COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Posted in Worker Compensation

Amazon warehouse workers know as well as anyone that, when an employer expects workloads and deadlines to be met by too few workers, the employer creates an environment with a clear potential for injury. If you’ve been one of those warehouse workers and you’ve suffered an injury on the job, you should waste no time in reaching out to an experienced Chicago workers’ compensation lawyer to see what benefits may be available to you.

On April 7, 2021, a group of Amazon workers at one of the mega-corporation’s Chicago-area distribution centers staged a walkout to protest working conditions at the facility. According to the workers, the employer has failed to fully staff the center, which has led to more worker injuries.

A report by the Chicago Sun-Times indicated that the walkout included dozens of Amazon warehouse workers employed at the company’s facility in the Gage Park neighborhood. Also joining the demonstration was Chicago Alderman Byron Sigcho-Lopez, WTTW reported.

Continue reading

Here in Chicago and throughout Illinois, construction workers are faced with a variety of health and safety risks. Some are inevitable parts of the job. Others, though, occur because someone was negligent and that negligence led to a worker getting hurt. When that happens to you and those who caused your harm were someone other than your employer, you may be able to bring a lawsuit and recover substantial compensation in court. To find out more about the legal options you have, take prompt action by reaching out to a knowledgeable Chicago workplace accident attorney.

R.G. was one of those workers where negligence allegedly caused his construction injury. He was working at a construction site in Chicago relocating sprinkler heads and was entering a freight elevator to retrieve some equipment when another worker mistakenly closed the elevator door too soon.

The door struck R.G. in the head. The impact was so substantial that it knocked R.G.’s hardhat off his head and broke the suspension band inside his hardhat (which inflicted a scar on the man’s forehead.) That day was the last day that R.G. worked, and he was, at the time of his deposition, awaiting neck surgery.

Continue reading

A change in the federal regulations could have a massive impact on the people who drive for Uber or Lyft, including the thousands of Uber and Lyft drivers in Illinois. The removal of a rule released under the Trump Administration means that it will now be harder for companies like Uber and Lyft to classify their drivers as independent contractors (as opposed to employees,) which means it will be relatively easier for those drivers to obtain benefits like workers’ compensation. If you were hurt while driving for Uber or Lyft, be sure to act without delay in contacting a knowledgeable Chicago workers’ compensation lawyer.

Back in early January, the U.S. Department of Labor released a new rule that clarified who did – and did not – qualify as employees as opposed to independent contractors under the federal Fair Labor Standards Act (FLSA). Under the standard created by that rule, it was relatively easier for employers to classify workers as independent contractors and not run afoul of the law and federal regulators.

Under the Biden Administration, that rule is no more. In withdrawing the rule effective May 6, the current Labor Department said that the previous rule did not properly reflect the text of the FLSA and relevant judicial rulings.

Continue reading

Flight attendants encounter a wide spectrum of passengers on the job. Regrettably, those sometimes include troubled people, including people with substance issues and those with mental health issues. Either of these groups can be particularly prone to violent outbursts during a flight, especially longer-haul flights. If you’re a flight attendant who’s been hurt by an out-of-control passenger, then you may be entitled to take certain legal actions and recover compensation, so you should make sure you don’t delay in contacting a knowledgeable Chicago injury attorney to discuss your situation.

Recently, multiple news sources covered the story of a Newark-to-Miami United Airlines flight that diverted to Charleston, South Carolina due to a passenger’s violent outburst. The passenger allegedly became agitated and then attacked, biting one man’s ear, striking another in the nose (and possibly breaking it), and hitting a third person in the temple, according to USA Today.

Many flight attendants, including O’Hare-based United and American Airlines crews and Midway-based Southwest crews, likely read this story with a grim sense of familiarity, having their own “horror” stories of violent passengers. Injuries inflicted by violent passengers stand as the dark flip side to the glamorous life that many people often associate with being a flight attendant.

Continue reading

Amazon is in the news again and it isn’t good news for some of the company’s warehouse workers in the Chicago area, according to groups that advocate on behalf of those workers. Recent reports say that many workers are being presented with a dismal choice: lose their jobs in the middle of this pandemic-fueled recession or else agree to work 10½-hour-long graveyard “megacycle” shifts at a new warehouse. This comes even as past research has shown that longer shifts often can lead to greater health and safety problems for workers. If you’ve been hurt at your warehouse job in or around Chicago, whether or not you were working exceptionally long shifts, you should take the time to contact a knowledgeable Illinois workplace injury attorney to get the legal advice you need.

According to a report from Motherboard, the aforementioned offer came on January 25 to the workers at Amazon’s McKinley Park warehouse known as DCH1. According to the reports, Amazon informed the workers that the company was closing down DCH1, which meant that those workers had two options: accept work at a new Chicago-area warehouse or else be terminated. The catch was, however, that the positions at the new warehouse involved megacycle work, which meant working four days per week, from 1:20 am to 11:50 am.

The situation facing DCH1 warehouse workers isn’t unique. According to the Motherboard report, Amazon “has been quietly transitioning warehouse workers at delivery stations nationwide to the ‘megacycle’ shift in recent months.”

Continue reading

In early 2021, United Continental Holdings (commonly known as UAL) began offering its flight attendants a Voluntary Separation Leave package with additional benefits to encourage voluntary separation from the company. As a term of the separation agreement, the flight attendant must waive his or her right to pursue legal claims and release United from liability related to his or her employment with and/or separation from United. Flight attendants are understandably concerned that this may affect their right to file a workers’ compensation claim and collect benefits for work related injuries.

This agreement does carve out some exceptions, including the right of the flight attendant to claim workers’ compensation benefits. This means that accepting the VSL does not forfeit your right in a workers’ compensation claim! Remember that you have three years from the date of the accident or two years from the last payment of compensation to file any Illinois workers’ compensation claim. You may file the workers’ compensation claim even after accepting the VSL.

However, flight attendants considering accepting this agreement should note that by signing the VLS agreement, the flight attendant is certifying that he or she had “no unreported on-the-job injuries”. By signing this agreement, the flight attendant who suffered unreported injuries or Occupational disease exposures in the past may jeopardize his or her right to obtain workers’ compensation benefits in the future. Accordingly, if a flight attendant has an unfiled workers’ compensation claim, it will typically be in his or her best interest to report the injury and file the claim with the Illinois Workers’ Compensation Commission (not just Sedgwick) prior to signing the VSL agreement to protect his or her right to workers’ compensation benefits. However, every case is different and this blog is not intended to provide legal advice, simply guidance and things to consider.

Recently, more and more reports have been published pointing out the high risk of injury that the men and women who deliver Amazon packages face. Now, the Denver Post has shined a light on yet another wrinkle in this story: the particularly high risk of harm faced by new Amazon delivery drivers, including from slip-and-fall injuries, dog-bite injuries and muscle strain injuries. If you are (or were) an Amazon delivery driver and got hurt on (or as a result of) the job, you should waste no time in contacting an experienced Chicago injury attorney about your legal options.

New employees in any field tend to be the most likely to suffer on-the-job injuries. One workers’ compensation insurer reported to the Post that, generally, 41% of the claims it receives involve a worker in his/her first year at that job. For delivery drivers generally, that number is higher, at 58%. For the contractors who deliver Amazon packages, that number was much, much higher… standing at 93%!

Those workers’ compensation claims reflected that Amazon package deliverers were most likely to injure their ankles, followed by knees, lower backs, heads and then feet, according to the Post.

Normally, if you are hurt on the job in Illinois, you are limited to receiving only workers’ compensation benefits. If, however, your employer didn’t have valid workers’ compensation insurance at the time of your injury, then the range of outcomes is very different. In that circumstance, your employer isn’t shielded by the protections of the Workers’ Compensation Act, which means that you are no longer prohibited from suing your employer in civil court and getting a damages award in the full amount of the harm you suffered. This may help because a civil court damages award could be massively bigger than the award of workers’ comp benefits you otherwise would have received. To do that requires clearing many legal procedural hurdles that are often technically intricate and complicated, so it pays to have a knowledgeable Chicago workers’ compensation attorney on your side.

As an example, there’s the appellate court judgement regarding the case of J.G., a worker for a food manufacturer in the Chicago area. When he was hurt at work in early 2018, J.G. hired legal counsel to handle his workers’ compensation case. His attorney began investigating the case and discovered that J.G.’s employer did not have workers’ compensation insurance at the time of J.G.’s accident.

To be able to bypass the workers’ comp process and instead take your employer to civil court based on your employer’s lack of valid insurance coverage, you have to jump through several hoops in terms of proof.

Continue reading

The recent nationwide surge in COVID-19 (Coronavirus) is a disturbing reminder that our nation’s public health crisis is far from over.  Despite a push to re-open, many states are now reversing course and locking back down in an effort to further curb a spread that is growing wildly out of control.  Dr. Anthony Fauci, White House advisor on Coronavirus, testified before Congress that daily infections could increase to 100,000 unless states take further action to get the surge of cases under control.[i]

Illinois has thus far managed to keep Coronavirus infections under control, and has dropped to sixth in the US for total number of COVID cases.[ii]  Some nursing homes are even beginning to allow visitors – such as Hillcrest Nursing Center in Round Lake, or Citadel of Wilmette.  The Illinois Department of Public Health has even created a website that allows individuals to track county-level COVID-19 data.[iii]  Fortunately, most counties and communities across the state – from Chicago, to East St. Louis, to Peoria, to Springfield are seeing stable COVID-19 metrics.

However, this does not mean that Illinoisans are entirely in the clear.  “As more aspects of the economy open and more person to person interactions take place, there are many more opportunities for the spread of COVID-19.  The virus hasn’t gone away,” said Governor J.B. Pritzker.[iv]  There will be greater opportunity for the virus to spread as the state continues to reopen.  This also means that workers in many front-line sectors of the economy – such as nurses, doctors, other healthcare workers, and restaurant workers – will continue to be at high risk for getting sick at work from COVID.

Chicago issued an emergency travel order which began at 12:01 a.m. Monday and will remain in effect until further notice.[i]  This means that anyone who has contact with one of fifteen states (listed in the travel order) and enters into Chicago will need to quarantine for 14 days.  This applies to those individuals visiting Chicago or returning to Chicago from visiting those states.

States included in the order are: Alabama, Arkansas, Arizona, California, Florida, Georgia, Idaho, Louisiana, Mississippi, North Carolina, Nevada, South Carolina, Tennessee, Texas, and Utah.

The rationale for this emergency travel order is that these States are seeing significant increases in COVID-19 cases and infection rates.  Some of these states are reporting record numbers.  What this means for Chicago-area workers that revolve around or relate to those types of industries that deal with interstate travel is that they now might have a higher probability of contracting COVID-19 then they were weeks or months ago.

Contact Information