Chicago-Land Personal Injury Lawyer - Workplace Injuries

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

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

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

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

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

IRS Ups the Ante on Mileage Rates: What’s the Deal for your Workers’ Compensation Case?

Nick Avgerinos — Thu, 17 Jul 2008 15:37:00 GMT

The IRS wants to give you money; even they recognize that the current gas crunch is seriously pilfering of your paycheck. And I’m not even talking about stimulus checks. The IRS announced an increase in optional standard mileage rate for the final six months of 2008. This amounts to 58.5 cents per mile for all business miles driven between July 1, 2008 and December 31, 2008 . That’s an increase of 8 cents from the rate for the first six months of 2008. And while 8 cents may not seem like a whole lot now that we’re routinely paying over $4 for gas, it really does add up.

Like it or not, most of us need to fill up at the pump in order to get to work every day, whether it be to drive to the train station or all the way to work. Day after day, tank after tank, our fuel tabs keep on growing. So, what happens when you’re injured on the job and then you have even more places to drive: the hospital, your doctor’s visits, doctor’s visits scheduled by your employer, extra testing, etc.? The list goes on and on and several tanks of gas later, you’re left wondering why you’ve got to pay at the pump when you’re already in enough pain.

Well, depending on where you live and the particulars of your case, it may be worth your while to investigate mileage reimbursement. As my colleague, Mike Rom , recently noted, the answer to whether your employer will cover travel costs is typically ‘it depends.’ While Illinois employers are required to defray costs for doctor’s visits made at their request, it is questionable whether you’ll be reimbursed for your other travel-related medical expenses.

In other words, in Illinois , you should be prepared to shoulder most of the cost of being carted back-and-forth for medical treatment. It’s unfortunate, but it’s the truth. That said, if you suffer a work-related injury, or have a workers' compensation claim, it would behoove you to speak with an attorney to make sure that you’re receiving the fair compensation that you deserve. A number of factors need to be weighed to make sure that you’re getting your rightful reimbursement.

In Iowa , on the other hand, reimbursement of medical-related travel expenses it pretty uniformly mandated. You’re injured, you require treatment, and you need a way to get there. So, your employer provides medical care and absorbs the cost of your travel for treatment. It makes good sense. And, as of July 1, 2008 , the Iowa Workers’ Compensation has adjusted the mileage reimbursement rate to match the IRS increase: 58.5 cents per mile.

So, as the numbers outside your local gas station keep rolling upward , you can find some solace in the fact that the IRS is taking note and trying to keep your hard-earned dollars in your pocket. When you’re struggling to recover from an injury at work, pain at the pump is one way you shouldn’t have to suffer.

Originally posted at InjuryBoard by Nick Avgerinos

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

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