Author: mjdadmin

Asbestos and workers’ compensation in Illinois

Posted on by mjdadmin

aChestXray Depositphotos 52417599 m 300x189Many workers in Illinois are exposed to asbestos on the job. Exposure to this dangerous substance can cause a number of life-threatening medical conditions. There is currently no safe level of exposure, and even brief contact may increase the chance of occupational illness.

Lingering risks from asbestos

Asbestos is much more tightly regulated than it was during the 20th century. It is no longer used as insulation in new buildings, pipes and vehicles, but it is still present in a wide range of work environments and may not be entirely avoidable during repairs on older sites. According to a long-term projection study on asbestos and workers carried out by Harvard University, U.S. workers will still contract approximately 500 cases per year of asbestos-related mesothelioma (an aggressive form of lung cancer) in 2055, more than half a century after the material was phased out in new constructions. These lingering risks are projected to cause considerable suffering and loss of life.

Health problems caused by asbestos

Mesothelioma and other types of lung cancer are not the only serious health risks posed by asbestos. Exposure to asbestos fibers can also cause any or all of the following medical conditions:

  • Asbestosis (buildup of scar tissue in the lungs)
  • Irritation of the pleural lining
  • Impaired blood flow to the heart
  • Malfunctions of the intestines, stomach or peritoneum

These conditions can be career-ending and permanently disabling.

Workers at risk have the right to compensation

If workers are exposed to asbestos on the job, they have the right to full compensation for any health conditions they develop as a result. The exposure does not need to be long-term. A few days spent working in an old building full of asbestos may provide ample grounds for a workers’ compensation case if the employee becomes ill.

Documentation is important for a strong case

Many workers’ compensation claims are filed after catastrophic accidents in the workplace. Cases of asbestos exposure are more complicated. Because it may take years for the effects of asbestos to become apparent in a worker’s body, it is important to document every symptom and every incident of exposure. Employees have the right to know when they are working in an environment that may expose them to asbestos. They also have the right to sufficient protective equipment. If employers are negligent, workers should document the unsafe conditions and seek counsel from a legal professional.

Asbestos exposure on the job is a persistent danger in many careers. To find out more about your rights and your options, contact a personal injury lawyer today.

Choosing the right doctor to treat a work injury

Posted on by mjdadmin

aHighlightedShoulderPain Depositphotos 22971548 m 259x300According to the U.S. Bureau of Labor Statistics, more than one in 33 American workers reported a substantial work injury or illness in 2012. Injured employees in Illinois have choices about the doctors and hospitals they visit. By discovering more about their rights and options, employees can secure the medical treatment they need for a full recovery.

Can injured workers choose their doctors?

Injured workers can pick their own medical providers in most cases. State law and employer choice may set some limitations on the number of specialists seen or the particular doctors available for consultation. It is important to learn about these limitations to avoid the risk of facing medical bills which may not be covered by workers’ compensation benefits.

Preferred Provider Programs

Illinois employers have the option of establishing a Preferred Provider Program with a pre-selected choice of doctors. If an employer has set up a PPP, injured workers may choose two physicians from the network. Employers who establish a PPP must notify their employees in writing with an official form provided by the Illinois Workers’ Compensation Commission.

Does the PPP network apply to all medical care?

Even if the employer has a PPP network in place, it does not apply to medical care in the following situations:

  • Emergency care in the immediate aftermath of an accident or injury
  • Medical treatment received before reporting the injury to the employer
  • Treatment received after the worker has chosen to opt out of the employer’s PPP network

If a head injury occurs in a slip-and-fall accident, for example, the employee is not only permitted but encouraged to seek treatment from the closest available doctor. PPP networks are designed to cover long-term care after an injury on the job.

How are employers allowed to opt out of the PPP network, and what are the consequences?

Employees may opt out of participation in a PPP network by notifying the employer in writing. This statement counts under Illinois law as a choice of medical providers, leaving the employee with the choice of a single doctor outside the PPP network. If this doctor refers the injured worker to further specialists, their services are also covered by workers’ compensation. Employees must seek written approval from their employers if they wish to see a specialist outside this chain of providers.

Navigating the health care system after a work-related injury can be complicated and intimidating. Get in touch with a legal professional today for advice on your situation.

3 tips on how to prepare for a workers’ compensation appeal

Posted on by mjdadmin

xxpPlanOnCorkBoard Dollarphotoclub 52021442 300x200Most workers’ compensation cases are resolved quickly and smoothly, but sometimes the process becomes complicated. According to the Illinois Workers’ Compensation Commission, injured workers appealed almost 2,100 cases in the state during the year 2013 alone. Nearly half of these appeals resulted in an increased level of benefits. By following three basic tips, employees can prepare for an appeal and increase their chances of winning.

Tip #1: Know how the appeal process works

Before choosing to make a workers’ compensation appeal, employees should be aware of the appeal process and the range of possible outcomes. Illinois law provides for the following options in appeal cases:

  • A worker denied compensation has recourse to arbitration.
  • If arbitration is unsuccessful, the worker may appeal formally to the IWCC for reconsideration for the case.
  • After reviewing the case, the IWCC decides whether to approve or deny the appeal.
  • If the IWCC approves the appeal, a three-member review panel decides how much compensation to offer the injured worker.
  • If the IWCC denies the appeal, the worker may pursue the case in the Illinois Supreme Court.

This multi-stage process may last for a year or more. Arbitrators, reviewers or other IWCC officials may ask for additional testimony and evidence at any point.

Tip #2: Speak discreetly and seek legal counsel

After a workplace injury or illness, it is normal to seek advice and support from family, friends and co-workers. This practice can be dangerous for injured employees who plan to appeal a workers’ compensation case. Everything that employees say, even in an informal context, can be used as evidence against them. Before speaking about medical issues, workers should seek legal counsel. This advice is especially crucial if there are pre-existing medical conditions.

Tip #3: Beware of social media

Social media can be a lifeline for injured workers during the pain and discomfort of recovery. Unfortunately, it can also be a liability during the appeal process. Employers and their attorneys may use social media postings, videos, messages and other evidence to argue that a worker is not genuinely disabled. Always think before posting, and consider taking a break from social media while the case is under consideration.

Appealing a workers’ compensation case can be challenging. These three tips—know the process, speak discreetly and use social media wisely—can alleviate some of the difficulties. Call a personal injury attorney today for a free consultation about your case.

Children often the victims of pedestrian accidents

Posted on by mjdadmin

xxpSpeedingCarThruCrosswalk Depositphotos 6699910 m 300x200The most common cause of death for children under the age of 15 is car crashes, and over one-fifth were on foot rather than in a vehicle, according to the National Highway Traffic Safety Administration’s Traffic Safety Facts for 2012. Another 11,000 child pedestrians were injured that year, and more than 1,600 of those were in Illinois.

Risks for children on or near roadways and in parking lots are much greater because their small size makes it difficult for drivers to see them in time to stop. They are also less likely to follow pedestrian traffic rules and are often unable to accurately judge distances and speeds of oncoming vehicles.

Distracted driving and speeding increase danger to children in crosswalks

In order to highlight the risks of children and car accidents, Safe Kids Worldwide’s Department of Evaluation and Research conducted a national study in the United States during the 2008-2009 school year. The results revealed that one in six drivers in school zones were distracted. A distraction is anything that takes the driver’s eyes, hands or attention away from the road. Fifty-five percent of the distracted drivers passed through during after-school hours as children were leaving. An inattentive driver going 30 miles per hour typically takes 100 feet or more to come to a complete stop, which is not enough time to react when a child enters a crosswalk.

While an attentive driver needs approximately 45 feet to come to a stop, a driver in the same situation who is going five miles per hour over the posted speed limit will hit the child at about 18 miles per hour. This amount of force has the potential to cause major injuries, and even death, and the danger of injury or fatality corresponds with the increased speed of the vehicle. The most common types of pedestrian injuries are broken bones in the legs, lacerations and head trauma. Of these, traumatic brain injury is often the most devastating because of the physical, mental and emotional damage that are a common result.

Driver and pedestrian caution can prevent accidents

Drivers can reduce the likelihood of a injuring or killing a child by observing posted speed limits, maintaining constant focus on the task of driving, and exhibiting extra care in school zones and intersections. Parents can reduce the danger for their children by teaching them pedestrian safety. This includes walking on sidewalks or against traffic on the shoulder, crossing at designated crosswalks or intersections, and wearing light colored clothing and carrying a flashlight after dark.

When children are victims of pedestrian accidents, family members often benefit from the advice of a personal injury attorney who is familiar with the Illinois legal system and can obtain full compensation to cover medical bills, pain and suffering.

Clearinghouse proposal seeks to prevent truck accidents

Posted on by mjdadmin

xxaSemiStraightOn Dollarphotoclub 61306672 300x214When commercial vehicle operators test positive for alcohol or drugs or refuse to take a mandatory test to prove sobriety, their professional driver’s licenses are suspended or revoked. Employers do not currently have a single resource that shows the record of all potential employees, which makes it difficult to ensure that unsafe drivers are kept off the road.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration has put forward a rule that would establish a database for temporarily or permanently suspended commercial driver’s licenses. In the Moving Ahead for Progress in the 21st Century Act, a recently proposed transportation bill, Congress has included this plan in order to reduce the number of annual truck accidents on the roadways in Illinois and across the country.

Records of driver infractions should be available for employers

Before employment, federal regulations require that commercial driver’s license holders have their qualifications screened based on driving records to prevent truck accident injuries. Employers must conduct random drug and alcohol tests, as well. Commercial drivers fail alcohol or drug tests when there is a blood alcohol content of .04 percent or greater, or there is evidence of a controlled substance in the system. Either result requires that the employer immediately remove an operator from performing any safety-sensitive job such as driving a commercial vehicle. An employee must successfully complete a return-to-duty process before qualifying to get back behind the wheel. Data available in the recommended clearinghouse would consist of the following:

  • Records of those drivers who failed a mandatory drug or alcohol test
  • Drivers who refused to take a test
  • Drivers who successfully completed a required substance abuse program

Truck and bus companies regulated by the Federal Motor Carrier Safety Administration would provide the required information, as well as medical review officers, substance abuse professionals and drug and alcohol testing laboratories.

Safety checks reveal thousands of drivers under the influence

In 2013, federal and state law enforcement officials conducted more than 3 million random roadside inspections of commercial vehicles and their drivers. Over 1,200 of the examinations revealed violators of federal regulations governing controlled substances, and officers found 2,095 of the commercial vehicle operators guilty of drunk driving. These alarming numbers emphasize the need for resources to discourage truck drivers from using drugs or alcohol.

In Illinois, victims of a crash involving a tractor-trailer may benefit from the advice of a personal injury attorney who can navigate the legal system to achieve the maximum compensation under the law.

Buzzed drivers pose risks to others on the road

Posted on by mjdadmin

pDrunkWomenInCar2 Dollarphotoclub 56570741 300x200According to the 2014 Illinois DUI Fact Book, a driver with a blood alcohol content of .08 is 11 times more likely to be killed in a car crash than one who is sober, but even buzzed drivers exhibit slower reaction time and impaired coordination after just one drink. In 2012, 35 percent of the total Illinois crash fatalities were alcohol-related. This is consistent with the national percentage, according to the National Transportation Safety Board.

One drink affects mental and physical ability

Twelve ounces of beer, five ounces of wine or 1.5 ounces of 80 proof liquor each contain 1.2 tablespoons of ethanol alcohol, according to the National Institute on Alcohol Abuse and Alcoholism. This amount has effects that appear in about 10 minutes and last for hours. One drink affects the chemicals in the brain responsible for communicating messages from one area to another, and reactions may include impulse control problems, balance problems and compromised depth perception and focus.

In a recent study published in the journal Injury Prevention, researchers at the University of California, San Diego collected car crash data to determine how the level of alcohol in the blood correlated to fault. A greater number of alcoholic beverages consumed is linked directly to responsibility for motor vehicle accidents. This probability does not begin at the legal level of .08 percent. A driver with a .01 percent blood alcohol content is almost 50 percent more likely to be at fault than the sober driver.

Lowering legal limits may reduce buzzed driving

The lack of driver education regarding the effects of alcohol may be a contributor to the number of injury and fatality car accidents each year. Even though the legal limit is far above the actual point of impairment, many drivers use it as the indicator of whether or not they are capable of getting behind the wheel.

Approximately 30 million licensed drivers admit to driving drunk, and even some drivers who are designated to chauffer friends home after drinking believe it is acceptable to drive as long as they drink less alcohol than the others in their party.  Researchers at the University of Florida conducted a survey and Breathalyzer tests of self-proclaimed designated drivers leaving bars and discovered that 41 percent had had at least one drink.

In many countries, the legal limit is set at .05, and lawmakers in the U.S. encourage states to reduce their blood alcohol content limits, as well. Buzzed driving is not currently against the law, but if there is evidence that a person’s driving is impaired, a judge may still issue a drunk driving conviction. A victim of an alcohol-related crash may benefit from the legal advice of a personal injury attorney who is familiar with the laws on impaired driving in Illinois.

Turbulence and airline attendants: Yes, you can claim compensation

Posted on by mjdadmin

pPersonalBusinessJet Dollarphotoclub 60023278 300x143Air travel in America is safer than ever before, with an extremely low incidence of mechanical failures and crashes. According to the U.S. Department of Transportation, more than 1.7 million domestic passengers per day flew in 2013 without a single fatality. Unfortunately, there is one aspect of flying that remains hazardous: the danger of injuries from turbulence. This danger is especially acute for flight attendants because of their job duties in the air. Illinois flight attendants can safeguard their rights by learning more about work-related injuries and the benefits available to help with recovery.

Why do flight attendants face an increased risk of turbulence injuries?

When passengers are seated with their seat belts properly fastened, they face almost no risk of physical harm from turbulence. Although extreme turbulence can be hard on the nerves, modern commercial airplanes are designed to withstand it without incident. Passengers will stay safe if they are securely belted in at all times. Flight attendants do not have this option. Their duties include many hours of food service, beverage service, cleanup, safety checks and attending to the needs of passengers. Most airline attendants will spend a considerable percentage of any given flight out of their seats. When heavy turbulence strikes, as it often does without warning, they are more likely to incur severe injury.

What do turbulence injuries look like?

Some flight attendants are permanently unable to return to work after traumatic injuries caused by turbulence. A study of two major U.S. air carriers made by the Association of Flight Attendants showed that 143 flight attendants faced disabling injuries during the year 2009 alone. Severe turbulence can turn heavy objects into dangerous projectiles. While flight attendants are standing in the aisle, they are in danger of multiple injuries from service carts, including all of the following:

  • Broken bones
  • Lacerations
  • Severe bruising
  • Head or neck injuries

If a plane drops suddenly because of clear air turbulence, an unsecured person can also hit the ceiling and suffer a concussion.

Injured flight attendants can claim workers’ compensation

When flight attendants are injured in the line of duty, they can claim workers’ compensation for lost wages and expenses connected to their recovery. They have the right to disability payments, coverage of medical treatment, vocational rehabilitation and benefits paid to survivors in the event of a fatal injury. According to Illinois workers’ compensation law, these benefits must be paid promptly and consistently as long as the work-related disability lasts. Are you living with the aftermath of a turbulence injury? Contact an attorney today to learn more about your options.

Tips on dealing with a dog attack

Posted on by mjdadmin

pSnarlingDog 3990645 s 300x225According to the Centers for Disease Control and Prevention, a person receives a dog bite that requires medical attention every 45 seconds. The demographic with the most incidences of attack is boys between the ages of 5 and 9. Roughly half of the dog-inflicted injuries each year happen to children under the age of 18, and they represent 70 percent of the fatalities.

Illinois is one of many states that holds owners responsible for their pets’ actions, but the alarming number of victims suggests that a more proactive approach is needed. Individual and community awareness of the dangers can reduce the risk of serious injuries and fatalities.

Behaviors may give advanced warning

Identifying aggressive and potentially harmful behavior may prevent an injury. A dog attack rarely occurs without some kind of warning, although there may be little time to respond before the behavior escalates into violence. The American Society for the Prevention of Cruelty to Animals lists several signs to watch for, including the following:

  • Growling
  • Showing teeth
  • Snarling and snapping
  • Lunging

In addition to these familiar aggressive behaviors, still or rigid posture, or a low, guttural bark may give an indication of a threat.

When approached by an aggressive dog, certain activities may prevent or lessen the severity of an attack. An individual should avoid surprising or startling the animal. If there are any exhibitions of aggressive behavior, it is important for a person to remain calm and still, avoid eye contact and back away slowly. In the event of an attack, curling up in a ball to protect the face, throat and chest may reduce the risk of a fatal injury.

Every dog bite is potentially dangerous

Any bite that breaks the skin should be examined by a medical professional. There are many potential complications that could occur as a result of a bite, including tetanus, rabies, blood poisoning and other infections. Any time someone is bitten, it is important to catch the animal alive if possible, so that it can be examined for signs of rabies. Strays should be reported to the authorities right away. Even if they would not normally be a threat, hunger or abuse may raise the risk.

In Illinois, any person owning or harboring a dog that is responsible for an injury is liable for the medical bills, emotional trauma and suffering of the victim. An experienced personal injury attorney can make sure that full compensation is received for the effects of a bite.

Illinois police chief: Tougher DUI penalties would keep roads safer for others

Posted on by mjdadmin

pDrinkingDriver2 Dollarphotoclub 55786554 300x200Alcohol-related car accidents cause more than 10,000 fatalities each year. According to Mothers Against Drunk Driving, an impaired driver may get behind the wheel 80 times before getting arrested. Two-thirds of those who are arrested have never been convicted before, but one-third are repeat offenders.

Law enforcement officials are concerned about the number of people who are convicted of driving under the influence, and yet end up out on the roads again. For example, in Riverside, Illinois, a man was recently arrested for the fourth time. His driver’s license had been revoked for prior DUIs, but that did not prevent him from driving. Lawmakers are working to create penalties that will deter first time offenders and eliminate repeat offenses.

Any amount of alcohol affects brain function

The Illinois State Police’s Influenced Driving webpage states that one drink is equal to one ounce of 86 proof liquor, three ounces of wine or 12 ounces of beer. These examples of one drink contain 1.2 tablespoons of ethanol alcohol, according to the National Institute on Alcohol Abuse and Alcoholism. Anything over .05 blood alcohol content is considered impaired, and .08 or more is presumed under the influence.

Although the body weight and metabolism of every person is different and will process the drink differently, even one drink is enough to affect the physical and mental abilities while driving. The chemicals that carry messages throughout the brain are blocked, reducing reaction time and the ability to control impulses and make good decisions. Eye focus and depth perception are also affected negatively.

Current laws do not keep drunk drivers off the road

The first time an individual is convicted of drunk driving, it is considered a misdemeanor, which carries a punishment of up to one year in jail, fines up to $2,500, court costs over $1,000 and  a temporarily suspended license. The first DUI also causes limited driving privileges. These limits include the installation of a breath alcohol ignition interlock device system in the vehicle. The driver must blow into the device before starting the car, and if the blood alcohol content is above a pre-set limit, the vehicle will not start.

Law enforcement officials in Illinois say that the Breathalyzer devices on cars are less effective than they should be. Offenders simply borrow, buy or rent a different vehicle. In Riverside, 64 DUI arrests in 2013 were offenders who had multiple convictions and whose licenses had been revoked. Victims of drunk drivers should call an Illinois personal injury attorney who is able to get full compensation for all damages incurred.

Illinois lawmakers seek to limit workers’ comp claims for travel-related injuries

Posted on by mjdadmin

pConstructionCrane Dollarphotoclub 63647400 300x224Not all job-related injuries occur in the workplace. Many employees are required to travel hundreds of miles by road, train, boat or air in the course of their employment. Severe injuries or illnesses can occur while workers are in transit. According to the U.S. Census Bureau, more than 160,000 workers were injured during job-related travel during 2010. A new Illinois bill, SB 2624, would limit workers’ compensation claims made by employees injured on the road. This important piece of legislation has the potential to affect thousands of claims in Illinois every year.

What are the changes proposed by SB 2624?

SB 2624 is a composite bill that contains a number of workers’ compensation reforms and updates. If the bill is passed, it will cause three major changes to Illinois law:

  • The weekly wage of injured workers will be determined by a new and more rigorous formula.
  • Shoulder injuries will be considered as arm injuries for compensation purposes, and hip injuries will be considered as leg injuries.
  • Benefits for travel-related injuries will be severely curtailed.

All of these changes could have a considerable impact on the financial situation of injured workers in Illinois.

How would SB 2624 limit claims for travel-related injuries?

According to the provisions set out by SB 2624, employees who are required to travel as part of their jobs are only eligible for benefits if an injury occurs during active engagement in job activities. The injury must also arise directly out of employment. The bill sets a new standard for compensable injuries: they must be more than 50 percent job-related and not connected to any hazards or risks outside the sphere of employment.

What does this mean in practical terms?

Under current Illinois law, many injured employees have successfully filed for benefits after an accident during work-related travel. A 32-year-old Chicago plumber received almost a year of temporary partial disability in 2012 after slipping and falling on a restaurant floor while getting breakfast on the way home after an exhausting 11-hour overnight shift. If SB 2624 passes, such cases may be ineligible for benefits.

Controversies surrounding SB 2624

These proposed cuts to service have attracted a considerable amount of controversy. Advocates of the bill argue that it would reform a bloated and overly generous workers’ compensation system, offering better protection to employees who are genuinely disabled in the line of duty. Opponents argue that it would deprive workers of necessary protection against the hazards of commuting and other work-related activities.

Are you facing the aftermath of a work-related injury in Illinois? Get in touch with a workers’ compensation attorney today to find out more about your options and your rights.