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Archive for the ‘work injuries’ tag

OSHA Mandates the Electronic Reporting of Work Injuries

May 14th, 2018 at 5:17 pm

DuPage County workers compensation attorneys, OSHA mandates, work injuries, workplace injury, unsafe work practicesThe Occupational Safety and Health Administration or OSHA recently introduced a new rule that requires work injuries from certain businesses to be reported electronically via a new online injury tracking application. Since these businesses have already been required to keep records, this rule will not completely change how they operate. However, it is important to be aware of who is affected by this rule, why it was established, and who it can benefit.

What Businesses are Affected?

The new electronic reporting rule is for businesses with 250 or more employees. It was intended for businesses in industries that are known for high rates of workplace injuries. These industries include:

  •         Construction;
  •         Hospitals;
  •         Manufacturing;
  •         Nursing homes;
  •         Transportation; and 
  •         Utilities.

The Purpose of the New Rule

OSHA enacted this rule to improve the safety of industries with a track record of many on the job of injuries. The electronic data they gather will help them study the injuries and illnesses that arise.

Studying these injuries and illnesses will allow them to find patterns that may lead to recurring problems, design methods that can prevent common injuries, and pinpoint and eliminate hazards before they lead to injuries.

How Employees Will Benefit From the New Rule

The new role will also benefit employees because it will encourage them to disclose unsafe work practices without having to worry about retaliation. Although retaliation is currently illegal, OSHA has implemented more rules to protect anyone who reports unsafe or illegal activities in the workplace.

The new rule states that businesses must notify their employees of their right to report injuries and illnesses without worrying about retaliation. It also directs them to provide easy reporting instructions so that every employee is clear on how to report.

How Businesses Feel About the New Rule

While some businesses are okay with the new rule, others are not happy. Since electronic reporting means that their reports will become public, they are worried that investors may refrain from choosing their business. In addition, they are concerned that electronic reporting can lead to negative public relations.

OSHA believes that electronic reporting will benefit businesses because it will motivate them to create a safer workplace in order to keep their public profile positive. If they are dedicated to gaining investors and employees as well as customers, they will likely do whatever they can to reduce injury risk.

Contact the DuPage County Workers’ Compensation Attorneys

If you are injured on the job or notice an unsafe working condition, contact our highly skilled DuPage County workers’ compensation attorneys. We will make sure your rights are protected and guide you through the claims process if necessary.

Source:

https://www.insurancejournal.com/news/national/2017/12/15/474462.htm

New Illinois Law: Employee Leasing Company Act

January 20th, 2017 at 11:24 am

Illinois workers comp attorney, Illinois workers compensation lawyerAs the new year begins, it brings a number of new laws to the state of Illinois. The governor has approved House Bill 6225 to be implemented at workplaces starting early January 2017. The new worker’s comp law allows small businesses or places or employment that partner with outsourcing companies to maintain its own worker’s compensation insurance. It is beneficial to understand that injured workers are entitled to workers compensation for medical their bills and lost wages.

What does this mean for me?

If you lease out your business or are a lessee of a business building, the owner of that building and the people leasing the building must have some sort of leasing arrangement between them regarding worker’s comp insurance. They will not have to worry about keeping certain records filed. Both may provide workers’ comp insurance coverage for under a leasing arrangement.

What steps are there to take for the lessee and lessor?

As soon as the person leasing provides workers’ compensation coverage for their leased employees under the employee leasing arrangement that they have created, the lessor can then notify the Department of Insurance to make sure that proper and timely notification of their coverage to the Department.

How does this affect Illinois workers compensation?

The update to Illinois law regarding workers’ compensation may affect how businesses can provide safety for their employees. There a many ways that an employee can be injured in a workers’ comp case and some may not even be aware of how to go about getting insurance or filing a claim. There could be times with job-related injuries are not as obvious as one may think. It is important to keep in mind that if an employee has a pre-existing injury that they can use workers’ comp as well. Whether the injury takes place at a construction accident or if you already have a developed a condition due to stress stressing, having workers’ comp insurance extremely beneficial to have.

If you or someone that you know has been injured on the job and is receiving workers’ comp and would like to learn more about the employee leasing company act that was recently implemented, please contact the experienced Chicago workers’ compensation attorneys at the Law Offices of Francis J. Discipio. If you wish to speak with someone please call 630-574-2288 or visit may visit our website as well for more information.

Sources:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=6225&GAID=13&SessionID=88&LegID=9576

 

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

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