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How Common Are Repetitive Motion Injuries in the Workplace?
There are many different kinds of injuries that an employee can experience while on the job. The severity of an injury often depends on the type of industry. In some cases, injuries are apparent and require immediate medical attention. With these types of injuries, it may be easy to prove that the workplace was the direct cause of the accident. However, certain work-related injuries can take weeks or months to present symptoms or fully manifest, making it more difficult for an individual to seek benefits. An example of this type of injury carpal tunnel syndrome, which is a common repetitive motion injury that affects a person’s hands and wrists. Most Illinois companies are required to carry workers’ compensation benefits for their employees in the event of a workplace accident. A skilled attorney can explain your options for seeking benefits by filing a workers’ compensation claim for this type of injury, whether you work in an office, a warehouse, or at a construction site.
Can Pre-Existing Conditions Affect Workers’ Compensation in Illinois?
Although most companies take steps to prevent workplace accidents, they can still occur regardless of the occupation. Depending on the circumstances, injuries can range from minor to life-threatening. According to the U.S. Bureau of Labor Statistics, approximately 5,250 employees died from a work-related injury in the United States in 2018. Workers’ compensation is a benefits system for workers who suffer work-related injuries or illnesses, paid by their employers.
The Illinois Workers Compensation Commission resolves disputes cases involving work-related injuries and illnesses between employees and employers. In certain scenarios, a worker may have a pre-existing medical ailment that can be aggravated by an injury at work. Pursuing a workers’ comp claim in these cases can be complicated, so it is important to have an experienced attorney assist you in completing the process.
What is the Workers’ Compensation Process in Illinois
When it comes to work accidents, they are treated (differently) than an injury that occurred at another private property. If a person slips in a grocery store and breaks their leg, they may be able to sue the store for negligence. When an employee is injured, instead of filing a personal injury lawsuit against their employer, workers’ compensation kicks in instead. Whether a workplace accident is caused by an employee or employer, the employee is eligible for benefits and unable to sue the employer. They may, however, sue any third-parties associated with the injury occurrence.
What Benefits Does Workers’ Compensation Provide?
Workers’ compensation is meant to help employees if they are injured on the job and cannot return to work, and/or require medical treatment. Any eligible employee has the right to file for workers’ compensation benefits, but they will not be granted for injuries that a basic first aid kit can cover. Depending on how long the employee needs to restrain from work, and their working abilities after an accident, they will be provided with a replacement wage. For any medical treatment required to heal the injury or illness caused by work, it will be at no cost to the employee.
Most Common Workplace Accidents
From office workers to construction workers, it is possible for any person at work to become injured on the job. Some of the reasons people need to file for workers’ compensation overlap despite being in different industries. Luckily, no matter how dangerous a job can be, most employees are covered by workers’ compensation.
What Is Workers’ Compensation?
No matter how large or small a business is, most employers are required to have workers’ compensation insurance. This provides protection to employees in the event they are injured as a result of conditions at work. Every employee is entitled to workers’ compensation benefits if they qualify for it. For example, an employee falling off a ladder and obtaining an injury that prevents them from working for a short period would likely qualify for workers’ compensation benefits. An employee who was recklessly engaged in drugs or alcohol while at work, and fell off a ladder, would likely not qualify for workers’ compensation. Workers’ compensation pays for missed wages as well as medical care as a result of a workplace accident.
Truck Accident Liability in Illinois
Motor vehicle accidents can cause serious consequences, from extensive car damage to severe injuries. When a car collides with a semi-truck, the aftermath can be devastating, even fatal to the occupants of the automobile. This is partly due to the massive size and weight of the truck compared to the car. The trucking industry is strictly regulated at the federal and state levels. The Federal Motor Carrier Safety Administration (FMCSA) puts in place several rules and regulations to govern the trucking industry. If these regulations are not adhered to, a truck accident can occur. Although many people may think the truck driver would automatically be at fault for causing the crash, in some cases, a trucking organization or company may also be found liable for negligent behavior or actions.
A Driver’s Reckless Actions
Illinois truck drivers must obtain a commercial driver’s license (CDL) in order to operate their big rigs. A truck driver should take reasonable care to drive safely when working and if he or she does not, the results may be deadly. Below are a few examples of reckless behavior behind the wheel that can cause a truck accident:
How Can CDL Violations Cause a Truck Accident in Illinois?
The trucking industry is an integral part of the United States economy. Trucks across the country transport essential products that consumers need, such as food, clothing, medicine, building materials, electronics, and more. In Illinois, a commercial driver's license (CDL) is required to operate these types of vehicles. This specialized license is obtained through education and training necessary for handling such a large vehicle. Drivers of commercial motor vehicles (CMV) must follow certain regulations governing their driving, which are issued by the Federal Motor Carrier Safety Administration (FMCSA). If a trucker does not adhere to proper procedures or protocol, these CDL violations can cause accidents with serious to life-threatening injuries.
What Constitutes a Violation?
Advancements in technology, such as computers, global positioning systems (GPS), satellites, and wireless/BlueTooth communication have been major contributions to the trucking industry. These improvements have significantly enhanced productivity, saving time for drivers and money for trucking companies, since cargo can often be delivered sooner rather than later. Despite the latest technological gadgets to make driving easier, motorists are still obligated to follow the rules of the road as well as any additional guidelines they might have, such as for CDL drivers. A few of the typical actions that can lead to a traffic violation that may endanger others on the road include:
Tips for Driving Safely Around Trucks
Truck accidents are serious and often fatal to drivers in passenger cars. In 2017, over 4,000 victims died as a result of truck accidents. Although truck drivers can face fatalities, other people on the road are much more likely to have fatal accidents. There are several reasons why a truck accident may happen that is the sole responsibility of the truck driver or company. We cannot control the driving of others, but taking precautions around trucks can save your life.
Truck drivers and their vehicles go through long stretches of work. If a vehicle is poorly maintained, it can cause an accident that is completely out of the driver’s control. There are work limits for truck drivers to help eliminate fatigue on the road. However, there are often pressures from companies to fulfill a shipment within required times. These are cases where the truck driver or company would be negligent, and if an accident happened, the fault would be on them. These tips will help prevent accidents altogether and may eliminate your responsibility.
When Is a Store Responsible for Your Slip and Fall?
In our firm’s 10 years of representing clients, one misconception that comes up regularly is that if you fall on someone else’s property, you have a viable lawsuit against them. This is not the law in Illinois, and slip and fall accidents can be much more difficult to prove.
The Deciding Factor on If You Can Recover Damages
Often the fact that determines if you have a case is if you can prove if the condition that caused your fall was known or should have been known to the property owner/occupier. In some cases, you can prove that the property owner knew about the dangerous condition and did not fix it. For example, you may be able to get video surveillance footage of a store employee mopping and not putting out warning signs.
More common, however, is that you can prove that a reasonable property owner should have been aware of the dangerous condition. For example, you may be able to secure the testimony of another customer who can testify to the fact that the dangerous condition had been present for weeks before your fall.
Slip and Falls in the Winter
Winter conditions make functioning daily more dangerous. Slips and falls are one of the most common accidents and they can result in a variety of injuries from scrapes and bruises to breaks and fractures. What is important in a lawsuit following a slip and fall is negligence on behalf of the property owner. This can be a business, private property, or public government property that you fall on.
What Is Negligence
Negligence is when a person could have done something about a situation, failed to do so, and a person got injured because of that failure. A couple examples of negligence are:
- A driver going significantly over the speed limit and gets in a car accident;
- An accidental overdose of medicine administered by a health provider; and
- A business not mopping up a spill and someone falls.
Steps to Take After a Slip and Fall
A slip and fall can happen anywhere. Whether on private property or in a business, a slip and fall caused by negligence can result in compensation for the injured party to cover medical expenses, suffering, or lost wages. Falls can result in a variety of injuries, and like a car accident, some injuries may not be obvious.
Negligence Explained: When it comes to a slip and fall, if the accident could have been prevented, a property or business owner may be negligent. They may not be aiming for someone to be injured, but it was their lack of action that makes them responsible. This may include wet floors or poor lighting. Even if a property owner was knowledgeable about the danger, they have a minimal obligation to post a warning or barrier. Negligence is a key factor in winning a slip and fall case.
After experiencing a slip and fall on someone else’s property, you may not know where to turn. It is important to act quickly for the statute of limitations in Illinois for slip and falls is only two years. Follow these guidelines for after experiencing a fall because of another’s negligence.
