Rockford & Moline Personal Injury Lawyers

Iowa Ranks Number One for Workers' Compensation System

Margaret Embry — Mon, 31 Aug 2009 16:57:50 GMT

The 2009 State Report Card for Workers' Compensation was recently released and Iowa ranked Number 1, according to the Des Moines Register. This rank means that the state's system is the most effective system in the nation, as evaluated by the Work-Loss Data Institute in California. The Work-Loss Data Institute uses data provided through the U.S. Occupational Safety and Health Administration to rank states.

The ranking is based on incidence rates, cases missing work, median disability duration, delayed recovery rate and a key condition of low back strain through 2006.

Minnesota was ranked second and also received an A-plus grade. The bottom ranks went to Wyoming, Rhode Island and New York and Illinois received the lowest rank.

Originally posted at InjuryBoard by Margaret Embry

Illinois Man Charged With DUI In Fatal Crash

Chrissie Cole — Thu, 19 Feb 2009 15:59:00 GMT

An Illinois man has been extradited from Illinois to face charges stemming from a motorcycle accident last year that left a motorcyclist dead and the passenger without a leg.

James Laier was booked into Pinellas County Jail in Florida on charges of driving under the influence-manslaughter and DUI-serious bodily injury. His bail was set at $55,000.

On July 18, Laier tried to cross Ridge Road from Lakeside Road when his Chevrolet S-10 pickup collided with a 2007 Yamaha R6 sport motorcycle, Largo police said. The motorcyclist, John Prado, 21, of Clearwater, was killed, and his passenger, Heather Lynn Cook, lost at least one leg, said Sgt. George Edmiston of the Largo Police Department.

At the time of the accident, his blood-alcohol levels were 0.195 and 0.196. Florida drivers are presumed drunk at 0.08. Laier nor his passenger were seriously injured.

Laier was accused of beating his wife and charged with aggravated battery in McHenry County, Ill., prior to being extradited.

For more information on drunk driving accidents, please refer to our Help Center.

Originally posted at InjuryBoard by Chrissie Cole

Fewer Workplace Deaths in 2007

Nick Avgerinos — Fri, 05 Sep 2008 10:37:00 GMT

It was encouraging news for workers and companies as the Bureau of Labor Statistics (BLS) recently announced that in 2007, fewer workers were injured on the job. The AP reports that the number of workers killed on the job annually dropped to a historic low in 2007.

While the news of overall fatalities is a positive development, it was unfortunately the case that some areas of labor actually had increased worker deaths. These increases were most dramatic in the record number of workers who died from falls and with respect to the rate of homicides which saw an increase of 13%.

However, across the board, it seems that our nation’s workplaces are getting safer. Both the number of workplace deaths and the rate of fatal injuries were the lowest rates ever reported since such a census began in 1992. Labor secretary Elaine Chao attributes the lower rates as “evidence that the initiatives and programs to protect workers’ safety and health, designed by and implemented in this administration, are indeed working.” (For information about initiatives and programs, see the Occupational Health and Safety Administration (OSHA) website.)

To see the BLS report on workplace deaths, follow this link.

Originally posted at InjuryBoard by Nick Avgerinos

Back to School Safety Tips

Nick Avgerinos — Wed, 03 Sep 2008 10:32:00 GMT

Now that summer vacations are over, and children are returning to school, a safety reminder is always welcomed. The Consumer Product Safety Commission, (CPSC) has released a new guide of back to school safety reminders. While many of these are not groundbreaking, a yearly reminder is always a good idea to keep our children safe!

The report includes these tips:

CPSC approved bicycle helmets. For a guide of which helmets are approved or best for which activities, this link may be helpful.
Avoid Drawstrings. Hood or neck drawstrings can be a choking hazard, particularly on playground equipment.
For budding soccer stars, parents should make sure the goals are safe, as unsecured movable soccer goals can fall and injure or kill children.
Keep on top of recalled products through news sources and the CPSC’s website

Here are some other tips for back to school safety:

A child’s backpack should be well supported and not too heavy. It should have wide, padded shoulder straps, a padded back, and never weigh more than 10-20% of the student’s body weight.
Buckle up on the school bus if there are seat belts. If you school doesn’t provide seatbelts, encourage the school board to reconsider the minimal cost.

The following links may also be helpful: http://www.aap.org/advocacy/releases/augschool.cfm; http://www.rd.com/back-to-school-safety-tips/article11221.html; http://www.redcross.org/article/0,1072,0_276_5556,00.html; http://school.familyeducation.com/back-to-school/safety/37951.html

Originally posted at InjuryBoard by Nick Avgerinos

Where Can You Turn When Workers’ Compensation is not Enough?

Nick Avgerinos — Wed, 27 Aug 2008 10:21:00 GMT

If you are injured on the job, there is a section in the Illinois Workers’ Compensation Act called the Exclusive Remedy Provision. It provides that there is no common law or statutory right to recover damages from the employer other than workers’ compensation. A recently published article by the American Association for Justice in their Trial Journal publication, discusses the possibility of a products liability claim within a workers’ compensation case. It advocates, “every workplace accident that involves a product should be reviewed to determine whether there is a potential products liability cause of action.”

What does this mean for an injured worker? If the injury involved a defective product, the worker may have a claim against the manufacturers, distributors, or retailers responsible for their injury. Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.

What can make a company liable for a defective product? First, there could be a design defect. That is, if the product is unreasonably dangerous and technology exists that could be used to make the product safer. Or, there could be a manufacturing defect if the product does not work as it should or is not manufactured as it is intended to be. If the product does not have a sufficient warning about possible dangers, it could also be defective in its ability to protect the product’s user from injury.

In any case, if a worker is injured using a product, a products liability cause of action may be an important action to consider and possibly investigate. The theory behind a products liability claim is that by holding the manufacturers, distributors, or retailers responsible for producing a dangerous and defective product, industry standards will remain high.

Originally posted at InjuryBoard by Nick Avgerinos

Credit or Debit? Workers Comp for the 21st Century

Nick Avgerinos — Tue, 19 Aug 2008 11:12:25 GMT

These days, everything runs on plastic. In fact, that’s our nation’s problem. I’m not going to talk about the woes of our economy or engage in the credit vs. debit debate, though; there is a plethora of other blogs doing just that already. Believe it or not, this all relates to workers’ compensation.

JPMorgan did something interesting recently; it introduced a workers’ comp debit card. No, it’s not something that workers can hold and use at their discretion, whenever they’re feeling a bit sore. Rather, it’s a card that insurance companies can sign-up for in order to streamline payment processing for injured workers once a claim has been filed and acknowledged. JPMorgan is the first major financial institution to enable insurance companies to use prepaid debit cards to deliver workers compensation benefits to injured or disabled workers.

Beyond its benefit of reducing the paper trail for insurance companies, the card potentially represents two major benefits for injured workers. First, symbolically, companies are recognizing that these workers are involved in an arduous trade and injuries are bound to happen. By enrolling, companies are taking a step in the right direction, acknowledging that there is a problem and trying to streamline the solution. Second, it allows workers who have proved that their injury arose out of and in the course of employment to receive their payment more quickly and easily.

Injured workers are dealing with enough stressors, including learning to live with their new injuries and often adjusting work expectations. Waiting for a check to come in the mail or going to the bank to cash it are just extra to-do items. A workers’ comp debit card could take those items off the list. And it might not seem like a big deal, but it is. Anyone who remembers waiting for an employment check to come, hoping it makes it in time to pay this month’s rent, can relate to just how stressful waiting for a check can be. At a time when the last thing these injured individuals need is more stress, the debit card option comes as a great relief.

Less waiting means less stress. And having this type of streamlined system allows for quick enrollment into the card program as well as the ability to electronically deposit funds for quick access. Additionally, payments can be easily tracked, so there is documentation that injured individuals are receiving their payments on time. In short, it’s a way to make the whole payment process just a little more pleasant for people involved in a very unpleasant situation.

Only time will tell how widespread this process becomes, and whether other financial institutions will follow suit, but it certainly holds promise. It’s the little things that make a big difference when people are going through really tough times, and this could be a great opportunity for insurance companies to take a step in the right direction.

Originally posted at InjuryBoard by Nick Avgerinos

Hard to Call Slip-and-Fall: Workers’ Compensation for Working from Home?

Nick Avgerinos — Wed, 13 Aug 2008 09:35:00 GMT

Everyone’s talking about the struggle to fuel our nation: where to find the cheapest gas, techniques for getting the most out of your gas, what car to drive for the best mileage, etc. But some are taking it a step further; why pay for the fuel to get to work when you could choose to not pay for fuel at all.

While some companies are offering a 4-day work week with extended hours, others are giving employees the option to work from home. Telecommuting, already increasingly popular in our age of gadget gorging and emotion via email, has attracted a new branch of followers since gas prices hit $4 and continue to climb. Sure, everyone is announcing plans to harness wind energy and offer electric cars, but until these pie-in-the-sky dreams become affordable realities, working from home is one effective way to cope with money woes for those whose jobs are conducive to such labor.

But what if you’re injured “on the job” from home? It sounds oxymoronic, but it could easily happen nowadays. The same way that you could trip and fall moving from the copy room to your desk at the office, you might slip and fall on your trip from going to grab a file from your bookshelf to sitting down at your home computer. As anyone who works from home knows, just because you’re not at the office doesn’t mean you’re having a pajama party (not that working in one’s PJs isn’t an added bonus to the work-from-home routine). The point is that if you suffer an injury arising out of and in the course of your employment, your employer should compensate you.

Obviously, the particulars are going to be especially relevant in these cases. Did you happen to trip while carefully traversing the relatively clutter-free expanse of a home office; or were you juggling a latte, a personal call, and laptop while navigating your should-have-been-cleaned-two-weeks-ago apartment when you broke your arm after falling on top of one of your piles of clothes? It’s really the details that count here.

This sort of claim relates to the newest legal frontier: internet law. That means that many details are still sketchy. With more and more of us making the virtual commute, however, the color of work-from-home claims is slowly being added. I came across an interesting case involving an employee on his way back home (where he frequently worked) from an after-hours meeting with his supervisor. He was severely injured, involved in a car accident and then hit by another vehicle after stepping outside his car.

While one’s commute is generally not covered by workers’ compensation, two notable exceptions are the dual purpose doctrine and the mutual benefit doctrine. The ‘dual purpose doctrine’ allows that workers’ compensation covers an employee when her employment creates the necessity for travel, even if she is also serving some purpose of her own. The ‘mutual benefit doctrine,’ on the other hand, establishes that injuries suffered by the employee while she is performing some activity for the mutual benefit of herself and the employer is compensable when some advantage for the employer arises out of this activity.

The court in the Missouri case described above held that the plaintiff should be covered for his injuries because he was injured on his way from work, transporting documents that he needed to continue working at home. The court explained: "compensation for injuries while traveling home may be proper under the dual purpose doctrine when it can genuinely and not fictionally be said that the home has become part of the employment premises. In those circumstances, an employee fulfills a dual purpose by traveling home: the personal purpose of making a normal trip home, and the business purpose of reaching a second employment situs. An employee demonstrates this by showing a clear business use of the home at the end of the specific journey during which the accident occurred."

As you can see, technology is quickly changing the shape of our world. And that means changes to both work life and home life, and—for most of us—the blurry new intersection of the two. The case above illustrates that it’s the nature of our activity, rather than the location where we perform it, that categorizes our space for the future.

Originally posted at InjuryBoard by Nick Avgerinos

R U 4 Real? Possible Texting Ban Recognizes Danger of Technological Trances

Nick Avgerinos — Fri, 08 Aug 2008 10:47:00 GMT

We love to multi-task. And companies are responding with gadgets that allow us to do more things with less time. The biggest culprit for blurring the home-work divide: the Blackberry. But it’s not just professionals under the point-and-click spell; rather, kids are blurring the public-private divide with a constant stream of texts from friends.

Adults and kids have one thing in common, though; a resultant technological trance that makes them relatively oblivious to the tangible world. Our minds are busy engaging in virtual communication, but our bodies are thrashing about in the real world. The result: people ambling across streets without paying attention. Our eyes are all fixated on a screen. That means that they’re aimed downward. With our eyes turned downward and our feet (or vehicles) going forward, the potential for head-on collisions is apparent.

And now, Illinois lawmakers are taking note. As Chicago Tribune reported, Illinois General Assembly bill, HB 4520, was introduced by Rep. Ken Dunkin in January. He explained, “This legislation is not laughable. On the surface it's like, 'Oh wow, what is this?' But it's becoming more and more of a common problem with people haplessly crossing an intersection and almost killing themselves."

In fact, text-related injuries are more prevalent than you might think. The chief of emergency medicine at Northwestern Memorial Hospital, James Adams, confirms that it happens all the time right here in Chicago; he states, “We always see someone [who was] texting or calling, who would not have been in that accident had it not been for the phone.”

People are tripping over curbs, grates, and each other, tumbling to the ground. Apparently, we don’t consider the damage we can do by being an inattentive pedestrian. Perhaps it’s because we don’t need a license to walk. More likely, it’s because we don’t have the threat of rising insurance costs if we cause an accident. Newsflash: you’re still liable for your actions. And, although I haven’t heard about a text-walking lawsuit, it could certainly happen. With ever-evolving technology, we’re inventing new ways to injure ourselves; text-walking is a relatively recent development, but it’s everywhere. As Dr.Adams noted, "It's an emerging trend and one that has not anywhere near peaked."

In any case, if HB 4520 does pass, you’ll be slapped with a $25 fine and misdemeanor charge if you’re caught using a wireless device while crossing the street. Until then, avert your eyes from your favorite wireless device and try actually engaging with the world. Just think: multi-tasking is hardly productive if its leads to personal injury.

Originally posted at InjuryBoard by Nick Avgerinos

Worker Wellness: Offensive Approach to Safety Proves Worthwhile for Employers

Nick Avgerinos — Tue, 05 Aug 2008 11:47:00 GMT

Workers’ compensation is an inevitable issue for some companies. When your employees do certain motions day after day, year after year, it’s going to wear down their bodies. But maybe not; maybe it’s just a matter of proper maintenance. After all, we take our cars in regularly, with the cars that acquire more miles quickly being checked out more often. So why don’t we give the same treatment to our bodies?

Well, most of us just don’t have the time. And many of us sit at a desk all day, leaving our body parts more vulnerable to falling asleep than falling apart. But for those in jobs where arduous physical exertion is part of the job description, it makes sense that one’s body needs frequent tune-ups. One Nebraska company, Lincoln Industries, has taken matters into its own hands, instituting an independent wellness program.

In fact, the company employs 3 people devoted entirely to managing its workers’ wellness. Some of the perks: optional pre-shift stretching and on-site massages. Not bad, huh? The company also conducts annual blood, hearing, and vision screenings, and requires quarterly check-ups that measure weight, body fat, and flexibility. The workers are then given a fitness rating, ranging from ‘platinum’ to ‘non-medal.’ In order to achieve platinum status, the worker must be a non-smoker.

Although this might all seem a little ‘Big Brother’ to some people, it appears to benefit employers and employees alike. No one is forced to be healthier, but those interested in improving their fitness scores are helped along the way. The company offers classes on health and nutrition, as well as healthy snacks in its vending machines. They’ll also help with gym memberships and exercise equipment.

And what’s the payoff for the employer? Lower healthcare costs…a lot lower. As CNN reports, “The company pays less than $4,000 per employee, about half the regional average and a savings of more than $2 million. That makes the $400,000 Lincoln Industries spends each year on wellness a bargain.” And workers’ compensation claims have dropped, too; the company reports that increased fitness has pushed workers comp costs down from $500,000 five years ago to less than $10,000 thus far in 2008.

Let’s hope that this marks a trend toward smart employment practices, keeping business going well by keeping employees healthy and happy. And for those of us without vigilant employer programs, perhaps it can inspire us to take control of our own fitness regimens. From a legal standpoint, frequent check-ups are certainly helpful, not only for keeping your body in good shape, but for documenting the changes that your body undergoes over time. Causation is always a key issue in workers’ compensation claims. So, take care of yourself and don’t ignore your body’s signs of trouble. We may not need an oil change every 7,500 miles, but we do need to go see a doctor every so often.

Originally posted at InjuryBoard by Nick Avgerinos

Stay in Touch with the Cell Phone / Cancer Debate: 5 Tips to Limit Your Risk

Nick Avgerinos — Fri, 01 Aug 2008 11:34:00 GMT

With cell phones pressed to our ears, clipped to our belts, and putting email at our fingertips, it’s becoming hard to imagine life without them. And with our busy schedules, we don’t often take the time to consider whether that’s necessarily a good thing. Cell phone usage has exploded in the last decade, and while numerous studies have been done regarding possible health risks associated with cell phone use, the jury is still out, searching for more conclusive evidence.

The good news: most studies haven’t found any relationship between cell phones and cancer. The bad news: a new warning issued by the head of the University of Pittsburgh Cancer Institute suggests otherwise, based on unpublished data. The new warning emphasizes the danger of cell phone use among small children, explaining that it’s most dangerous for young ones because their brains are still developing. Many have called this new warning alarmist and premature, but it seems too soon to tell its merits.

Devra Lee Davis, the director of the university's center for environmental oncology puts the point well: “The question is, do you want to play Russian roulette with your brain?” Of course, the answer is no. And we certainly don’t want to expose our children to undue health risks. (Unrelated note to parents: this new warning also offers a concrete reason for refusing to indulge your child’s premature desire to procure a cell phone.)

So, if we’re going to be safe, rather than sorry, here are 5 useful tips provided by CNN:

1. Use the speakerphone

This was, without question, the favorite alternative of the experts I talked to. Nothing is near your head. "Hold it away from a minimum of a few inches. A foot or two is ideal," said Magda Havas, an associate professor with the Institute for Health Studies at Trent University in Ontario, Canada.

Havas gives me a little math lesson. Every inch you can get away from your body, the radiation reduces very quickly. "Hold it out two inches, and the radiation drops by a factor of four. Hold it out four inches, and it drops by a factor of 16," she says.

In other words, said Louis Slesin, editor of Microwave News, "every millimeter counts."

2. Use a wired headset with a ferrite bead

No, this is not a piece of jewelry. A ferrite bead is a clip you put on the wire of a headset. The concern is that the wire itself emits radiation into your ear. The bead is designed to absorb the radiation so you don't. They're inexpensive and available at stores or online.

These clips are a favorite of Slesin's. "It's the way to go," he said.

Another fan: Lawrie Challis, physicist and former chair of the Mobile Telecommunications and Health Research Programme, a government panel in Britain. "They did tests at the University of York and found that under even the worst conditions, if you use a ferrite bead, you can't even measure the radiation coming off the wire. This common device kills the radiation."

Of course, if the phone is in your pocket or clipped to your belt, all bets are off, because the phone itself will be radiating into your body. So if you're worried about radiation, keep the phone as far away as possible, and Challis adds to do your best to make sure the wire isn't touching your body.

3. Use a Bluetooth earpiece

A Bluetooth earpiece still has radiation, but it's at least 100 times less than the radiation you get when you hold a cell phone to your head, Havas says.

Our experts were split on which was better: a Bluetooth headset or a wired one. Israeli government recommendations issued this week specifically suggest a wire; Havas likes the Bluetooth. But even she says not to wear it when you're not talking; it still sends out a signal.

"Bluetooth is only whispering radiation into your ear. The problem is, some people wear it all the time," she says. "At the very least, switch it from ear to ear so you don't have too much exposure on one side."

Michael Foley, Ph.D., executive director of the Bluetooth Special Interest Group, says Bluetooth earpieces radiate 200 times less energy than cell phones. "There is no evidence that a Bluetooth headset has any adverse effects on its users," he said.

4. Use a "hollow tube" earpiece

It's just like a regular wired earpiece, except the last six inches or so -- the part next to your ear -- is a hollow tube. There's no wire under the plastic.

"You're getting the sound through the air. You're not dependent on radiofrequency waves," said Dr. David Carpenter, director of the Institute for Health and the Environment at the University of Albany.

Hollow tube earpieces can be purchased on several Web sites.

5. Get a phone with less radiation

Phone radiation is measured in specific absorption rate, or SAR. To look up the SAR for your phone, check this list on CNET.com.

You might think the experts mentioned above all use earpieces or a speakerphone. Not so. Several said they hold it right up to their heads because they use their cells so infrequently, they're not worried about radiation.

"I use it maybe once or twice a week, no more than 10 minutes," said Challis, the former head of the British committee that studied cell phones and radiation. "I use a land line whenever I can."

It's the exposure, day after day, year after year, that matters. As Challis, who's retired, puts it, "If I were younger, I'd take this much more seriously."

Only time will tell what research proves most accurate regarding the cell phone / cancer link. Until then, it’s a good idea to follow these tips: don’t put your safety on hold while we’re waiting for researchers to make the call.

Originally posted at InjuryBoard by Nick Avgerinos