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Archive for the ‘Wrongful Death’ Category

Businesses Focus on Off-the-Job Safety as Part of Workers’ Compensation Education Efforts

December 6th, 2014 at 10:50 am

off-the-job safety, Illinois workers compensation lawyersWorkers’ compensation injuries have steadily been on the decline in Illinois over the past two decades. As of 2011, the Illinois Workers’ Compensation Commission reported 3,201 total injuries, a 66 percent drop compared with injuries calculated in 1990. This decrease in incidents has been credited to greater investments towards improved safety measures.

Businesses are now imposing off-the-job safety education for its employees as part of its overall safety culture and aim to decrease incidents of workers’ compensation. According to the National Safety Council (NSC), a rising number of organizations consider off-the-job safety an essential factor to help employees and their families. This educational focus provides extra attention to the management of health care costs, employee productivity, and company profits.

Statistics provided from the NSC reveal that U.S. workers are safer on the job than at home with home and community fatalities up 74 percent. These unintentional deaths can be attributed in large part to:

  • Drowning;
  • Falls;
  • Mechanical suffocation; and
  • poisoning.

The national cost for these types of off-the-job injuries and fatalities was at least $246.8 billion in 2007, which translates to $1,677 per U.S. worker. These costs includes:

  • Lost wages;
  • Medical and hospital bills; and
  • Insurance administrative expenses.

Costs and production time as a result of off-the-job injuries have resulted in a higher loss of work days from employees than compared to days lost for injuries in the workplace.

The Illinois Department of Labor provides free, confidential safety and health consultations to small and medium-sized businesses in an ongoing commitment to improving safety and health in the workplace. Providing education for employees both at work and at home helps increase safety measures and prevent accidents from occurring.

If you have experienced an on-the-job injury in Illinois, contact an experienced Illinois workers’ compensation attorney to discuss your legal options. Call the Law Offices of Francis J. Discipio at 630-574-2288 for a free consultation.

Unsafe work environment causes deadly fire in China

June 20th, 2013 at 8:36 am

A deadly fire killed 120 people at a poultry plant in China where the workplace safety agency blamed the negligence of government inspectors and factory managers for the poor working conditions.

Lucy Managers at the Jilin Baoyuanfeng Poultry Co. did not hold the required safety drills or educate workers on safety procedures according to Yang Dongliang, the State Administration of Work Safety head. He also reported that the safety exits were blocked at the time of the fire. Not only were the workers irresponsible, but the local government departments also failed to make proper inspections, said Yang.

These accusations about this industrial accident, which is the deadliest in five years, will most likely lead to many court cases involving government officials and high-ranked employees of the Poultry Co.

The cause of the fire has not officially been announced, but it is most likely to have been caused by and explosion that came from leaking ammonia. The fire began at a time when there were about 350 employees inside the building.

120 employees died, 77 were hospitalized due to injuries and another 17 were temporarily missing, although they were all found alive. Only one door was open for the employees to escape, and many were trampled by their fearful co-workers.

Employees’ families will most likely be compensated by the company for the loss of life and injuries of their family members.

Often times, workplace injuries do not occur in large incidents due to a massive wipe out of employees in a top news story. Just because employers are not put on the spot to correct poor and dangerous practices does not mean that workplace accidents do not happen or do not need to be corrected.

If you are the victim of workplace malpractice that has led to you becoming injured, contact a workers’ compensation attorney to file a claim. Attorneys at the Law Office of Francis J Discipio in Cook County, Ill. can help you today.

 

Photo courtesy of think4photop/FreeDigitalPhotos.com

Benefits for Workers’ Compensation may be the only option

February 27th, 2013 at 1:14 pm

LucyRecently, an Illinois Appellate Court decided to prevent a widow from suing her husband’s employer for negligence. This decision was based on the previous similar case Rodriguez v. Frankie’s Beef/Pasta & Catering. Allegedly, a Frankie’s employee, Jose Rodriguez, got into an argument with a co-worker and the two were sent home by the manager on duty. The following day, instead of reporting to work, the co-worker showed up and shot and killed Jose Rodriguez.

Mr. Rodriguez’s widow attempted to sue Frankie’s Beef/Pasta Catering, claiming that the restaurant was negligent in hiring the employee that killed her husband. The trial court, however, dismissed the lawsuit, stating that she cannot bring about a suit against an employer after the employer is already obligated to pay the workers’ compensation benefits.

Workers’ Compensation provides compensation to employees or their families after an employee has sustained an injury or has died at the workplace or in the course of employment.

According to Illinois’s workers’ compensation laws, employers are liable to damages due to accidental injuries or death sustained by an employee in the course of his or her employment, other than the compensation provided through the Workers’ Compensation Act.

After being turned down by the trial court, Ms. Rodriguez appealed the decision arguing that her husband’s death was not an accidental injury, stating the definition of accidental as “unexpected and unforeseeable.” Her argument was that because the manager sent the co-worker home after the altercation, his actions the following day were not accidental.

The appellate court also disagreed with Ms. Rodriguez and stated that there was no evidence to suggest that the employer knew, or expected, that the co-worker presented a threat to the safety of Mr. Rodriguez.

If you or someone you know has been injured or killed at work, contact the Law Offices of Francis J. Discipio to fight for your workers’ compensation. Located in DuPage County, these workers’ compensation attorneys can get you all that you deserve.

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