Three Workers Injured on the Job in Cary

Three people were injured in a fire on March 6 at a paint manufacturing warehouse in northwest suburban Cary, according to a recent story in the Chicago Tribune. Police and firefighters arrived to the scene after reports of explosions and a fire. The firefighters extinguished the fire promptly. However, three workers were injured and had to be taken to local hospitals to be treated. Their injuries were not life-threatening, according to police.

Part of the warehouse was destroyed in the two explosions. The front of the building blew off and a small opening was created in the back. A hazardous materials team and a foam-dispensing unit were dispatched to the warehouse. Jim Hursh, an owner of a crane rental business near the warehouse, said “there was … major smoke coming out of the building.” After the second explosion, he saw a man with burns on his face.

The Occupational Safety and Health Administration will investigate the cause of the accident. Fire officials will also investigate what caused the explosions and the fire at the warehouse, police said.

If you or a family member has been injured at work, you are entitled to workers’ compensation. According to Illinois law, employers must compensate, for example, the payment of any medical expenses related to the injury, lost wages for the time the employee cannot work, and any long-term effects of an injury sustained at work.

It is in your best interests to contact a dedicated workers’ compensation lawyer as soon as possible after the injury. Don’t go through it alone. Contact a skilled workers’ comp attorney in Lake County, Illinois today.

Image courtesy of FreeDigitalPhotos.net

Supreme Court rules with Illinois Central in asbestos forum case

The Illinois Supreme Court held Friday that a Mississippi man’s asbestos lawsuit should not be heard in St. Clair County.

The state high court said that, “factors strongly favor dismissal of a Mississippi forum,” in a 5-1 ruling with one justice not participating, reversed the lower courts’ decision that denied Illinois Central Railroad Co.’s forum non-convenience motion.

In 2009, Walter Fennell sued the railroad company, claiming that he developed respiratory problems after he was exposed to asbestos and other toxic substances throughout his career with Illinois Central. Fennell was one of 85 plaintiffs in a similar suit that was brought up and dismissed three years eaerelier in Mississippi.

By denying Illinois Central’s forum motion, St. Clair County Circuit Judge Lloyd Cueto notes that the location of certain evidence, the area’s interest in asbestos, and a relatively open trial docket, all made St. Clair County a convenient forum.

Justice Charles Freeman wrote for the court that, “Without belaboring the point, the circuit failed to recognize several private and public interest factors in analysis.”

The majority of the court was made up by Justices Lloyd Karmeier, Mary Jane Theis, Rita Garman, and Ann Burke. Justice Robert Thomas did not participate in the decision and Chief Justice Thomas Kilbride dissented.

Freeman also pointed to Gulf Oil Corp. v. Gilbert, writing that some of the private interest factors courts should consider in a forum analysis includes ease of access to evidence, convenience of the parties, the possibility of viewing the premises, and the availability to secure attendance of witnesses, along with others.

He also added that relevant public interest factors include “administrative difficulties caused when litigation is handles on congested venues instead of being handled in its origin; the unfairness of imposing jury duty of residents of a community with no connection to the litigation; and the interest in having local controversies decided locally.”

The Illinois Trial Lawyers Association encouraged against adopting a bright-line rule it its own brief to the court, adding that there is already a multi-factor test in place to analyze forum non-convenience.

If you find yourself injured at the fault of someone else, you will not want your case to turn into something as pain-stakingly drawn out as this case. Contact Noonan, Perillo & Marks, LTD attorneys for a quick result. These personal injury attorneys can help you get the result you want without all of the extra hassle.

Chicago to Pay Over Six Million Dollars to Car Crash Victim

The city of Chicago has to pay $6.24 million to a victim of a car crash. Richard Chang suffered brain damage and permanent disability when a drunken city worker lost the control of his pickup truck and drove into a crowd on a Gold Coast sidewalk. Chang was pinned under the vehicle, and his wife was also injured in the crash. The driver of the truck, Dwight Washington, is serving a prison term after pleading guilty to four counts of aggravated DUI. The couple accused the city of Chicago of failing to supervise Washington well enough.

Chang, who is a computer scientist, can no longer return to work. It is likely that he will not achieve his previous level of independence because of the injuries to his brain. The treatment has cost Chang already almost $600,000.

Several other people were injured in the crash, and three more lawsuits are pending on behalf of four other victims. One of the victims was nanny Jennifer Anton. She was pushing a stroller with a baby girl when the drunken driver hit the crowd. She managed to get the baby out of harm’s way but was severely injured herself.

Washington’s blood-alcohol level was more than twice the legal limit, and an opened brandy bottle was found inside the vehicle.

Car accidents can result in devastating injuries and even fatalities. If you have been injured in a car accident that was caused by the negligence of the driver, you may be eligible for compensation. Contact a skilled car accident attorney in Lake County today.

Garage Door Tech Receives Settlement after Almost Three Years

The Professional Door Dealer reports that an Elmhurst worker was finally able to settle his lawsuit against the city after almost three years. Joshua Jaeger, age 26 at the time, was providing a service estimate for Elmhurst Public Works. It was reported that an employee used a forklift to position Jaeger to see the broken spring that needed to be fixed. When Jaeger stepped over to measure the spring, the platform broke, and he plummeted 16 feet down onto the concrete floor. From this fall, he sustained a fractured femur as well as an injury to his back. Jaeger was employed by his family’s company.

Jaeger received a record settlement for his injuries. The Jury Verdict Reporter reported that this award is a record high in DuPage County for a personal injury lawsuit involving an individual that was not medical in nature. He was awarded $1.86 million for losing the ability to earn as much money as he had been making, $1.3 million for the pain and suffering that the injury caused and $1 million was awarded for the fact that he will be in chronic pain for the rest of his life. The total award was just over $4 million. Jaeger is still able to work with his family business, but only in a sedentary position. He cannot climb ladders nor can he lift anything over 70 pounds.

Sustaining any type of injury because of an accident on the job can be stressful. The physical pain, the surmounting medical bills and the inability to earn an income makes it even harder. If you have been injured on the job, it is your right to have a solid, experienced and aggressive Illinois personal injury lawyer there on the job to represent your interests and make sure that you get the settlement that you deserve.

Work Injuries Caused by Third Party Negligence

An employee injured at work in Illinois is not required to prove negligence on the part of his/her employer,or other party,to be entitled to receive benefits under the Illinois Workers’ Compensation Act. However, it is quite common for an individual to sustain an injury on the job due to the negligence of a third party. In such cases, an employee can pursue both a claim for benefits under the Illinois Workers’ Compensation Act as well as a negligence (or common law) claim against the at-fault third party.

Common examples of work injuries resulting from third-party negligence include construction workers who sustain an injury on a job site where other contractors/subcontractors are working as well as those individuals involved in motor vehicle collisions while working. In these situations, the injured employee is entitled to pursue a workers’ compensation claim (against the employer/workers’ compensation insurance carrier) as well as a claim for negligence (against the at-fault third party).

The Illinois Workers’ Compensation Act provides the employer and/or it’s insurance carrier with a lien against any recovery made by the injured employee against the at-fault third party. The lien allows the workers’ compensation insurance carrier to be reimbursed 75% of all benefits that were paid as part of the workers’ compensation claim. Often times, the employees’ permanency claim is left open pending resolution of the third-party claim. When the third-party claim is resolved, a negotiation with the workers’ compensation insurance carrier can result in a total or partial waiver of the lien and, therefore, a greater benefit for the injured worker.

If you have been injured at work as a result of the negligence of a third party, or have questions regarding what benefits you may be entitled to, please contact Noonan, Perillo & Marks, Ltd. at (847) 244-0111 to discuss your claim.

Recent Changes To The Illinois Workers Compensation Act

The Illinois Legislature recently amended the Illinois Workers Compensation Act. The majority of the changes to the Act became effective as of September 1, 2011, and apply to any work accidents that occur after that date. Three specific changes to the Act will directly affect an injured workers’ permanency benefit.

First, Illinois will now utilize AMA guidelines as one of several factors used to determine the value of permanent partial disability. The guidelines will define, among other things, loss of range of motion, loss of strength and any other measurable information that may assist in determination of the nature and extent of the disability. In addition to the AMA guidelines, the Illinois Workers’ Compensation Commission will consider the injured employees’ occupation, age at the time of injury and future earning capacity in determining permanency.

The second change affecting permanency applies to all individuals with hand injuries and, in particular, those claiming carpel tunnel syndrome. Section 8(e)(9) of the Act has been amended to reduce the maximum number of weeks for a hand injury to 190 (from 205). Additionally, a permanency claim based on carpal tunnel syndrome will be capped at 15% loss of use of the hand (28.5 weeks). If the employee can show additional disability by “clear and convincing evidence” the employee can receive up to 30% loss of use of the hand (57 weeks).

Finally, an employee who has permanent restrictions as a result of the work injury and is unable to return to their prior employment will only be entitled to wage differential benefits until age 67, or five years from the date of the award, whichever is longer. This represents a significant change in the Act as the law previously allowed the injured employee to collect wage differential benefits for life.

If you have questions regarding the recent changes to the Illinois Workers’ Compensation Act or any aspect of your workers’ compensation claim please feel free to contact the attorneys at Noonan, Perillo & Marks, Ltd., at (847) 244-0111.

Benefits you are entitled to if you are injured at work.

Many employees injured in Illinois are unaware of their right to workers’ compensation benefits. While some employers begin providing benefits to workers injured on the job, they often do not inform them of their rights under the Illinois Workers’ Compensation Act and have no legal obligation to do so.
If you get hurt while in the course of your employment in Illinois, you are generally entitled to three benefits. The first benefit is that your employer’s workers compensation insurance carrier must pay for the cost of medical care that is both reasonable and necessary to treat the injuries sustained on the job. Illinois law requires that most every employer in the state obtain workers’ compensation insurance and an employer who knowingly fails to do so is guilty of a Class 4 felony. An employer who fails to maintain workers’ compensation insurance coverage can be subject to criminal charges and a significant fine levied by the Illinois Attorney General’s Office.
The second benefit to which injured employees are entitled is known as temporary total disability, or TTD. An employee is entitled to TTD if their treating physician indicates they are unable to return to work while receiving medical treatment for the injury sustained on the job. Temporary total disability is paid at 66% of the employee’s average weekly wage. If the employee’s physician states that he or she can return to work with restrictions, or can perform “light duty,” the employer must provide a job to the injured worker within the stated restrictions. If the employer does not have a job for the employee within these restrictions, the employee is entitled to collect TTD benefits.
Once an injured worker reaches maximum medical improvement, or “MMI,” the employee is entitled to a permanency award under the Illinois Workers’ Compensation Act. Generally speaking, this is the third and final benefit. An award of permanency is very much based on a formula and depends on what part of the body the employee has injured. The Illinois Workers’ Compensation Act assigns various weekly values to different body parts (i.e. arm, leg, hand, foot, etc.). The number of weeks to which the employee is entitled is negotiable and depends on the nature, extent and permanency of the injury. The weekly value is then multiplied by 60% of the employee’s average weekly wage to determine the amount of the permanency benefit. This is the most common way an employee is compensated for permanency and is known as a scheduled injury.
The Illinois Workers’ Compensation Act provides for other ways in which an employee can be compensated for the permanent nature of their injury. These situations would include those in which an employee is considered permanently and totally disabled and unable to return to any employment as well as those situations where an employee, at the conclusion of medical treatment, has permanent restrictions that prevent the employee from returning to their prior employment.
If you have been injured while working in the State of Illinois and want to insure that you receive all the benefits provided by the Illinois Workers’ Compensation Act please call us at (847) 244-0111.