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Archive for the ‘Workers Comp’ Category

Can Uber Drivers Get Workers’ Compensation?

November 14th, 2017 at 6:44 pm

DuPage County workers' compensation attorney, Uber drivers, workers compensation, workers’ compensation coverage, workers’ compensation benefitsUber and Lyft are two large, and quickly growing, transportation companies that operate primarily with part time or contract workers. What has made these two companies grow so quickly and take over the jobs of thousands of taxi drivers and other conventional transportation companies? Convenience plays a large role, but so too does cost. And one of the main ways Uber and Lyft keep their costs down is because they are not required to provide workers’ compensation coverage, or any benefits at all, to their employees, who are actually classified as part time contract workers.

But as ride sharing—or ride sourcing—grows, will the laws transform to meet the demand of hundreds of thousands of Uber drivers in this new “gig” economy? If you were injured while driving on the job for Uber or Lyft, you may have options by contacting a workers’ compensation attorney for help.

Class Action Lawsuits Bring Results for Uber Drivers, Narrow Wide Gap Between Part Time Contractor and Employee with Benefits

Uber has come under fire from thousands of its part time contractors, who wish to be considered employees and benefit from the insurance that comes with that title. Uber employs 600,000 people across the country, according to The New York Times.

Recently, a federal judge in North Carolina gave the “okay” for initial steps for giving Uber drivers the status of employees. There are 18,000 Uber employees who opted out of arbitration, meaning that they have the right to sue Uber, who will be crucial to the class action lawsuit, which is being brought under the Fair Labor Standards Act.

According to one of the lawyers working on the case, “The ruling today is going to allow drivers across the country to band together to challenge Uber’s misclassification of them. They are employees and should be getting minimum wage and overtime as required by federal law.”

Not only would Uber drivers be given minimum wage and other benefits, including overtime, if they were considered employees, but they would be entitled to workers’ compensation as well.

There Are Options to Take Today

Uber and Lyft drivers face many dangers while out driving, according to Wired, including verbal abuse, physical violence, and, of course, the ever present threat of being involved in a car collision or being hit by a drunk driver during the midnight hours.

While Uber and Lyft do not have to offer workers’ compensation benefits to their injured drivers, you may still be able to seek a settlement or even file a lawsuit against one of the companies if you are seriously injured on the road. The first step is to reach out to a passionate DuPage County workers’ compensation attorney at our office for help.

Sources:

https://www.nytimes.com/2017/07/12/business/uber-drivers-class-action.html

https://www.wired.com/2016/03/uber-lyft-can-much-keep-drivers-safe/

Occupational Truck Accident Injuries

October 25th, 2017 at 7:04 pm

DuPage County workers' compensation attorney, occupational truck accident, occupational truck accident injuries, occupational injury, dangerous occupationsThis summer, a Chicago man, who was set to retire in just two months, was crushed to death by a concrete truck while working on it, according to WGN 9 News. The mechanic was told that the booster of the cement truck was locked.

The booster is the wheeled-section at the back of a cement truck, which is normally seen in the upright mode during transportation. The booster fell when he was working on the truck, killing him. According to the man’s son, time and time again he allegedly said that “someday this job will kill me.”

Communication Errors

While the occupation of truck driver is, of course, dangerous, so too are the jobs of the people who provide maintenance and loading of trucks, and everyone who works around trucks. One of the most common causes of injury or fatality is during backing up. This is typically caused by miscommunication. While one employee may be buckling down a strap, moving an object onto or off of the truck, using a forklift, or attending to some sort of maintenance, the driver of the truck begins to back up, or move forwards, causing the other worker to be crushed or pinned in between the truck and another object.

Just recently, a worker was taken to the hospital in extremely critical condition in Effingham, Illinois, when he was pinned between a semi-trailer and another object at Pinnacle Foods, according to Effingham Daily News. Pinnacle Foods is a warehouse operation that distributes food products including Duncan Hines, Log Cabin, and Mrs. Butterworth. This is the second incident of this particular employer in the same year. In February, an employee was pinned between a forklift and racking equipment.

Caught-In Hazards

According to the Occupational Safety and Health Administration (OSHA), caught-in hazards are one of the leading causes of construction fatalities. Caught-in hazards include getting pinned between falling objects such as machinery, equipment, merchandise or products, collapsing walls or beams, and, of course, trucks and other vehicles. Nearly 300 workers die each year from caught-in accidents.

Contact an Attorney Today for Help with Your Workers’ Compensation Case

Whether your employer was at fault or not, if you were struck by a truck, pinned, or were the victim of another type of caught-in accident, you deserve to be swiftly awarded workers’ compensation.

Contact a dedicated DuPage County workers’ compensation attorney at our office today. We will advocate aggressively on your behalf to help you recover the compensation to which you are rightfully entitled.

Sources:

https://www.osha.gov/dte/grant_materials/fy08/sh-17792-08/caught_in_english_r6.pdf

http://www.effinghamdailynews.com/news/local_news/worker-critically-injured-after-being-pinned-by-semitrailer/article_46d34910-4ae0-11e7-b92b-e763b1a267ed.html

http://wgntv.com/2017/05/25/man-crushed-to-death-by-truck-at-work/

Lawn Mower Accidents

September 14th, 2017 at 9:05 am

Chicago workers’ compensation attorney, lawn mower accidents, amputations, lacerations, maintenance employeeIn just a span of six weeks, two Chicago-area workers were killed in lawn mower accidents. One of the workers, who was employed at the Hanover Park Public Works Department as a water treatment operator, became pinned underneath a large lawn mower in a pool of water, drowning to death. The other worker was a maintenance employee at a suburban country club. While riding the mower, trimming grass on an incline, the mower tipped over and crushed him to death. The cause of death was traumatic asphyxiation and blunt force trauma, according to CBS Chicago.

These tragic stories serve to remind all of us that large machinery always poses a threat to the workers who use it, and large riding lawn mowers are dangerous no matter how much experience and no matter how many years you have been on the job. Both men were well into middle age, and the former had worked for his employer for more than 19 years.

Common Lawn and Landscaping Maintenance Injuries

Lawn mower accidents cause more than 80,000 people every year to visit the emergency department, according to ABC News. While the majority of those victims are homeowners and their children, even experienced professionals are prone to serious injury and amputation.

Most injuries and fatalities caused by push lawn mowers are lacerations caused by blades. The most common areas of injury are to the hands, feet, and limbs. Burn injuries also happen frequently from overheating engines and fires started by malfunctioning mowers or sparks that set off grass fires.

Riding lawn mowers are fast, efficient, and help landscapers maintain their energy by keeping them off their feet. However, riding mowers, just like push mowers, are incredibly dangerous when not used properly, when not enough training was given to the employee, when the mower is not well-maintained, or when the terrain is less than flat, which is most of the time.

In addition to amputation and lacerations injuries caused by blades, riding lawn mowers present a serious hazard of rolling over and crushing the worker.

Workers’ Compensation for Injuries and Amputations

If you suffer any type of injury from a lawn mower while on the job, you are eligible for workers’ compensation through your employer’s insurance provider. Benefits include medical and wage replacement. If you were amputated, you can receive compensation for your lost finger, toe, hand, or limb by contacting an Illinois workers’ compensation attorney.

Call a Chicago Workers’ Compensation Lawyer

Whether you were injured on the job by a lawn mower or other machinery or tool, do not hesitate to contact the passionate Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio today to ensure that you receive the full workers’ compensation benefits that you deserve. We are eager to assist you throughout each step of your case.

Sources:

http://chicago.cbslocal.com/2017/05/15/maintenance-worker-crushed-killed-by-lawn-mower-in-northbrook/

http://abcnews.go.com/US/lawn-mower-injury-alert/story?id=32059032

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