Chicago-Land Personal Injury Lawyer - Personal Injuries

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

Beating the Heat for Outdoor Laborers

Nick Avgerinos — Wed, 06 Aug 2008 10:15:00 GMT

The summer months require no stretch of the imagination to reach the conclusion that heat can be a danger to workers. While day care centers bring kids inside, athletes cut down on outdoor practice, and restaurants can close their patio seating, some laborers do not have such an option.

On June 23, laborers in California filed suit against their employers who did not comply with state regulations to protect workers from heat stress. The employees allege that they were not provided with enough cool water or shade, were discouraged from taking breaks, were terminated when they complained of poor conditions, and were not given adequate training to recognize heat stress symptoms.

Other workers interviewed in California, which has gained media attention through recent heat spells, describe a pay scale in which the farm workers were compensated on a piece-rate basis, which encourages them to work harder, faster, and not to take necessary breaks to prevent heat stress or stroke.

While not in a desert climate, summer conditions in the Midwest can also be dangerous to workers.

Workers should be educated as to the signs of heat exhaustion (such as clammy and moist skin, extreme weakness or fatigue, giddiness, nausea, headache, fainting) and heat stroke (such as red, hot, dry skin, rapid, strong pulse, throbbing headache, dizziness, nausea, confusion, or unconsciousness), in order to get help and recognize the symptoms in others.

Workers can prevent heat illness by taking measures such as drinking enough water, working at a slower pace, avoiding sunlight, taking breaks, wearing cool clothing to cover the skin, including hats, avoiding work during the hours in which the sun’s intensity is at its peak, and by avoiding hot foods, heavy meals, caffeine, and alcohol. Some employers have gone high-tech and outfitted employers with personal heat stress monitors, which can detect heat illness for individuals.

Furthermore, higher temperature conditions have been proven to be ripe for a higher rate of workplace accidents. These accidents can occur because people may have lower mental awareness and physical performance in the heat. Increased body temperature and physical discomfort also can cause irritability, anger, and other emotional states which might make workers more careless or distracted.

Many simple measures can and should be taken in order to save money for employers, and most importantly, the lives of their employees. Employers have the responsibility to ensure the safety of their workers, and should take special care in the summer months.

For more information, see these valuable resources: http://www.osha.gov/; http://www.baesg.org/heatlist.htm; http://www.pp.okstate.edu/ehs/links/heat.htm

Originally posted at InjuryBoard by Nick Avgerinos

Finding the Last Straw: Workers’ Comp Cumulative Injuries and Causation

Nick Avgerinos — Mon, 04 Aug 2008 10:13:00 GMT

Finding the Last Straw: Workers’ Comp Cumulative Injuries and Causation

When you’re seriously injured, you know it. Most of the workplace injuries you hear about in the news are pretty clear-cut: machinery malfunctioned, someone slipped, a tool was dropped, etc. But what about the more silent slips? I’m talking about the majority of workers’ compensation claims: cumulative injuries. According to the Bureau of Labor Statistics, the incidence of cumulative trauma disorders rose almost 1000% between 1982 and 1991. And it keeps rising. So, why don’t we hear about it? It’s not an interesting story.

You’ve been working hard for many years, you’re accustomed to your job, and you perform it well. Then, one day, something’s different. Sometimes you can’t quite place the problem. You just know that you can’t do the same things that you used to be able to do. And you want to shrug it off…but you shouldn’t. And most often, you can’t. Other times, you wake up with centralized, excruciating pain. But, still, you haven’t done anything different. And often you’re initially confused about the origin of the pain.

Workers’ compensation claims are complicated, mostly because it’s not easy to trace causation. Many employees who suffer on-the-job injuries are involved in occupations that tend to tax their bodies regularly: factory and construction workers. Often, these workers are also fiercely loyal and extremely dependable, staying at their jobs for many years. The combination of arduous labor and the passage of time wear down the body and slowly bring about many debilitating injuries.

So, what’s the difference between these types of injuries and your standard work accident that results from a specific trauma to the body? Causation is much more difficult to prove. There’s not a cut-and-dry explanation of ‘A’ happened and, thus, ‘B’ is the result. Rather, each day of work has slowly contributed to the degeneration or breakdown of the worker’s body. There’s not one thing that went wrong, but many years of bodily abuse. It’s always worthwhile to piece together the causal chain that explains your injury. With mounting medical bills, it seems unfair that you have the added fiscal strain of dealing with discomfort.

All you want to do is get back to your normal routine. And you should be able to do just that…you just have to fight for your right to do so. Before it gets to that point, though, there are steps that can decrease the likelihood of allowing cumulative injuries to form; namely, safety precautions. Recently, fellow IB attorneys Steve Lombardi and Brooks Schuelke have discussed steps that construction workers can take to protect themselves. It’s important that factory workers, auto mechanics and others who perform physically demanding work do the same, insisting on proper safety training from their employers. Here are some warning signs that there might be an impending problem:

Numbness (oftentimes at night)
Decreased Joint Motion
Swelling
Burning
Pain
Aching
Redness
Weakness
Tingling
Clumsiness
Cracking or popping of joints

The above symptoms may involve the back, shoulders, elbows, wrists, or fingers. If symptoms last for at least one week, or if they occur on many occasions, you should consult a doctor. Prevention is preferable to treatment, so be aware of your body and keep any eye out for any discomfort. Cumulative trauma is a serious problem in today’s workplace, and the less you allow the injury to accumulate, the more of a chance you will have to successfully deal with the problem.

Originally posted at InjuryBoard by Nick Avgerinos

Mind the Gap: Bridge Safety Still Falling Short

Nick Avgerinos — Mon, 04 Aug 2008 10:05:00 GMT

“The sky is falling! The sky is falling!” With all the hidden traps that technology sets, it’s easy to worry that the world will soon be crumbling all around us. And, as we have seen with numerous examples—perhaps most notably, global warming—our aging earth and our aging country require that we make some major changes to keep them habitable. It’s unfortunate that it often takes drastic events like 9/11 and Hurricane Katrina to really call our attention to such problems. What’s even more unfortunate, however, is when we fail to respond.

That appears to be the case regarding the Minneapolis bridge collapse that happened a year ago. The country’s citizens were stunned by the site of the crumpled bridge, worried about our fellow commuters, and frustrated, wondering, “How could this happen?” And then, naturally, “Could that happen here?”

The answer is yes. Bridges, like most things, are only built to last so long. And it seems we’ve reached the breaking point; it’s time to give them a facelift. The problem is that so many of them need that facelift simultaneously. In 2006, the Federal Highway Administration reported that 1 in 4 of the nation’s bridges were at risk. As calculated by the American Society for Civil Engineers, it would cost nearly $10 billion every year for the next two decades to fix them.

According to a new study, conducted for the Reason Foundation, Illinois ranks 10^th best in the nation in its upkeep of bridges. While that may sound promising, it merely serves to point out the sad state of transportation affairs; more than 4,300 of the approximately 26,000 bridges in the state are considered structurally deficient or functionally obsolete.

There doesn’t seem to be an easy solution, either. High gas prices have sparked more car pooling and fewer road trips; that’s good news for the environment, but bad news for the Highway Trust Fund, which relies on gas tax money. That Fund, which had an $8 billion dollar balance at the beginning of the current fiscal year, expects to have a $3.1 billion deficit in the next fiscal year.

Minnesota has been taking extra measures to ensure bridge safety since last year’s disaster, but it, too, lacks the funds for the complete overhaul needed. Mercedes Gordon, a survivor of that collapse wonders why sales taxes were used to subsidize a new baseball stadium, but funds cannot be found to repair bridges. She questioned: “What’s more important: baseball or safe traveling? Should we all be afraid every time we cross a bridge now?”

And while I’m reluctant to pose the former question in a city where the crosstown rivalry leads many to treat baseball like a religion, I think the latter question is important; we probably should be nervous about the situation. Maybe this latest study will emphasize the salience of the problem, inspiring legislators to find solutions, rather than dismiss concerns as a Chicken Little-type rant.

Originally posted at InjuryBoard by Nick Avgerinos

Small Town Savings: The Switch from Gas Guzzlers to Golf Carts

Nick Avgerinos — Wed, 30 Jul 2008 11:36:00 GMT

Gas prices keep climbing, and salaries are failing to follow suit. As a result, Americans everywhere are searching for ways to save. The newest idea in Illinois: golf carts. No, people aren’t hitting the links in an effort to distract themselves from their pain at the pump (well, maybe they are); people are trading in their cars and trucks for golf carts. This is a particularly plausible option for the elderly, many of whom only travel close to home. Others, who can afford the additional upfront expense, have added a golf cart to their fleet of traditional cars in an effort to curb consumption for local travel.

Let me back up for a moment; in both Illinois and Indiana, it is illegal to drive golf carts on a state road. Thanks to legislation passed just 10 years ago, though, Illinois towns are free to open their roads to golf carts. And with the gas crunch upon us, a trickle of small towns are responding with the appropriate legislation. Clearly, it’s not a bandwagon that the city of Chicago can jump on (we have enough worries about our bike riders), but it may be an amenable option for our downstate neighbors.

According to the recent Chicago Tribune article, three towns in Iroquois County have already passed ordinances allowing golf carts onto their streets, and two more towns south of Kankakee are poised to do the same. The gas saving benefit is so great—according to the Wheeling village manager, “the gas mileage on those [golf carts] makes the [Mini Cooper] look like a Hummer”—northern suburbs are also contemplating the switch.

The downside: safety. Densely populated places would obviously have a harder time with the switch. The existing ordinances promote safety by requiring that carts are outfitted with headlights, brake lights, turn signals, and a reflective sign. The ordinances further regulate that the carts do not drive down streets with speed limits higher than 35 m.p.h. Still, safety is a concern.

Like other creative commuting options, golf carts are simply not as safe as the other four-wheelers on the road. We have to keep in mind that they’ll be sharing the streets with traditional (much larger) vehicles. As fellow IB attorney Drew Dixon pointed out, golf cart related injuries are soaring. A study by the Center for Injury Research and Policy at Nationwide Children's Hospital found that annual injury rates for golf carts increased 130% between 1990 and 2006. And 15% of those injuries occurred on the street; with more golf carts on the road, that number will likely continue to climb.

So what can you do to both save and be safe? Here are some helpful tips to stay safe while cruising in your golf cart:

Limit cart use to authorized employees who have a valid driver's license.
Never operate a cart under the influence of drugs or alcohol.
Limit capacity of golf cart to specified design and restrictions (i.e., two passenger, four passenger, etc).
Operate cart from driver side only.
Keep hands and feet within cart at all times.
Remain seated at all times when driving the cart - and make sure passengers stay seated at all times.
Lock brake before exiting cart.
Ensure that cart is at a complete stop before getting in and out.
Operate carts in designated areas only.
Drive over steep or uneven terrain with caution.
Approach steep or uneven terrain vertically to avoid tipping over and sliding of cart.
Avoid driving over wet or muddy surfaces.
Slow down when approaching corners or speed bumps and on public roads.
Slow down when driving on hills.
Always turn to see behind cart while reversing and never try to go in reverse downhill.
Drive defensively! Always be aware of your surroundings and keep your eyes on the path ahead of you.

Stay tuned to see just how common golf carts become in Illinois. Most likely, many municipalities will carefully consider the way the already-effective ordinances affect their respective towns and then decide whether to follow suit. Then again, if gas prices continue to rise, residents may press for faster adoption of such ordinances. Just remember that while golf cart drivers may not be yelling “fore” to alert you of their danger, please slow down for their safety and yours.

Originally posted at InjuryBoard by Nick Avgerinos

Caution on the Course: Golf Safety Under Par

Nick Avgerinos — Fri, 25 Jul 2008 10:34:00 GMT

We’re well into summer, and that means we’re accustomed to its rituals of relaxation: backyard barbeques, poolside lounging, and—for many—the game of golf. Whether you’re the next Tiger Woods or don’t know the difference between your woods and your irons, you should keep in mind that playing a round isn’t without its risks.

When you think about sports injuries, it’s likely that something like football or basketball comes to mind. And when you think about spectator safety concerns, my guess is you’re thinking about hockey or maybe baseball. We often underestimate the danger of the golf ball gone astray.

Sure, we’d all like to believe that our drives go straight down the middle, but the reality is that everyone shanks it now and then. And while the chorus of “FORE!” around the course might assure you that you’re not alone in your errors, it doesn’t ensure your safety. I’m not necessarily advocating the advent of the golf helmet, but I am suggesting that you be aware of your surroundings next time you play a round. Because it’s all fun and games until someone gets hurt. Then it’s a lawsuit.

And while you should fare pretty well if you’re the golfer who made the gaffe, thanks to the assumption of risk doctrine, you’ll probably get the short end of the stick if you’re the one who takes a shot to the head. It makes sense that you can’t really be held liable for hitting a bad shot. If that were the case, there would be a lot fewer golfers out there! But someone may be liable for that golf ball gone awry: the course.

Some injured golfers (and spectators) have had recent legal successes suing the golf course for design defect. In other words, the course may be held liable for your injury if a court thinks that the injury was made likely by the layout of the various greens and fairways. The distance between tees is particularly important. Another primary concern is the proximity of the course to the driving range. As with most cases, lawsuits involving golf courses are highly fact intensive, so there’s no general rule.

The main thing you can do to protect yourself on the course is to own up to your own bad shots by yelling, “FORE!” and to heed the same warning by others, not by craning your neck to see who shanked their shot, but by turning away and ducking. Remember that both you and any ride-along companions are usually assuming the risk of those errant shots by taking part in the golf game. And without taking the proper safety precautions, your golf game will always be under par.

Originally posted at InjuryBoard by Nick Avgerinos

Unlucky Break: Construction Workers Injured in Casino Ramp Collapse

Nick Avgerinos — Wed, 23 Jul 2008 12:07:20 GMT

We all roll the dice when we step outside each day; safety hazards are everywhere. But some of us have better odds than others; it largely depends on the type of work that we perform. As fellow IB attorney Steve Lombardi and his colleagues have been explaining for the last month or so, construction workers are incredibly susceptible to injury. Luckily, there are many precautions that workers can take to increase their chances of staying safe. Because you just don’t know what might happen.

Take the construction workers hired to work on the renovation project at a Hammond casino, for example. The casino replaced its old riverboat with a new model, more than three times its size. As the Chicago Tribune reported, just as the $500 million riverboat was 8 feet from its final mooring place, workers on a barge under one of the boat’s boarding ramps felt a “sudden, unexpected kick.”

Attentive to their surroundings, the workers exercised quick judgment and plunged from their small barge to the waters of Lake Michigan. Seconds after their quick escape, the ramp above them came crashing down into the lake, just missing the fleeing workers. Seeing the danger unfold, several other tradesmen heroically jumped into Lake Michigan to rescue their coworkers. The employees were lucky, after all; most only suffered scrapes and bruises, with only one worker injured severely enough to be taken to a local hospital. They were simply working at the wrong time, but they managed to make their own luck by following safety precautions. Officials credited their safety to life jackets and quick action.

Agents from both the U.S. Coast Guard and OSHA were on the scene investigating the cause of the ramp’s collapse. Clearly, risk cannot be avoided entirely; these construction workers were dealt a bad hand. But this vignette does a good job of illustrating how we can take an otherwise dangerous situation and impose certain safety precautions. Not only were the workers provided with life jackets, but they also implemented their own good common sense and acted appropriately by jumping into the water when they sensed danger. This combination of employer-imposed safety equipment and employee-imposed sound judgment is an example of workplace safety at its best. Let’s hope it inspires all of us, employers and employees alike, to increase our odds of staying safe.

Originally posted at InjuryBoard by Nick Avgerinos

Do Professional Athletes Have the Right to Workers’ Compensation?

Nick Avgerinos — Tue, 22 Jul 2008 10:47:00 GMT

While most of us can only dream of earning a living playing our favorite sport for a nation of fans and viewers for millions of dollars a year, we can certainly take an interest in the field of workers’ compensation to understand the rights afforded by law in case of an injury. These athletes are at a great risk for a work-related injury. Furthermore, while many high-profile athletes are making millions of dollars, most professional athletes are not in this upper echelon of the pay scale. You may be curious to learn what the law is regarding compensation in case of injury for these athletes.

Typically, a person whose injury arises out of and in the course of their employment will be entitled to compensation in Illinois for medical care, up to two-thirds of their salary for the time when they are unable to work, and/or a certain award for permanent disability based on impaired earning potential for the rest of their working years. However, the situation for professional athletes becomes murky with complicated contracts, signing bonuses, huge salaries, and the uncertainty of future earning potential as a player’s skill may improve or decline. To deal with these complications, states have adopted different approaches.

Florida specifically excludes professional athletes from the state’s workers’ compensation program. Similarly, in Maryland , in a 1983 case involving of an NFL player, the court held that the injury sustained would not be considered an accidental injury within the meaning of the Maryland workers’ compensation laws.

In Texas , the Texas Labor Code specifically provides workers’ compensation benefits to those for whom adequate compensation is not included under contract or collective bargaining agreement. That is, if a player’s contract has provisions to compensate and rehabilitate an injured athlete, workers’ compensation is not available. As first established in January of 2008, Texas courts upheld a jury finding that in the case of injured Dallas Cowboys lineman, Chad Hennings , workers’ compensation was a better deal because of its longer duration. Therefore, the court decided workers’ compensation benefits were available for Hennings.

In 1999, a minor league baseball player in California was deemed to be eligible for workers’ compensation after his injury. In 2005, North Carolina upheld workers’ compensation rights to NFL players. Here in Illinois , a professional athlete is entitled to workers’ compensation with a cap on how much he can collect. In 1995, the Illinois court held that a professional football player is a skilled worker. An injury that ends his career prematurely could entitle him to weekly compensation benefits for life, despite the fact that professional football players typically have very short careers.

An injured professional athlete’s right to compensation can be overlooked because it may be considered “part of the game” or it may be considered unnecessary because of high salaries. However, many professional athletes are unskilled in other areas, and therefore may not be able to find alternate gainful employment. Workers’ compensation for athletes protects against some costly litigation such as suits against team doctors, promoters, or sports venues. While professional athletes suffer the agony of defeat at the time they are injured, many states have enabled them to experience the thrill of victory in the area of workers’ compensation.

To learn more about Sports & Torts, also see a recent article .

Originally posted at InjuryBoard by Nick Avgerinos