Chicago-Land Personal Injury Lawyer - Personal Injury

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

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

Road Less Traveled: Self-imposed Safety Standards for Off-roading

Nick Avgerinos — Thu, 14 Aug 2008 11:09:00 GMT

With skyrocketing gas prices and crowded mass transit options, many of us are left wondering why we’re still stuck in a bumper-to-bumper commute. And while most of us resist being ‘that guy’--you know, the one who goes flying up the shoulder while you’re waiting (im)patiently in your lane--we still wish there was a better way to get from Point A to Point B.

What if you weren’t constrained by the lines of road? For many Americans, that’s no longer a dream but a reality. No, we haven’t invented the hover car...yet. Instead, I’m talking about the increasingly popular hobby of off-roading. I know people involved in the “sport” and it sounds like a lot of fun. But it can also be a very risky activity. As fellow IB attorney Chuck Boyk recently wrote, off-roading can give rise to serious personal injury claims. He specifically discussed the danger that ATVs pose, both in design and negligent operation. With increased use, accidents are also on the rise. According to the Consumer Product Safety Commission, ATV accidents resulting in death rose from 29 in 1982 to 470 in 2004.

But it’s not just ATVs riding in the field and on the dunes; many other vehicles, notably Jeeps, are often favored. Those of you living in and around Chicago might be asking, “Where exactly is this going on?” The answer: all around you. Not in the city, of course, but definitely in the sprawling countryside that makes up much of Illinois and most of neighboring Iowa, Indiana, Wisconsin, and Michigan. In fact, the sand dunes around Michigan are one of the favorite hotspots for riders.

And for those of you who think it’s just a few kids out joyriding, check out the many off-roading societies in and around Illinois. Some of these sites are just for exchanging information or planning trips, but others provide useful safety information. Some clubs, like Iron Horse, 4X4s, Inc. even developed a Safety Committee that performs safety checks on member vehicles at each club run or event. Its website also provides information to conduct your own safety check: a road travel checklist.

To further ensure safety measures are followed, the Two Rivers Jeep Club in Pittsfield, Illinios implemented the United Four Wheel Drive Association's Awareness Course as a required course for all board members and trail guides and helpers. The Northern Illinois Jeep Alliance also provides helpful information, including tips for staying safe once you’re on the trail:

· Know the limits of your vehicle.

· Tie your gear down. In the event of a roll-over your gear could become deadly missiles.

· Air down your tires. Airing down your tires makes for a softer ride and gives your vehicle more traction. You might start out at 15 psi, in deep sand I'll go as low as 8 psi. Whatever tire pressure you are running at, remember to check your tire pressure from time to time. As your tire gets warmer the air pressure in your tire will increase. While you are airing down, this is a good time to do a final inspection of your vehicle.

· Another trick to help out the suspension on your vehicle, is to disconnect your sway bar. This allows for better wheel travel.

· Now that you have everything tied down, your vehicle is ready to go, it's time for you and your passengers to climb aboard and strap in. Use your seat belts. Remember your roll bar or cage will not protect you if you are not in the vehicle.

No matter what vehicle you use or what route you follow, educate yourself before hitting the trails. Off-roading may allow you to roll pass traffic jams, but it doesn’t sidestep safety hazards.

Originally posted at InjuryBoard by Nick Avgerinos

Fighting Obesity for a Healthier and Safer Work Environment

Nick Avgerinos — Mon, 11 Aug 2008 11:31:00 GMT

Nearly two-thirds of Americans are obese or overweight, and while it is commonly understood how this unhealthy epidemic is dangerous for our nation’s health, there are lesser-known consequences that affect safety in the workplace.

A study in 2007 reported in the American Journal of Epidemiology has shown that more overweight and obese people are involved in workplace injuries than others. Of the 7,690 workers in the study by researchers at the Johns Hopkins Bloomberg School of Public Health’s Center for Injury Research and Policy, 29% were injured on the job between January 2, 2002 and December 31, 2004; approximately 85% of whom were classified as overweight or obese.

With the apparent dangers created by workplace obesity, many employers are looking to creative incentives to help workers become healthier. Not only is this helpful in preventing work place injuries, but can also be cost-effective and greatly reduce the cost of health care.

Last month, Community Mercy Health Partners announced plans to use a $25k grant to support a workplace wellness program at Benjamin Steel in Springfield, Ohio. The program will have employees compete in a challenge to achieve the greatest reduction in body fat percentage in a competition that conjures images of the reality television program, The Biggest Loser.

For companies that would like a subtler, yet equally creative approach, there is a new product called the “Walkstation,” that has recently hit the market. The “Walkstation” is a combination office desk and treadmill, which allows people to work on their computers while walking on a treadmill at a very slow speed. While only time will tell if the “Walkstation” will be a feasible, cost-effective, or popular technology, the premise of allowing someone to burn a few extra calories instead of sitting at a desk all day is on the right track.

Originally posted at InjuryBoard by Nick Avgerinos

Bad Medicine: Illinois Insurer Refuses to Pay for ‘Never Events’

Nick Avgerinos — Thu, 07 Aug 2008 14:52:17 GMT

What’s a ‘never event’? That was my first question, too, when I heard about this new development. ‘Never event’ is the term used to describe medical errors that should never happen. Despite the name, however, ‘never events’ sometimes happen. Examples: a sponge left in your chest after surgery, or an amputation of the wrong limb. Obviously, these are not your typical medical mistake, and the exception rather than the rule, but the notion is troubling nevertheless.

We have no clear way of tracking ‘never events’ presently, but with legislation passed in 2005, Illinois is set to begin collecting such data by the middle of next year. But, to put the problem in perspective, a 2003 study in the New England Journal of Medicine found that foreign objects are left behind in 1 out of every 1,000-5,000 abdominal surgeries. That translates to approximately $50,000 per corrective surgery, usually paid for by insurers.

We’re used to the phrase “The customer is always right,” and we expect to be treated that way; if we receive the wrong meal, our server will bring the right one; if we purchase a lemon on the lot, the dealer will replace it; if we were overbooked on the flight, we should get vouchers for the future. There’s a certain give-and-take in our society, and an understanding that we should get our money’s worth.

But not when it comes to healthcare. Most often, you go to the doctor’s office and fork over your co-pay, not bothering to question whether your money was worth it if you don’t come away with any type of diagnosis. Similarly, your hospital sends its bills to your insurance carrier, regardless of the outcome of your surgery…until now. Now, Illinois patients are getting a voice…surprisingly, from their insurance company.

As reported by the Chicago Tribune, Blue Cross and Blue Shield of Illinois has come forward, saying that if a hospital commits a serious error, it will no longer pay the claim. The new payment plan is expected to be in place by the end of the year. And while this might seem like a way to cut costs for the insurance company (and let’s face it, that’s probably part of it), it’s a measure aimed to provide an incentive for quality healthcare. And considering that Illinois Blue Cross shelled out less than a million dollars for ‘never events’ in 2007; that chunk of change just might be enough to inspire change in Illinois hospitals.

We can’t be blind to potential problems, though. For instance, we’re relying largely on the hospitals to report the very errors that will result in non-payment; talk about a conflict of interest. In Minnesota, where hospitals are required to report ‘never events,’ 125 ‘never events’ occurred last year. We have been witnessing respect for the “I’m sorry” movement, so let’s hope that this new change doesn’t signal a decline in openness about hospital errors. We all make mistakes; this change in insurance policy is just forcing hospitals to take ownership of theirs.

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