Posted on August 28, 2012 in Firm News

A farm employee, who injured himself in a fall caused by a gust of wind, was recently awarded workers' compensation benefits following a decision by the Illinois Workers' Compensation Commission (IWCC). The Torres v. Golden Oak Farms ruling may have implications for other agricultural employees and those who work outdoors.

The case involved a farm worker who was picking up trash outside, and placing the items in a garbage container. It was very windy outside, and while he was holding the garbage container a large gust of wind made him lose his balance. He lost grip of the container, and fell backwards onto his left arm. He injured both his shoulder and lumbar spine as a result of the fall.

The arbitrator did not agree with the farm's argument that the worker was not at any greater risk for injury than the general public. Since the worker was required to be outside and could not seek shelter away from the wind, the arbitrator found that the worker was subjected to a greater risk of injury than the general public. The Illinois Workers' Compensation Commission reviewed the arbitrator's decision and affirmed it.

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 Posted on August 23, 2012 in Articles

According to the National Highway Traffic Safety Administration (NHTSA), there were 13.5 percent more fatal traffic accidents in the U.S. during the first quarter of 2012 than during the same time frame in 2011. The number of fatalities jumped from 6,720 to 7,630 nationwide during Q1 of 2012. First quarter motor vehicle accident fatalities had been declining nationally since 2006, when there were 9,558 traffic deaths during the first three months of that year.

Illinois was no exception to the unfortunate upward trend. The Chicago Sun-Times reports a nine percent increase in Illinois traffic fatalities from the first quarter of 2011 to the first quarter of 2012. While the number of deaths in Illinois and across the nation is easy to ascertain, the reason for the increase is not quite so clear.

Potential Causes

While there are many theories attempting to explain the increase, none pinpoint a single cause for the uptick. The most widely held view is that though winter weather usually keeps first-quarter accidents low, warmer weather in January, February and March of 2012 enabled more drivers to get out on the road. Others speculate that the increase of cars on the road is a result of an improving economy. Either way, more cars on the road will inevitably result in more traffic accidents.

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 Posted on August 01, 2012 in Car Accidents

Several new laws may make Illinois roads safer. Four bills targeting traffic accidents were recently signed into law by Governor Quinn. The goal of the new laws is to reduce Illinois auto accidents caused by speeding and distracted driving.

"Julie's Law" prohibits judges from giving speeding offenders court supervision if they go in excess of 25 mph of the speed limit on local roads or 30 mph on highways. Court supervision permits speeders to avoid having violations listed on their record by paying a fine and sometimes also attending traffic school. Current law only prohibits court supervisions in cases where the driver exceeded the limit by 40 mph.

The law was named for a 17-year-old girl who was killed in a collision allegedly caused by a driver going 76 mph in a 40 mph zone. According to reports, the speeding driver had seven previous court supervisions due to excessive speeding.

The other three bills all place further restrictions on the use of cellphones while driving. Current law bans the use of cellphones in school and work zones. The new laws expand the restriction to roadwork zones and accident scenes. With regard to the accident scene prohibition, it bans drivers from using their cellphones within 500 feet of the scene of an accident where the flashing lights of emergency vehicles are displayed.

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 Posted on June 15, 2012 in Firm News

In a news release yesterday, the Occupational Safety and Health Administration (OSHA) cited Flex-N-Gate Corp, operating in Urbana as Guardian West, with multiple health and safety violations for failing to properly monitor workers' chemical exposure. Workers were exposed to various chemicals, including hydrochloric acid, sulfuric acid and nickel, working on electroplating tanks used at the company's facility for manufacturing bumpers.

Of the nine violations, four relate to failing to provide proper medical surveillance for those workers exposed to chromium and chromic acid while doing decorative plating. The other violations include: failing to monitor the time each employee was exposed to chromium, not providing adequate training relating to hazardous chemicals, failing maintain chromium free surfaces and not providing the information needed for proper medical exams. If the chemical exposure workers' experienced resulted in workplace injury or illness the workers may be eligible for workers compensation benefits.

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 Posted on June 12, 2012 in Articles

The Illinois Workers' Compensation system has undergone significant reforms in the past year. These included a decrease in payments made to healthcare providers who treat injured workers, the establishment of preferred provider programs and the pilot of a collective bargaining program for workers' compensation benefits. The state legislature is now debating two bills that may further change the benefits injured workers in Illinois are eligible to receive.

Illinois House Workers' Compensation Bill

Representative Dwight Kay (R-Glen Carbon) recently introduced H.B. 6145 in the Illinois House, which amends the Workers' Compensation Act. If passed, the bill would impact the eligibility of injured employees who have received benefits for prior injuries. The bill would require previous partial disability benefits to be subtracted from the amount awarded for a subsequent injury, as long as the subsequent injury impacts the same area of the body as the earlier injury.

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 Posted on June 04, 2012 in Articles

As the construction season gets underway the Illinois Department of Transportation (IDOT) and its partners kicked off the "Embrace the Orange" campaign. The initial launch coincided with National Work Zone Awareness Week during the last week of April. The goal of the campaign is to reduce motor vehicle accidents, injuries and fatalities in construction zones across Illinois.

Work zone accidents are a serious concern. On average, more than 7,000 such crashes occur annually in Illinois. Twenty-four people lost their lives due to construction zone accidents last year. These fatalities included motorists and construction workers, as well as one work zone pedestrian. Even though this represents the lowest number of deaths in several years, IDOT and other organizations participating in the campaign are committed to reducing it to zero.

The Illinois State Police Operational Services Commander explained, "Construction zones can become fatal zones if road safety precautions are not followed and the Illinois State Police is committed to an overall zero fatality goal that also includes work zone crashes."

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 Posted on May 03, 2012 in Firm News

As the weather begins to warm up, Illinois drivers will start seeing more motorcycles on the roads. Governor Pat Quinn has declared May as Motorcycle Safety Awareness Month in Illinois. The Illinois Department of Transportation (IDOT), working with other organizations, has launched the "Start Seeing Motorcycles" campaign to urge drivers to share the road with motorcyclists.

Motorcycle riders are almost 40 times more likely to die in the event of a motor vehicle accident compared to passenger car occupants, according to the National Highway Traffic Safety Administration (NHTSA). Last year there were 144 Illinois motorcycle accident fatalities. This accounts for 16 percent of the state's total fatalities.

Motorcycles comparatively small size makes them easier for motorists to overlook. Drivers are urged to proactively watch for motorcycles, especially when changing lanes or merging. Motorists should also give motorcycles a full lane, and increase their following distance when behind a motorcycle by three or four seconds. Motorcycles are able to stop more quickly than cars in dry conditions.

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 Posted on April 09, 2012 in Firm News

Despite last year's major overhaul of the Illinois workers' compensation system, lawmakers are continuing to push for further changes. Bills pending in both the House and Senate may further limit the awards injured workers in Illinois may receive.

A bill recently put forward in the Illinois House deals with the computation of benefits for workers with prior injuries. If an employee experiences a subsequent injury in the same area of the body the worker previously injured and received benefits for, H.B. 6145 would subtract the earlier partial disability calculations from the award to be paid out for the new injury.

A separate bill introduced in the Illinois Senate aims to further reduce the state's workers' compensation costs. If passed, S.B. 2521 would implement a number of changes to the workers' compensation system including barring idiopathic injuries, and requiring employees to see a workers' compensation physician from an employer's preferred provider program. Currently workers can opt out of their employer's preferred provider program, but disincentives discourage the practice.

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 Posted on March 20, 2012 in Car Accidents

Perhaps you have seen drivers using their phones as traffic inches by an accident scene. Drivers may be using their cellphones to call home and let their family know they will be late for dinner, or may be texting to let others know to avoid the area of the wreck. Unless drivers are calling to report an Illinois car accident to emergency personnel, however, using a cellphone near the scene of a crash may soon be banned.

In legislation that passed the Illinois House earlier this month, drivers would be barred from using their phones in a 500 foot radius of any emergency scene where warning lights are flashing. An exception allows drivers to call to report an emergency. The bill is sponsored by Rep. Jerry Costello (D-Smithtown).

The goal of the proposal is to reduce the chance that carless drivers will hit emergency responders or accident victims. Similar cellphone bans already exist for school and construction zones.

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 Posted on March 08, 2012 in Articles

In the last few years, the dangers of distracted driving have been highly publicized and resulted in a wave of new safety legislation intended to keep the roads safe. While distracted driving can involve any action that takes the driver's attention off of driving, including talking with passengers and eating and drinking, much legislation has focused on limiting the use of cell phones while behind the wheel.

According to one study, drivers are four times more likely to be involved in accidents serious enough to injure themselves when using a hand-held device such as a cell phone. Carnegie Mellon reports that drivers' brain activity associated with driving is reduced by 37 percent when using a cell phone while driving.

Distracted Driving Laws in Illinois

The Illinois Department of Transportation reports that more than 500 Illinois car accidents involved cell phone distraction in the first half of 2010, and this is with a law banning texting while driving. Because cell phones pose distractions to drivers beyond texting, new legislation has been introduced in Illinois to further limit drivers' use of cell phones.

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