Illinois Workers Compensation Lawyer Blog

The Illinois Workers' Compensation insurance compliance division collected record fines from employers operating without Workers' Compensation insurance. Fines collected totalled $1.8 million. All of the money collected will be used to provide benefits to injured workers employed by uninsured employers.

To understand the eligibility requirements to receive benefits check out the Injured Workers' Benefit Fund page at the Illinois Workers' Compensation Commission web site.

The Illinois Workers' Compensation Commission has developed a form to which all individuals claiming to be eligible for assistance, can fill out and sent to the Illinois Workers' Compensation Commssion:

ATTN: Injured Workers' Benefit Fund Claim
Division of Insurance Compliance
Illinois Workers' Compensation Commission
100 W. Randolph St. #8-200
Chicago, IL 60601

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The Illinois Workers’ Compensation Commission awarded 12 weeks of temporary total disability and $52,075 in medical expenses to an office worker who injured her wrist when she fell out of her chair at work.

An employee’s injury while sitting in her work chair and stretching her arms may be compensable, where the employee must spend her day seated at a desk to perform her duties and her employer encourages employees to perform ergonomic exercises to release tension.

The claimant was working in the defendant’s business support center when she fell out of her chair and injured her wrist. At the time of the accident, the claimant was stretching both arms over her head. The back of the chair released and went out from under her. She fell face down, injuring her right wrist. The chairs had casters, were adjustable, and were made of mesh backs and seats. The floor was carpeted in standard industrial, no-nap carpet. Prior to the accident, the defendant’s human resources department sent out and e-mail encouraging employees to stretch and do ergonomic exercises to release tension in the neck and shoulders. The claimant testified that the chair was not broken and there was no defect in the floor. The arbitrator awarded benefits, finding that the accident occurred as the claimant was performing acts she could reasonably be expected to perform, using equipment provided by the defendant. She was using the chair in a way the defended anticipated and even encouraged. The stretching exercises were meant to relieve tension in the neck and shoulders, making employees more comfortable and more productive. Therefore, the exercises were of benefit both to employees and the employer. As the claimant was required to spend her day seated at a desk answering the phone and using a computer, she was at an increased risk of injury. The chair was integrally related to the fulfillment of her work duties. Also, the arbitrator pointed out that because workers’ compensation is a no-fault system, the claimant was not required to prove that her chair was defective in order to be entitled to benefits. Upon review, the Commission affirmed and adopted the decision of the arbitrator

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The Illinois Supreme Court held that the Local Governmental and Governmental Employees Tort Immunity Act does not provide a local public entity with immunity from an employee’s claim of retaliatory discharge for exercising his workers’ compensation rights.

The Illinois Supreme Court reversed the appellate court’s decision dismissing a worker’s retaliatory discharge claim. The defendant, a park district, was not immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act.

The local government who retaliates against an injured worker who exercising his workers’ compensation rights does not have immunity under the Local Governmental and Governmental Employees Tort Immunity Act.

Continue reading " An injured worker’s retaliatory discharge claim isn’t block by governmental immunity " »

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The Illinois Workers’ Compensation Commission awarded 28-3/7 weeks of temporary total (TTD) disability and $19,596 in medical expenses, subject to the medical fee schedule, for an employee’s back injury sustained in a slip-and-fall accident at work.

When a food preparer is entering and exiting a refrigerated space while trying to meet her employer’s requirements and working in a busy, crowded environment, it’s reasonable to infer that the claimant is exposed to an increased risk of slipping at work.

The injured employee testified that she was walking out of a cooler at work when she slipped and fell, injuring her back. She stated that the area of the accident was busy and crowded and she did not know what she slipped on. Based on the claimant’s testimony, as supported by the medical records, the arbitrator found the claimant’s injuries arose out of and in the course of her employment and awarded benefits. The Commission clarified the temporary total disability and medical awards, and otherwise affirmed and adopted the decision of the arbitrator. A Commission majority noted that the record supported a reasonable inference that the claimant’s fall at work stemmed from a risk associated with her employment. The claimant’s job involved food preparation. Although she stated she did not know what caused her to slip, she indicated that “there were a lot of people that day,” that she was going in and out of the cooler, and that “they were ordering [her] to bring the food” before she fell. Based on this evidence, the Commission found it reasonable to infer that the claimant was exposed to an increased risk.

In a dissenting opinion, Commissioner Lindsay noted that the claimant did not know what caused her to slip or if anything was on the floor. The dissent noted that the presence of lots of people in the restaurant, as pointed out in the majority opinion, did not explain why she slipped. Without such explanation, the claimant failed to prove her injuries arose out of her employment

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A Chicago probationary police officer or recruit-in-training who has not yet been sworn in as a police officer and has not received the police powers and responsibilities entailed therein falls within the definition of an employee under Section 1(b)1 of the WCA. Therefore, the Commission has jurisdiction over the officer.

The Illinois Workers’ Compensation Commission reversed the arbitrator’s finding that Section 1(b)1 of the WCA precluded the claimant from recovery. The Commission determined that it had jurisdiction and found the claimant entitled to benefits for her accident while training as a police recruit

Continue reading " Illinois Workers’ Compensation Commission has jurisdiction over Chicago police recruit " »

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There is a provision in the Illinois Workers’ Compensation Act called the Exclusive Remedy Provision. This means that if an employee is injured while working, they do not have the right to recover damages from the employer other than what is provided for under Workers’ Compensation.

In a recent article published by the American Association for Justice, the possibility of a products liability claim within a workers compensation case is discussed. It emphasizes that “every workplace accident that involves a product should be reviewed to determine whether there is a potential products liability cause of action.”

For an injured worker this means that if they sustained an injury as a result of using a defective product, they may have a claim against the manufacturer, distributor or retailer responsible for the development, distribution and sale of the equipment.

If the technology exists that could make the product safer and the product is unreasonably dangerous, the design defect could make a company liable.

If a product does not work as the manufacturer intended, that could be an indication of a manufacturing defect. Additionally, if the product does not carry an ample warning about the possible danger of using the product, the user of the product is not protected during the use and the maker becomes liable.

Anytime a worker sustains an on-the-job injury as the result of using a product , a products liability case should be investigated.

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Anthony Sims, a former employee of Heidtman Steel Products, is claiming he was illegally terminated from his job after he sustained an on-the-job injury and filed for workers’ compensation benefits.

On May 13 Sims was working, when according to the complaint, he had an accident.

The suit states that the injury Anthony sims sustained left him unable to perform his work and he was and he was temporarily totally disabled for a period of time.”
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According to the suit, Mr Sims was allegedly discharged by Heidtman after applying for Workers’ Compensation benefits under the Illinois Workers' Compensation Act.

"With the full knowledge of the provisions of the Illinois Workers' Compensation Act as cited, the defendant herein knowingly, willfully, wantonly and with the callus disregard for the welfare and rights of the Plaintiff, discharged the Plaintiff from its employment by way of punishment for he continued pursuit of his rights under the Illinois Workers Compensation Act," the suit states.

Sims is claiming loss of past and future income and benefits, that he suffering mental and physical anguish, and has suffered from pain in the past which is expected to continue.

Sims is seeking $50,000, punitive damages of $50,000 and the costs of the suit.

In the lawsuit filed Aug. 22, Sims requested a 12-person jury. He is represented by Jon E. Rosenstengel of Bonifield and Rosenstengel in Belleville.

Under the Illinois Workers' Compensation Act it is unlawful for any employer or their Workers' Compensation insurance carrier to coerce, discriminate or retaliate against an injured worker for filing for Workers' Compensation benefits. If it can be proved that an employer fired or forced a resignation in retaliation for filing a workers' Compensation claim, the injured worker could file a civil lawsuit against his employer seeking monetary compensation for the firing.

If you believe you were fired in retaliation for filing a Workers' Compensation claim visit http://www.chicagolegalnet.com for a confidential case evaluation.

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Springfield, IL (CompNewsNetwork) - Chairman Ruth's resignation is effective at the close of business on October 2, 2008.

On September 4, Governor Blagojevich appointed Arbitrator Gerald Jutila to be Chairman of the Commission, effective October 3, 2008 to replace outgoing Chairman Ruth.

Arbitrator Jutila’s appointment was unanimous by the Workers' Compensation Advisory Board. The Advisory Board, which is a bipartisan board, now makes recommendations to the Governor on Commission appointments. The board is comprised of six representatives from the business community and six representatives from the labor community.

Before coming to the Commission in September 2004 as an arbitrator, Mr. Jutila, worked for 29 years in private practice as an attorney concentrating in workers' compensation. Mr. Jutila earned his BA degree in Political Science from the University of Minnesota and a J.D. degree from John Marshall Law School.

The remainder of Arbitrator Jutila’s 2008 docket will be handled by Arbitraor Lammie.

We wish Commissioner Jutila much success.

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A United Airlines Flight attendant’s act of taking her jacket off and putting it back on during a long, out-of-town delay between flights, is both reasonable and foreseeable conduct as a traveling employee. Therefore, an injury sustained while putting on her jacket arises out of and in the course of her employment.

A Commission majority awarded temporary total disability, permanent partial disability and medical expenses to an airlines employee who injured her shoulder while putting on her jacket in the employee lounge. The majority concluded that the claimant was a traveling employee, and that under the traveling employee analysis, she established that she sustained a compensable accident. The majority further found that the claimant’s condition was causally related to the accident.

A flight attendant’s act of taking her jacket off and putting it back on during a long, out-of-town delay between flights is both reasonable and forseeable conduct as a traveling employee. Therefore, an injury sustained while putting on her jacket as the conclusion of her delay arises out of and in the course of her employment.

Continue reading " A United Airlines Flight attendant is awarded benefits for dislocated shoulder " »

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Manuel Villagomez, 47, of the 5400 block South Christiana Ave., Chicago, died at Advocate Lutheran General Hospital in Park Ridge from injuries sustained after falling through the roof at a single story business located in the 100 block of East Oakton street. Mr. Villagomez was working with other men, when he fell head first through a hole in the roof, said Cmdr. Dan Niemann of the Des Plaines police department.

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Posted In: Workers Compensation

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