dose BPA exposure in animals led to cancer, genital malformations, and early puberty.

The European Food Safety Administration (EFSA), which permits the banning of chemicals based upon less stringent evidence than is required in the US, has determined that there is no reason based on current conflicting evidence to ban BPA, discrediting some of the studies on mice and rats by citing that people metabolize and excrete BPA from the body more quickly than do rodents.

Whether or not scientific studies, some of which funded by plastics corporations, have pinpointed BPA’s dangers, many manufacturers have made non-BPA plastic products available in response to consumer demand, particularly those used in food containers and bottles for children. A ban of BPA has been considered in California, New York, and in least 10 other states. The proposed California ban, for example, discusses the impact on children 3 and under, and would require all products or food containers designed for such children to contain only trace amounts of BPA.

For more information, also see this Injury Board blog.

Originally posted at InjuryBoard by Nick Avgerinos

E-Learning Brings a New Twist to Safety Training Programs

Nick Avgerinos — Thu, 21 Aug 2008 10:27:00 GMT

The Occupational Safety and Health Administration (OSHA) gives guidelines and requirements necessary for training employees, and imposes them particularly on companies whose employees engage in dangerous work activities. Such programs are intended to provide important lifesaving and safety education.

These programs also place a rigorous responsibility on the employers with respect to providing their employees with this information. While the process of gathering employees and presenting them with the information had its benefits this traditional approach was time consuming, and oftentimes created scheduling conflicts and the need for weekend training sessions.

Kroeschell Inc., a leader in mechanical and electrical engineering has implemented a new “e-learning” approach to maintain and enhance safety education while solving many of the problems with traditional, “logistics-heavy, classroom-style training programs that pulled employees away from projects.” The new program is online instruction through ClickSafety. Now, employees complete safety-training programs between projects on their own time. The company claims that the training is now more sophisticated and comprehensive, with greater flexibility for both employee satisfaction, and saves money and time.

While different companies may have different needs, e-Learning may be an appropriate way to train employees about safety in the workplace. As always, if you learn more about safety, you will be safer and healthier at work and at home.

Originally posted at InjuryBoard by Nick Avgerinos

Walk Much? Chicago’s Most Dangerous Intersections for Pedestrians Revealed

Nick Avgerinos — Mon, 18 Aug 2008 10:33:00 GMT

If you live and/or work in the city, chances are you’re doing a lot of walking. And with the price of gas nowadays, you’re probably doing extra walking. If so, you can probably relate to CBS’s analogy that crossing the street in Chicago is like playing the old videogame “Frogger.” In short, walk at your own risk.

The statistics put this real danger in perspective. On average, there are approximately 1000 serious pedestrian accidents each year in Chicago, resulting in over 900 serious injuries and 71 fatalities. Almost one-third of those accidents are hit-and-runs. And while pedestrians do contribute to some of the accidents, efforts at educating the public are focused on drivers since they are the ones operating heavy machinery.

As a recent AP article noted, part of the problem is our culture of entitlement. As drivers, we tend to feel like we own the roads. And with bumper-to-bumper traffic, it always feels like it should be our turn. As a result, motorists on a mission have a ‘get out of my way’ mentality that can prove dangerous to pedestrians just trying to get to the other side.

With the heavy pedestrian presence on Chicago’s streets, the city of the big shoulders needs to make some room for walkers. That’s why the city of Chicago is working on engineering, education, and enforcement to make our streets safer for pedestrians. To demonstrate the severity of the problem, in June, an undercover officer pretended to be a pedestrian using the crosswalk. In less than two hours, police issued warnings to 101 drivers who failed to yield.

Clearly, as drivers, we need to pay more attention to those on foot. But, as pedestrians, we also need to pay better attention to the motor vehicles around us. Most recently, many have expressed concern over our preoccupation with technological devices; keeping your eyes glued to your Blackberry, reading a new email, could be deadly if you’re simultaneously trying to cross the street. The same goes for zoning out with your earbuds in, listening to your iPod.

According to the Chicago Sun-Times, there are also more mundane measures you can take to cut your risk, such as dressing such that you can be seen. Bright colors are better. Many operate under the false assumption that if you can see a car’s headlights, it can see you, too. Wrong! The Times suggests reflective colors for nighttime walking. Then again, if you stay focused on your surroundings and ignore the temptation to get lost in your gadgets, you should be fine regardless of attire. It’s all about keeping safety as your focus.

Here are the top 10 most dangerous intersections, ranked based upon total accident statistics from 2003 and 2005:

1. King Drive and 79th.....13

2. Ashland and 79th.....11

3. California and North.....10

4. Cicero and Madison.....9

5. Pulaski and Irving Park.....8

6. Kedzie and North.....8

7. Halsted and 95th.....8

8. Michigan and Monroe.....8

9. Clark and Washington.....7

10. Dearborn and Randolph.....7

Your schedule likely doesn’t allow you to avoid these intersections entirely, nor would that address the problem. CDOT is studying the most dangerous spots and brainstorming ways to improve their safety with better signs, pavement markings and signal timing. Regardless of what measures the city takes, however, there is plenty we can do, as both pedestrians and motorists, to improve the situation. So, before putting your foot on the gas or in front of the other (whichever the case may be), help keep our streets safe by looking both ways before you cross the street.

Originally posted at InjuryBoard by Nick Avgerinos

Nerves of Steel: Steelworkers Brave Steep Safety Stats

Nick Avgerinos — Fri, 15 Aug 2008 09:02:00 GMT

July was construction safety month, providing much-needed safety information for an industry with a consistently high accident rate, resulting in both injuries and deaths. But plenty of dangers lurk indoors as well; many factory workers are exposed to similar hazards each day. Case in point: the steel industry. And, although there aren’t nearly the same number of fatalities (14, compared to 1,239 in 2006), one aspect of the steel industry is certainly more alarming: a strong upward trend in fatality statistics.

In the first half of 2008 alone, there have been 15 fatalities. The accidents related to these fatalities vary in nature, ranging from falls to explosions. What’s striking is the number. In 2005, there were “only” 8 fatalities. That means that if the fatality rate continues at the same rate this year, resulting in a full-year total of 30, there is an over 300% increase in fatality rate in only 3 years. That’s a big enough jump to get anyone’s attention.

Now for the really scary part; there’s no discernable trend to justify this rise. The only clue is that, while employment in the steel industry has hovered around 100,000, it seems that overtime has increased approximately 20% this year. More time on the job obviously increases one’s risk of injury. But a 20% increase in time on the job hardly justifies an expected 300% increase in the fatality rate.

So, the mystery continues. As John Surma, CEO of U.S. Steel explained, “There was no pattern of age or experience, poor health or drug use or exposure to a common unsafe condition that figured in the fatalities.” He went on to say that “the only thing that was true in every case was that something went horribly wrong.”

And while some are blaming the increase in accidents on the consolidation of companies (and safety measures consequently falling through the cracks), industry insiders say it just isn’t so. In fact, as the Wall Street Journal reported, the steel industry has actually increased safety measures in recent years, including better protective clothing to protect workers from furnaces and improved harnesses for crane operators.

Hopefully, time and increased scrutiny will help to highlight how safety can be improved in the industry. The Steel Manufacturers Association is currently working on a fatality prevention plan, targeting five areas that have proven most hazardous. In the meantime, it’s important for companies to emphasize existing safety measures and for employees to follow them. It’s also important to stay informed; the United Steelworkers of America maintains a Safety Alerts section on its website, designed to identify hazards and strive for solutions. Remember that steel industry safety is one area that’s definitely not malleable.

Originally posted at InjuryBoard by Nick Avgerinos