Articles Posted in Worker Compensation

Senator and presidential hopeful Elizabeth Warren is drafting a bill that would ban “mega mergers” between the nation’s largest companies as well as try to improve the bargaining power of short-term and temporary workers.

The forthcoming legislation, a collaborative effort with Rep. David Cicilline of the House antitrust subcommittee, would bar tie-ups including a company with over $40 billion in annual revenue or two companies each with at least $15 billion in annual revenue, according to a person familiar with the matter.

It would also grant gig workers the power to unionize, a potential landmark change for rail-hailing companies like Uber Technologies and (click here) to read the full article via CNBC.

Editor’s note: The original article appeared in the Atlantic technology section on June 25, 2018.

I’m sure I looked comical as I staggered down a downtown San Francisco street on a recent weekday, arms full of packages—as I dropped one and bent down to pick it up, another fell, and as I tried to rein that one in, another toppled.

Yet it wasn’t funny, not really. There I was, wearing a bright-yellow safety vest and working for Amazon Flex, a program in which the e-commerce giant pays regular people to deliver packages from their own vehicles for $18 to $25 an hour, before expenses. I was racing to make the deliveries before I got a ticket—there are few places for drivers without commercial vehicles to park in downtown San Francisco during the day—and also battling a growing rage as I lugged parcels to offices of tech companies that offered free food and impressive salaries to their employees, who seemed to spend their days ordering stuff online. Technology was allowing these people a good life, but it was just making me stressed and cranky.

Whether you’re in Chicago, New York or any other major city, construction work is one of the most dangerous jobs out there. Too many times, the damaging or even fatal accidents that happen to construction workers are the result of inadequate safety protections and protocols at the job site. Some accident types occur over and over, leading OSHA to declare them to be the “Fatal Four.” These four accident types – falls, being struck by objects, electrocutions and being caught in/caught between – accounted for roughly 60% of fatal construction accidents in 2017.

When that happens, you, as the loved one of a deceased worker, may be entitled to recover death benefits under the workers’ compensation system. Meeting all the requirements of the workers’ compensation process isn’t easy, so be sure to retain an experienced Chicago workers’ compensation attorney without delay.

R.L.’s case was a tragic Chicago-area example of the “Fatal Four.” R.L. died after a driver of a front loader backed up his vehicle into R.L. and pinned the worker between the front loader and a dump truck.

Workers in many industries face a variety of risks when it comes to workplace accidents and injuries. Airport workers are no exception. Sometimes, those risks of injury are inevitable but, as a recent Baltimore Sun report reminds everyone, some regrettably are not. Too many times, the risks airport workers face are the result of inadequate safety protections provided to them. That’s true whether you’re at BWI Airport in Maryland or O’Hare Airport here in Chicago. If you are hurt while on the job at an airport, you should seek skilled Chicago workers’ compensation legal counsel about your possible options in civil court or workers’ compensation.

According to the Sun report, the Maryland Occupational Safety and Health agency recommended that a logistics entity receive citations and several thousand dollars in fines as a result of several workplace safety issues at the BWI Marshall Airport. One of the most serious violations involved work that was being done at the top of jet bridges. The investigation found that the jet bridge work was as high as 25 feet off the ground, but was done by workers who lacked proper fall protection or adequate training, the Sun reported.

That violation was considered the most serious because of its likelihood to lead to serious injury or death. Injuries from falls are among the top causes, or the #1 top cause, of worker fatalities in many areas of work.

Sleep Tips for Commercial Drivers

If you are a commercial driver or you know one, it’s important to educate yourself about drowsy driving, what helps mitigate it, and what makes it worse.

1. Get Enough Sleep Before You Drive

A worker who suffers a workplace injury in Illinois is entitled to pursue a claim for workers’ compensation benefits. Some claims may proceed in a straightforward way, where the focus falls primarily, or solely, on whether or not the injury was compensable and the extent of benefits to which the worker was entitled (and which the employer’s workers’ compensation insurer will pay).

Other times, though, there are added “wrinkles” in a case. Many times, these extra hurdles are things that are impossible to see in advance. One of the best ways to protect yourself and your claim is to make sure that you have an experienced Illinois workers’ compensation attorney on your side, who knows how to navigate the system and engage in the proper procedural steps in response to any unexpected hurdles.

What do we mean by unexpected additional hurdles? Look at the case of G.K., an employee of a stucco contractor. G.K. was reportedly injured on the job in 2008 and filed a claim for workers’ compensation benefits. At this point, G.K.’s case might have seemed straightforward, but it wasn’t. There was a problem that was completely not the worker’s fault: the employer had breached its contract with its workers’ compensation insurer, so the courts decided that the insurance company was not legally obligated to pay anything in G.K.’s case.

When you are hurt at work and it becomes necessary to pursue a claim for workers’ compensation benefits, there are several hurdles you have to clear. For one thing, you have to meet all of the procedural requirements that go with the workers’ compensation claim process, which can be challenging for those not familiar with the rules.

In addition, you may have factual issues in your case that could open the door to attacks by your employer. For example, if you have incurred additional accidents after you suffered the original workplace accident that was the basis for your claim for benefits, your employer may try to argue that the later accident was the real cause of your harm, not the original workplace accident. Whether it is meeting all the procedural obligations or being prepared to take on your employer’s arguments, it pays to be sure that you are fully prepared and that includes having an experienced Chicago workers’ compensation attorney on your side.

D.H.’s claim was one that involved this issue of intervening accidents. The employee was working for an electrical entity when his right arm was injured on June 16, 2014. The next year, in April, while working for a different employer, the employee injured his right shoulder.

Your workplace injury legal action (or actions) may be very straightforward or may be highly complex. What might start out as a seemingly simple request for additional benefits based on an unanticipated need for a secondary medical procedure may possibly set off many wide-ranging legal consequences. The key is to have the skilled Illinois workplace injury counsel you need to be ready for whatever comes next.

G.B. was a worker whose injury action proved to fall into the “complex” column. In the spring of 2017, G.B. was injured while working as a forklift driver in McHenry County. The damage to the driver’s shoulder was bad enough that he required rotator cuff surgery. Later on, doctors determined that the worker needed a follow-up surgery. That led G.B. to request an adjustment of the workers’ compensation claim for benefits that he’d filed earlier.

What ensued was a web of allegations and litigation over G.B.’s claim, all triggered through no fault of the worker. As many employers, especially larger employers, do, G.B.’s employer had workers’ compensation insurance. However, G.B.’s employer allegedly covered the forklift driver’s lost wages and medical expenses after the first surgery without notifying the insurance company. According to the insurer, it only found out after G.B. sought the adjustment to his claim based on the need for a second surgery.

In a claim for workers’ compensation benefits, filing all of the required documents, and filing them on time, is of the highest importance, since meeting deadlines as opposed to filing too late can be the difference between a successful outcome and a failure. That’s why you should not delay in reaching out to an experienced Chicago workers’ compensation attorney whenever you’ve been hurt at work.

Moving quickly is essential because the law imposes strict deadlines on certain steps in your workers’ compensation claim process. Miss any one of those filing obligations or deadlines, and your case may get thrown out regardless of how impressive, voluminous, or persuasive your factual evidence was.

To see just how harmful a delay can be, look at the case of B.C. B.C. worked for a central Illinois school district when she was hurt on the job in November 2011. She filed a claim for workers’ compensation benefits.

If you have been injured during the performance of your job, you may have a variety of options for obtaining compensation for your injuries. You may be entitled to file a claim for workers’ compensation benefits. You may be entitled to pursue a civil lawsuit. In some circumstances, you may be entitled to do both. With any option will come certain benefits and certain possible complications, so you should be sure you have representation from a skilled Chicago injury attorney to help guide you through the process.

C.A.’s case was one in which he pursued both a workers’ compensation claim and a civil lawsuit. C.A. was a semi-truck driver who, one day in March 2015, was traveling along a highway in Grundy County when an accident occurred. D.R., another semi-truck driver, crashed his truck into C.A.’s truck. The accident caused C.A. to suffer substantial injuries.

The collision allegedly caused C.A. to suffer back, shoulder and knee injuries. In addition to filing a lawsuit in Illinois, C.A. also filed a workers’ compensation claim for benefits in Pennsylvania, which was where his employer was based. Eventually, C.A. settled the workers’ compensation case. In the settlement agreement that ended that action, the document stated that C.A. suffered a right knee strain – and only a right knee strain – as a result of the accident.