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Archive for October, 2015

Challenges With Repetitive Trauma Injuries and Illinois Workers’ Compensation Claims

October 22nd, 2015 at 3:02 pm

repetitive trauma, work comp, Illinois Workers' Compensation AttorneyWorkers’ compensation can be claimed for repetitive trauma injuries and not just for major injuries that occur in a single accident. The law in Illinois presents some challenges for people trying to file workers’ compensation claims based on these injuries. The issues include knowing what types of injuries are covered, and presenting the claim so it meets the requirements of state law.

Types of Injuries

Frequent and repeated motions or movements over a period of time cause repetitive trauma injuries. These injuries are common in jobs that require the same parts of the body are doing the exact same motion day after day.

Construction jobs where heavy vibrating power tools must be used frequently often cause repetitive trauma injuries. Another common cause is jobs that require a lot of typing on a keyboard.

Some typical types of repetitive trauma injuries include:

  • Carpal Tunnel Syndrome
  • Rotator Cuff Injuries
  • Herniated Disks
  • Cubital Tunnel
  • De Quevain’s Syndrome
  • Tendonitis

What You Have to Prove

While each claim is unique, under Illinois law, every workers’ compensation claim must show a date of injury, that the claim was timely filed, and that the injury was work related. Claims may also have other requirements to be successful. The date of injury and the showing the injury is work related can sometimes be a challenge in repetitive trauma injuries.

Date of Injury

For many injuries, determining the date of injury is easy. When did the accident happen that caused the injury. But, repetitive trauma injuries happen over a period of time and cause the gradual deterioration of different parts of the body. Under the current law, a claimant with a repetitive trauma injury should notify their employer as soon as they learn that their injury or pain is work related.

The law has become more flexible than it once was in finding the date of a repetitive trauma injury, but the sooner you notify your employer the better. If you have any questions about reporting to an employer or your workers’ compensation rights, you should contact a lawyer right away. Time is of the essence.

Work Related

Just like with the date of an injury, for many workers’ compensation cases showing the injury is work related is simple. But, some repetitive trauma injuries are from pre-existing injuries or are aggravated by work and by actions of the employee when they are at home.

The law in this area can be complex and will depend heavily on the facts of each individual claim.

If you have been hurt on the job, don’t risk making a mistake, Contact an experienced DuPage County workers’ compensation attorney right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation.

 

Source:

http://www.iwcc.il.gov/act.pdf

5 Common Causes of Scaffolding Accidents

October 7th, 2015 at 10:05 am

scaffold, workers' compensation, Chicago workers' compensation attorneyScaffold accidents are among the leading causes of injuries in the construction industry. According to the Department of Labor, at least 65 percent of the country’s 2.3 million construction workers make use of these platforms. Of those injured in scaffold accidents, 72 percent attributed the incident to a malfunction in the support or planking, the worker slipping, or an injury due to a falling object.

The most common causes of scaffolding accidents are:

  1.       Jumping on scaffolding;
  2.       Improper use of scaffolding;
  3.       Damaged scaffold parts;
  4.       Poor installation of the scaffold; and
  5.       Improper construction of the scaffold.

Previous Cases

In 2014, three construction workers were injured in Illinois when the scaffolding they were working on collapsed, sending them plummeting down two stories. When OSHA inspected the accident, the organization found that the planks used as part of the scaffolding were not strong enough to support the weight of the workers. OSHA fined the company $294,500.

In addition to the construction company, a third party may also be considered responsible for a scaffolding accident under the OSH Act. According to inspectors, the third party – a second company linked to the construction company – had enough control over the primary company’s practices to be responsible for the safety of its workers.

Who Is Liable for Your Injuries Following a Scaffold Accident?

If you were injured during a scaffold accident while on the job, you are entitled to seek out workers’ compensation benefits through your employer’s insurance company. Additionally, if the scaffolding was poorly installed by a third-party or constructed using damaged parts, you may also have a personal-injury claim against the liable party.

If you have been injured in a scaffold accident, then you should call a Chicago workers’ compensation lawyer as soon as possible. Our team will evaluate your case and determine if pursuing a workers’ compensation claim is in your best interests. Mr. Discipio of the Law Offices of Francis J. Discipio has access to a network of medical professionals, as well as the knowledge and resources to find success in court. Call 630-574-2288 to schedule a consultation.

 

Source:

https://www.osha.gov/SLTC/scaffolding/construction.html

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