Illinois Workers' Compensation Attorneys Blog

Workers' Compensation is available for those who are hurt as the result of a work-related injury. The system allows workers to recover for lost wages and medical costs. The systems in each state vary, and while we practice exclusively in the state of Illinois representing Illinois injured workers, we found the following story exceptionally compelling and couldn't pass up the opportunity to share it:

In the time leading up to the tragic tornado in Joplin Missouri, it would have been easy for Mark Lindquist to stay home and wait it out. He could have called in sick or just not shown up at all. Instead, he got ready for work and went to the group home where he worked. As a social worker, Mark Lindquist was responsible for working with adults who have mental disabilities. But on May 22nd, a job which was likely never easy required much more of Mark than usual. With no basement available and a tornado moving in fast, Mark and co-worker Ryan Tackett placed mattresses over the residents to shield them as much as possible. Of course with tornado-force winds moving through the area, the mattresses would have shifted without additional weight to hold them down. Putting their patients and their work ahead of even their own personal safety, Mark and Ryan climbed on the mattress to hold them down.

The tornado would go on to kill 162 people, making it the deadliest tornado in over 50 years. Incredibly, Mark Lindquist was not among those lost. He had crushed bones and several pieces of his skin were missing, but he had survived the storm. Doctors informed the family that even if Mark survived, they believed it would be in a vegetative state. The doctors were nearly certain that he would be blind in one eye, use the loss of an arm, and never be able to speak effectively. If that news was not devastating enough, they soon found that debris which fell onto Mark had caused a fungal infection. This infection had already claimed the lives of 5 other tornado survivors.

When Mark finally came out of his coma, he amazed the doctors with his recovery. He now has full sight in both eyes, a sling affords him the use of both hands, and while he may move a little slower, he is able to speak well.

Unfortunately, this amazing recovery comes with a price tag. Mark has already received $2.5 Million in medical bills, requires daily medication and likely needs additional surgery. The Workers' Compensation claim he was relying on to cover the expenses was denied. Mark had no medical insurance coverage to cover the cost. Mark is still weighing his legal options, and hasn't told the press how he plans to proceed.

The reasoning behind the denial of his Workers' Compensation claim was that his injuries did not arise out of his employment - he was not exposed to a risk any greater than the public due to his employment. Like in Missouri, this is a touchstone requirement for Workers' Compensation claims in Illinois as well. While Mark's case may be extreme, many of the injured Illinois workers we represent have also had their claims initially denied based on this requirement. However, our experienced attorneys have been fighting these denials for years in order to ensure that Illinois injured workers get the benefits they deserve.

Sources:

'Miracle' Tornado Survivor Denied Workers' Comp by Associated Press (10/24/11)
A Rush to Protect Patients, Then Bloody Chaos by A. G. Sulzberger and
Brian Stelter for New York Times (5/23/11)

Sometimes there's more to a workers' compensation case than just showing the causal relationship between injury and employment activities. WIth the rising existence of technology in our lives comes the use of this technology to attempt to discount workers' compensation claims. Employers are starting to use surveillance and even materials from social networking sites as evidence against employees' claims for workers' compensation. Employers are claiming that their surveillance footage or social media materials show that particular employees are lying or blowing the injury out of proportion. As a result, employees have to be ready to explain every movement.

The good news, is that the Illinois Workers' Compensation Commission is willing to listen to all sides when technological evidence is presented. In a recent workers' compensation case, the employer presented video surveillance of the employee getting in and out of a vehicle, walking slowly, going into a store and lowering himself to retrieve something. The employer considered this evidence that the employee was magnifying his symptoms of low back and shoulder problems. However, the Commission found the surveillance to be innocuous and not contradictory to the employee's claims of disability and pain. As a result, the Commission awarded disability benefits for a total of 187 weeks.

Another case where the employer used surveillance footage involved a construction worker who was complaining of a work-related injury to his left wrist. The employer presented footage of the worker carrying a bucket in his left hand up a ladder. At first glance this seems like a devastating blow to the employee's workers' compensation case. However, if the employee can show that the bucket was in fact empty, his claim may be able to survive.

What does this mean for a new workers' compensation claim? If you have been injured at work and are concerned that your employer is going to use technological materials to try to discount your claim, do not worry. The Illinois Workers' Compensation Commission will listen to both sides of the story and your Illinois Work Injury Attorney can help you explain the situation. Sometimes, employees try to work through their injury because they are afraid of losing their job or due to loyalty to their employer; whatever the reason is, this should not prevent you from receiving the benefits you are due.

Sources:
Pratl v. Reserve Marine Terminals, 18 ILWCLB 70 (Ill. W.C. Comm. 2009)
Cyril Tuohy, Watching Your Step with Surveillance, Risk & Insurance Online, November 15, 2010.

When thinking about injuries worthy of workers' compensation, most people probably think the injury must have occurred during work hours and at work. However, this is not always true. Two recent cases coming out of the Illinois Workers' Compensation Commission highlight this point.

The first case involves a parking lot leased by the employer to provide parking spaces to the employees. The parking lot was next to the workplace and had an employee-only side entrance. However, the other side of the parking lot was for the public. In the case, the employee slipped and fell on ice while exiting his vehicle in the parking lot. The arbitrator's decision was that since the employer did not own or exercise control over the parking lot, benefits should be denied. However, the Commission reviewed the decision and determined that the employee's accident arose out of and in the course of his employment. The Commission reasoned that even though the employer did not own the parking lot, it did provide spaces to its employees and designated an employee only entrance. By doing this, the employer exercised control over the employees' route. Therefore, the employee was granted workers' compensation benefits.

The next case involves an employer-sponsored charity bowling event where an employee was injured. The event was held during business hours and any employee who did not want to participate had to work their normal business day. Additionally, employees were paid their regular wages during the event. At first, the Commission ruled that the employee was injured during a voluntary recreational activity and therefore the injury did not arise out of employment. However, the Circuit Court overturned this decision reasoning that the benefit was the employer's charitable program and in fact not a recreational activity. The Court went on to explain that the employer derived a benefit by furthering its business interests as a socially responsible corporate citizen and the event was not organized simply as a recreational escape for its employees. Therefore, the employee's accident and injury arose out of her employment and is due compensation.

These cases illustrate the widening definition of what it means for an injury to arise out of employment. If you have been injured and think that the injury may be related to your employment somehow, you may be due workers' compensation benefits. The rule that the injury must be related to work is not so stringent that it must be during business hours while performing a business related activity. If you have been injured and think you have a workers' compensation case, contact your Illinois Work Injury Attorney.

Sources:
Eberhardt v. City of Chicago, 18 ILWCLB 60 (Ill. W.C. Comm. 2009).
Cramer v. Viacom Outdoor, 18 ILWCLB 83 (Ill. Cir. Ct., Cook 2010).

You have a right to Workers' Compensation if you are injured due to an activity at work. If you submit a claim for Workers' Compensation, you should not be treated negatively as an effect. This means if you request Workers' Compensation, because you have a legal right to it, you should not be discharged, or refused to be recalled or rehired as a result. In fact, if this happens to you, you can sue for damages.

A woman in St. Clair County is suing for punitive damages plus cost because she claims her former employer terminated her in retaliation for her claim for Workers' Compensation. During the summer of 2009, the woman was injured while at work and submitted a workers' compensation claim to seek benefits for medical treatment, temporary total disability and permanent partial disability. A week later, the woman was fired from her position. The woman is now alleging lost income and benefits, injury to her reputation and suffered mental anguish.

If this situation sounds like a situation similar to the one you are in, you should contact your Illinois Work Injury Attorney for help. If you are injured in connection with a work activity then you have a legal right to Workers' Compensation and should not be treated negatively as a result.

Source: http://www.madisonrecord.com/news/230070-drury-hotels-sued-by-worker-claiming-wrongful-termination

Your work conditions may make you more susceptible to injuries that deserve compensation. For example, in a 2009 decision, the Commission awarded permanent partial disability benefits to a correctional officer because the nature of his job put him at risk for certain injuries more so than the general public. In that case, the correctional officer spent most of his time standing, walking and climbing stairs with an extra 5 pounds of equipment on a concrete floor. The Commission found that this work activity increased the stress on the officer's foot including aggravating a preexisting condition.

How does this affect you? Your working conditions and required work activities impact your body. Work activities can cause new injuries or aggravate old ones. Common injuries like herniated discs, back pain and carpal tunnel can all be caused by everyday work activities. For example, sitting at a desk for long periods of time, lifting heavy objects or typing on a keyboard can injure you.

If you have questions about your work conditions and how it relates to your injury, please contact your Illinois Work Injury Attorney.

An Illinois construction worker died from injuries he sustained when a piece of the worker's hooded sweatshirt became entangled in a piece of sewer equipment the worker was using. The construction worker was apparently working with a power rodder to clean out a drain. The construction equipment snagged a piece of the worker's clothing and twisted it around the worker's neck. A neighbor found the worker unconscious and called paramedics who rushed the Illinois worker to the hospital. Unfortunately, the construction worker did not survive his injuries.

Accidents like this serve as a reminder to the Illinois working public of the dangers associated with many manual labor jobs, particularly construction jobs. It is imperative that Illinois construction employees and employers strive to maintain the highest level of safety at work sites. Unfortunately, even with the most vigilant safety measures in place, accidents may still happen, sometimes under the least expected circumstances as this story demonstrates.

Injured workers must report work-related injuries to a supervisor and seek medical treatment immediately if necessary. Injured workers should also keep in mind that under the Illinois Workers' Compensation Act, Illinois construction workers are entitled to off-work benefits while recovering from the accident, and compensation for medical expenses. An attorney that concentrates in Worker's Compensation law can safeguard an Illinois injured worker's rights to benefits and maximize the injured worker's recovery.

Worker killed after clothing got entangled in sewer equipment New York Injury News, October 26, 2009

Continue reading "Construction worker dies after clothing becomes entangled in equipment." »

A construction worker was trying to remove a collapsed concrete column with an excavator at Illinois State University's Hovey Hall when the column fell on him and he was crushed to death. The deceased worker was an employee of Stark Excavating, Inc. The 18,000 pound piece of concrete fell on the cab of the excavator causing severe trauma to the workers lower body which killed him.

Of all Illinois work sites, construction sites are probably the most dangerous work sites in the state. Illinois construction workers risk serious injury and even death on a daily basis in Illinois. It is for this reason that many of the cases filed with the Illinois Workers Compensation Commission are for construction related injuries.

Under the Illinois Workers' Compensation Act, Illinois construction workers are entitled to off-work benefits while recovering from the accident, and compensation for medical expenses. If an Illinois construction worker dies from his or her injuries, his or her widow or widower, children, or totally dependent parents who qualify for death benefits are entitled to benefits under the Act.

In some cases, an injured worker may be entitled to pursue a second case if a third party, other than the worker's employer, is responsible for the accident. If the injured worker has a third party case, it must be filed within two years of the accident.

Worker killed by collapsed column at Illinois State University, New York Injury News, December 30, 2009

Continue reading "Construction worker killed at Illinois State University" »

A Chicago worker died from his injuries at a water reclamation plant when his harness got caught in a Bobcat gear. The worker was a 38 year old man from the South Side who worked at the Calumet Water Reclamation Plant. For unknown reasons the worker's safety harness got caught on a gear of a Bobcat construction vehicle, which then ran over the worker, killing him.

Unfortunately, tragedies like this happen every day particularly in work environments where workers are working with heavy machinery or hazardous materials. While the Illinois Workers Compensation Act cannot replace the loss of a loved-one, it does guarantee the deceased's family certain rights.

Under the Act, an Illinois worker's widow or widower, children, or totally dependent parents who qualify for death benefits are entitled to weekly payments at a worker's TTD rate. A worker's TTD rate is equal to two-thirds of the worker's average weekly wages. If the widow or widower remarries, and there are no children at the time of the remarriage, the widow or widower is entitled to a lump sum payment equal to two years compensation and all rights to further benefits are extinguished. The maximum amount an eligible member of the deceased's family can recover is either twenty years of weekly compensation or $250,000.00, whichever is greater.

Worker Ran Over at Chicago Reclamation Plant New York Injury News, December 5, 2009

Regardless of the job, Illinois workers who do physical labor and work around machines are at risk of serious injuries at work. A good example of this is a recent injury involving a carnival worker.

On July 9, 2009, 41-year-old carnival worker Mark Packingham of Springfield, Illinois was working on setting up a Ferris Wheel at the Christian County Fair. His left arm was caught and crushed during set-up and he was rushed to a local area emergency room.

Of course, this injury is covered under the Illinois Workers Compensation Act, and Mr. Packingham is entitled to benefits, including being paid for time off work while recovering from his injury, coverage of his medical expenses for treatment related to his injury and an amount of compensation for permanent disability related to the injury itself.

Carnival Worker Injured At Christian County Fair, IllinoisHomePage.net, July 7, 2009