Occupational Safety And Health

May 22, 2020

“I am furloughed/laid off because of Covid-19, is it too late to file a Workers’ Compensation claim for a work accident I had?” “Can I still get compensation benefits if I no longer work for my employer?” “I had an accident at work some time ago but never filed anything, and now I am laid off, can I still file a workers’ compensation claim for that accident?

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

The short answer to these questions is: “Yes, you can still possibly file a workers’ compensation.” It will be highly dependent on the facts of that specific case, but you can still file a claim if you met the criteria. This is where an experienced attorney can help and guide you with your possible claims. Understanding a few important provisions of the Illinois Workers’ Compensation Act is vital to preserving your rights if you’ve been laid off or furloughed because of Covid-19. Or, even if you have an older claim that you did not want to pursue at the time but now want to see if you are still entitled to compensation.

How long do I have to file a claim?

Even if you are no longer working for your employer, you are legally entitled to file a workers’ compensation claim within three (3) years from the date of the injury/accident, or two (2) years from the date of last compensation received because of the injury, whichever is longer. 820 ILCS 305/6(d) Illinois General Assembly. Outside of these time periods, you may find yourself barred from receiving any compensation for that work accident and injury. However, it is important to understand that just because you may still have the ability to file a workers’ compensation claim, there is no guarantee you will be entitled to benefits if you do not take the proper steps in preserving your case.

May 19, 2020

What you should know and what you need to consider for work injuries as a result of repetitive work or repetitive stress to ensure you have the best Workers’ Compensation Claim possible.

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

Under the Illinois Workers’ Compensation Act, workers usually encounter two types of work injuries in most circumstances: 1) injuries which resulted from a sudden event or accident, which is oftentimes termed an “acute” injury; and 2) repetitive trauma injuries which result from the cumulative stress developed over time, usually the result of doing the same activity over and over.

There are a lot of repetitive work injuries an employee can encounter: carpal tunnel syndrome, cubital tunnel syndrome, De Quervain’s, thoracic outlet syndrome, intersection syndrome, medial epicondylitis (golfer’s elbow), lateral epicondylitis (tennis elbow), trigger finger, radial tunnel syndrome, ulnar tunnel syndrome, etc.

Katz Friedman has represented thousands of repetitive trauma cases over the years involving these types of injuries. As a result of that experience, there are some important considerations to understand which can significantly improve your chances of establishing a successful repetitive trauma claim.

April 24, 2020

An Illinois Industrial Worker Suffers ‘Life-Threatening’ Injuries After Being Caught in a Conveyor Belt at Work

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

Industrial workers face many potential dangers every day at work. Conveyor belts are one such example. Conveyor belt accidents lead to roughly 9,000 injuries per year, along with dozens of fatalities, according to the U.S. Bureau of Labor Statistics. Once workers become caught in a conveyor belt, they can suffer injuries like amputations, lacerations, burns, degloving injuries, bone fractures and death. In many circumstances, others may be to blame, whether totally or at least in part. These causes include a failure to perform the necessary maintenance on the plant’s machinery, defects in the machinery, and improper training. If you’ve been hurt in a conveyor belt accident, you should reach out without delay to an experienced Chicago work injury attorney to discover what legal options exist for you to receive the compensation you need.

Back in the fall, a very serious injury accident occurred at a packaging plant in Kane County. According to a kcchronicle.com report, the accident involved a temporary worker who became trapped in a conveyor belt assembly early one morning. The maintenance workers were able to take the conveyor belt apart and get the woman free before the fire department arrived. Despite being freed, the woman still faced serious medical issues. She was transported by helicopter to a nearby Level I trauma center with life-threatening injuries. (Level I is the highest level of trauma care.)

A later report indicated that, despite the extreme injuries, the woman survived. News reports did not divulge the results of the OSHA investigation, so it is not known exactly what caused this accident in Kane County.

August 15, 2017

What do I do when I am injured at work?

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

What do I do when I am injured at work?

You know your job and you know what to do when things are running smoothly and when things go wrong. However, when you get injured you may be unsure about what to do and what to say. Here are some helpful hints for figuring out what to do when you get injured at work.

1. Report everything. If you get hurt at work you should report the accident to your superiors as soon as possible. Let them know exactly what happened and when it happened. It is easy when you have a specific injury, “I picked up a box and felt a sharp pain in my low back.” It is harder when the injury is due to the repetitive and forceful activities that you do at work. If you have pain and think it is work related let somebody know about it and see a doctor. You will need to report the claim to your employer as soon as a doctor tells you that your pain may be work related. Reporting every injury does not mean you are going to a doctor or hiring a lawyer every time. You are documenting that something happened. If you get hurt on Thursday but do not report it until the following Monday your employer may question your claim. Report the accident as soon as possible.

April 11, 2014

Repetitive injuries and workers’ compensation

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

A person does not have to have an accident or suffer some trauma in order to sustain an injury. There is a large group of medical conditions, known as repetitive injuries, which are the result of the wear and tear on the body caused by repetitive motion or activity. Common symptoms of these injuries include pain, weakness, stiffness and numbness.

Repetitive injuries, also referred to as musculoskeletal disorders, can be caused by any number of activities. While they are regularly seen in athletes and musicians, repetitive injuries are also common in the workplace. The Bureau of Labor Statistics reported that these disorders made up 34 percent of all work-related injury and illness cases in 2012.

Types of repetitive injuries

April 10, 2014

Obtaining workers’ compensation for a mental illness in Illinois

by Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, PC

A mental illness is a disease that causes mild to severe disturbances in a person’s thoughts and behaviors. There are over 200 types of classified mental illnesses. However, some of the most common include depression, bipolar disorder, dementia and anxiety. Mental illness symptoms vary by person and may include changes in mood, personal habits and personality.

Mental illness’ effect on workers

Mental illnesses can interfere with an Illinois employee’s capacity to perform the daily requirements of their job. For example, a mental illness may affect an employee’s ability to concentrate, handle pressure, multi-task, remain energized throughout the day, interact with others, respond to changes and filter out distracting sights, sounds and stimuli.