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Archive for the ‘Workers compensation attorney’ 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/

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

Gas Explosions and Workers’ Comp

August 28th, 2017 at 12:31 pm

Chicago workers’ compensation attorneys, gas explosions, occupational incidents, deadly explosions, blast injuriesMultiple people were injured and one worker was killed during a Canton, Illinois gas explosion in the downtown district. Utility workers had been attempting to fix a gas leak that was caused by a contractor’s excavation, according to ABC7 Eyewitness News.

While the utility crews said they had turned off the gas, the explosion still caused devastation to homes and shops, as glass was blown out all over the area, showing how strong the explosion was. According to police chief Rick Nichols, “The impact of this blast was tremendous and that caused some serious, serious damage.”

One utility worker was killed and three were injured; two remained in the hospital for extended recovery. In total, 12 people were rushed to the hospital.

The National Transportation Safety Board opened an investigation, while engineers are methodically checking the integrity of the blast-affected buildings and structures before issuing repairs. Sadly, nothing can be done to take back the life of the fallen worker. His family, however, may be entitled to workers’ compensation death benefits to help with the financial damage of his passing, while the other injured workers will be covered by workers’ compensation to take care of their medical bills and cover part of their wages while they are out of work.

Explosions are Rare, but Deadly

According to the Bureau of Labor Statistics (BLS), in 2015, a total of 4,836 workers were killed during occupational incidents. Just 121 of those deaths were caused by fires or explosions, which shows how rare explosions typically are. However, when they do happen, severe injuries, and fatalities, often occur.

Types of Blast Injuries

The more energy released by the explosion and the closer the victim, the more serious the injury will likely be. There are four types of blast injuries, according to Medscape:

  • Primary blast injuries are caused by the direct blast pressure upon tissue;
  • Secondary blast injuries are caused by flying objects or shrapnel;
  • Tertiary blast injuries are caused by very high-energy explosions that cause the victim to fly through the air; and
  • Quaternary blast injuries account for all other types of explosions.

Specific injuries may include traumatic brain injury, broken bones, deep contusions, internal bleeding, lacerations, burns, loss of hearing, loss of eyesight, spinal cord damage, and more.

Contact a Workers’ Compensation Attorney at Once

Workers’ compensation is no-fault insurance to which employees are entitled. This means that you are eligible to receive benefits virtually immediately, regardless of an investigation or finger pointing by your employer. However, if your employer or your employer’s insurance carrier wishes to make it so, it can be very difficult to procure these benefits. Reach out to the dedicated Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio today for professional assistance with your case.

Sources:

http://abc7chicago.com/news/man-killed-in-canton-ill-gas-explosion-identified/1611711/

https://www.bls.gov/news.release/pdf/cfoi.pdf

http://emedicine.medscape.com/article/822587-overview

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