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Recent Blog Posts
Injury or Illness and Reasonable On-The-Job Accommodations
When workers are injured or become ill it is not uncommon for them to take advantage of disability leave time in order to mend and heal. However, in some cases, an employee is able to work while undergoing treatment for an illness or accept a light-duty role. In such scenarios, it is important to ensure employers are making reasonable accommodations despite one’s inability to perform their job at the same level as prior to the injury or illness.
Suburban Police Officer Battling Cancer and Employer
In one case, a suburban police officer is claiming his municipal employer is guilty of violating the American with Disabilities Act (ADA) when it terminated a light-duty assignment he was performing while undergoing and recovering from treatments for cancer:
- Diagnosed in 2016, the officer began chemotherapy 10 days after doctors discovered the disease.
Limited Scope Representation
Many have expressed the opinion that justice is available only to those who can afford it. While that is not what the founding fathers had in mind, the evidence supporting that view seems to be growing. However, with the availability of alternative legal support and limited scope representation the opportunities for pursuing rightful claims are expanding.
Ala Carte Legal Services Made Available
In 2013, the Illinois Supreme Court made a decision that resulted in greater access to competent legal services for lower and middle-income residents who do not qualify for legal aid based on their income. The creation of limited scope representation services is seen to have leveled the playing field:
- Limited scope representation essentially allows an individual to hire an attorney for the purpose of performing a specific task while performing other tasks themselves.
Repetitive Motion Injuries
There may be fewer things more frustrating than sustaining an injury while on the job. While accidents happen, injuries caused by performing repetitive activity or motion to complete a required are no less harmful. Workers and employers alike must take steps to monitor for repetitive motion injuries, especially when they occur as part of one’s daily duties.
Common Types of Repetitive Motion Injuries
Arms and hands are the most common targets of repetitive motion injuries. While one might think these types of injuries are suffered only by those who perform physical labor as a career choice, these types of injuries also are suffered by those who work in offices or other non-physical roles. Here are descriptions of a couple of the most commonly occurring repetitive motion injuries.
- Tennis elbow does not only occur while playing tennis. Do not let the name fool you, this painful injury occurs as a result of overuse of the forearm muscles that are attached to the outer elbow by the connecting tendons. While it does plague those who play a lot of racquet sports, repetitive use of hammers, screwdrivers and other hand tools and cause the same injury.
The Aging Workforce and Job Injuries
At one time when an individual reached a certain age, often that age was 65, he or she would retire from the workforce, collect a pension, and move somewhere warm. However, as more and more people continue working into their 60s and even 70s, employers and workplace safety advocates have become aware that on-the-job safety has taken on new importance to protect an aging workforce from workplace injuries and accidents.
Age and Experience
Reports indicate that in 2010, workers age 55 or older represented more than 19 percent of the workforce and that is expected to increase to over 25 percent by the year 2020. Furthermore, by the year 2036, the number of “older” workers is expected to double. This anticipated increase is expected to affect drastically the cost of rehabilitation and compensation plans.
Additional findings show that between 2009 and 2013, one in five accepted claims for compensation of traumatic workplace injuries were filed by workers between the ages of 55 and 79 years old.
Workers’ Compensation Costs Higher in Illinois
Because there is virtually no federal role in workers’ compensation the payments and costs related to workplace injuries vary widely from state to state. In fact, a recent study showed that medical payments were as much as 24 percent higher in Illinois than the median cost in all other states.
What Is the Cause?
It is no secret that expenses related to insurance premiums and workers’ compensation expenses are factors that many employers weigh when considering whether or not to locate an operation in a particular state.
According to those who conducted the above-mentioned study, the Workers’ Compensation Research Institute, indicated that their numbers showed Illinois’ costs were higher due to prices for insurance coverage and medical services, and the increasing use of non-hospital providers, such as visits to Chiropractors.
Jobs with Highest Rate of Death and Injury
It is a known fact that simply by getting out of bed in the morning a person risks injury. The same can be said for those who leave the house to go to their jobs. While workers’ compensation laws are in place to protect employees who are injured on the job, the knowledge that some types of employment are far riskier than others does not stop people from seeking those dangerous jobs.
Careers That Come with Built-In Risk
Despite the knowledge that some jobs come with an inherent risk or history of high incident of injury or death, it does not dissuade some, for whatever reason, for seeking out and filling those job openings. Sometimes it is due to a family connection, sometimes out of sheer need, but whatever reason, there are individuals who willingly fill employment positions that expose them to risks of bodily harm.
- Fishing on open water poses a terrific threat due to what can be considered severe working conditions. Do not let TV shows that present an almost heroic picture convince you differently.
Wrongful Death Settlements
It is hard to imagine anything more distressful and heartbreaking than the sudden death of a loved one due to an accident or some kind of negligence. Pursuing a wrongful death suit often helps family members find some type of closure while requiring parties at fault to correct flaws in systems, procedures, manufacturing or other processes.
It Should Never Have Happened
When deaths occur due to accidents or some type of negligence, what everyone needs to realize is that these occurrences are not confined simply to the home or place of work. While wrongful deaths occur in these locations, recent news illustrates that tragedy can strike when one least expects it.
A wrongful death settlement reached recently involved the family of a Missouri teenager and a number of parties involved in the manufacturing and sales and distribution of a basketball goal, as well as an architect and contractor involved in the renovation of the gymnasium at a local elementary school.
When a Loved One Suffers a Catastrophic Injury
When a family member suffers a catastrophic injury the immediate reaction is often a mixture of grief and anger. This is especially true if incidents leading up to the injury include a number of unanswered questions. A recent news report illustrated how misunderstandings, miscommunication, and negligence can have tragic consequences.
Man Left Clinging to Life
An Illinois family has filed a lawsuit after a man was detained by Chicago police for what amounted to a clerical error, suffered a massive brain injury as a result of hanging while in police custody. The details of the case being reported are both sad and confusing.
- Police were called to a health clinic for a man allegedly making threats but allowed him to leave after he appeared to calm down. However, they arrested him a few minutes later after learning the man was wanted on a warrant for unpaid $25 fine on a misdemeanor traffic case.
Swan Attack Prompts Fatal Work Injury Lawsuit
No one ever goes to work and expects to die while on the job. Even those in high-risk occupations have a high expectation they will return home at the end of the day. Sometimes, however, seemingly safe occupations have tragic incidents, such as the drowning death of a man who was tending to swans on a pond in suburban Chicago.
Wife of Bird Tender Seeks Compensation
In 2012 a man drowned in a suburban pond when two swans he was checking on as part of his job attacked him. The attack caused the man’s kayak to overturn and he drowned when repeated attacks by the birds prevent him from swimming to shore. This is part of a wrongful death lawsuit filed late last year by the man’s wife. Among some of the details from the filing include the following:
- Named in the suit are two property management companies and the condo and homeowners association.
Courts Hear About Spectator Injuries
Every year millions of fans across the country flock to baseball games to watch their favorite team and players. Most of those fans long for the chance to take home a foul ball or broken bat as a souvenir. However, what is a fan’s recourse if they are injured by a ball that is thrown or hit into the stands or a piece of bat that splinters and flies into the seats?
Some Believe More Netting Is the Answer
Incidents that occurred at Major League Baseball games during the 2017 season that resulted in fans suffering injuries from foul balls, called attention to the inherent danger of attending live sporting events, as well as steps team and venue owners could take to better protect those in attendance.
- A man attending a Cubs game in Chicago was blinded when he was hit by a foul ball.
- In New York, a young girl was seriously injured when she was hit by a batted ball.
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