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In November, the nation’s Occupational Safety and Health Administration (OSHA) issued nearly $200,000 in proposed penalties to Chicago-based American Masonry Inc. for allegedly exposing employees to lead dust. Seven purported violations were uncovered when an OSHA investigator inspected a commercial building site in the City of Chicago. According to OSHA Regional Administrator Nick Walters, the masonry repair company knowingly placed workers at risk when it ignored health and safety regulations and exposed employees to excessive levels of lead when they sandblasted a building. Lead exposure is reportedly associated with a number of illnesses as well as neurological damage.

The violations allegedly committed by American Masonry include lack of a written lead compliance program, failure to provide facilities that would prevent lead contamination of a worker’s street clothes, failure to remove dangerous lead dust from the building site, and failure to implement a respirator or medical surveillance program. All of the citations issued to the company were allegedly willful. A willful violation occurs when an employer intentionally disregards legal requirements or operates with plain indifference to employee health and safety.

OSHA investigators normally monitor the health and safety conditions employees in Illinois and throughout the country face in the workplace. The Occupational Safety and Health Act of 1970 created OSHA in order to reduce the number of serious workplace injuries and fatalities across the nation. Provisions of the Act require that all employers comply with a number of safety-related mandates. In addition, employees must be provided with safety hazard training. When an OSHA investigator determines that an employer has failed to adhere to the requirements of the Act, the agency may issue various levels of violations. Fines and remediation of any safety hazards may also be required.

Although most workplace accidents are subject to Illinois workers’ compensation laws, an employee who is injured or dies as a result of the actions of a third party may be entitled to additional compensation. Regardless, an individual who was hurt in an accident at an Illinois workplace is entitled to receive disability pay, medical reimbursement, and compensation for any injury that resulted from the incident. If you or someone you love was harmed in an accident at work, you should discuss your case with a skilled personal injury lawyer as soon as you are able.
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Due to a reported $9.6 million budget shortfall, the Illinois Department of Financial and Professional Regulation recently laid off 18 of the organization’s 26 medical investigators and regulatory staff. According to department officials, the move will have a dramatic effect on medical licensing and physician disciplinary matters throughout Illinois. Organization spokesperson Sue Hofer, said the remaining eight positions will include one licensing position, two to three investigators, one medical coordinator and more than one attorney. She added that the decreased staffing levels will reportedly result in delays of at least one year for all new and reissued Illinois medical licenses.

A professional licensing backlog may only serve to increase criticism of the organization. In 2012, four full-time staff and a number of temporary workers allegedly processed more than 2,300 temporary medical licenses for new physicians. In addition, Illinois doctors are required to renew their medical licenses every three years. An estimated 46,000 physicians will be required to renew their professional license by July 2014. New doctors and individuals who move to the state will likely be affected sooner.

Many in the medical community are alarmed by the staffing cuts. Dr. Sidney Wolfe, a national consumer advocate, said the cuts pose a danger to the health and safety of Illinois residents because they greatly reduced the state’s ability to investigate and police medical professionals. In addition, some hospitals expressed concern regarding the effect the cuts would have on their own staffing levels. According to Dr. Joshua Goldstein, Associate Dean for Graduate Medical Education at Northwestern University, both training programs and patient care will be impacted if new residents are unable to secure their medical licenses in a timely fashion.

Hofer said the staffing headaches will also have an effect on the department’s ability to investigate and prosecute complaints regarding substandard physician care. The organization has come under attack in recent years for failing to adequately discipline Illinois doctors. In 2010, the Chicago Tribune reportedly uncovered at least 16 convicted sex offenders who held a valid Illinois medical license. Although new legislation requires that all health care workers who are convicted of certain crimes permanently lose their medical license and established additional requirements aimed at doctors accused of harming patients, Hofer said funding cuts make complying with the law difficult.

Medical malpractice occurs when a physician or other health care professional fails to provide a patient with the prevailing standard of medical care. Medical malpractice may also result when doctor fails to properly diagnose or treat a medical condition. If you were hurt after you received negligent medical care, you should contact a skilled medical malpractice lawyer.
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Last year, 48 pedestrians and eight bicyclists were reportedly killed by motorists in Chicago. According to the Chicago Police Department, the number of pedestrians killed in 2012 was the highest in four years. Additionally, the number of fatal bicycle wrecks in Chicago allegedly rose by 38 percent between 2001 and 2011. Sadly, 23 of the 48 pedestrians and one of the eight bicyclists killed in 2012 reportedly died in a hit-and-run accident. Police said August was the most dangerous month for individuals traveling by foot in Chicago.

Some believe the increase in fatal Chicago pedestrian accidents was the result of milder temperatures. Others reportedly feel that drivers across the metro are more distracted than ever. Regardless, 2012 Chicago pedestrian accident statistics allegedly coincided with a nationwide increase in all types of fatal traffic wrecks. Data collected by the National Highway Traffic Safety Administration found that traffic deaths during the first nine months of the year were up 7.1 percent over the same time period in 2011. This was purportedly the largest spike in more than 35 years.

Chicago Department of Transportation Spokesperson Pete Scales said the high number of pedestrian and bicyclist deaths throughout the city last year was unacceptable. He added that the city unveiled a new pedestrian plan designed to increase the safety of those traveling on foot and by bicycle in 2012. New safety initiatives reportedly include increasing the number of protected bicycle lanes, implementing automated speed limit enforcement technology, and increasing the police presence at locations where crashes frequently occur.

Each year, nearly 6,000 pedestrians are involved in an accident with a motorist throughout the State of Illinois. Although a pedestrian may be struck by a vehicle anywhere, the bulk of such accidents occur on city streets. Regrettably, most pedestrian accidents result in some type of injury. In 2011, more than 100 pedestrians were killed in an accident with a motor vehicle throughout Illinois.

There is normally a lot of pedestrian traffic in the City of Chicago. Commuters, taxi drivers, and tourists often share the city’s intersections with individuals who are walking to public transit or other destinations. If you were hit by a Chicago driver while crossing the street, you may be entitled to receive compensation for any injuries you suffered. Pedestrian accident victims may be eligible to recover for their medical costs, lost wages and benefits, pain and suffering, and other damages. A skilled pedestrian accident lawyer can discuss your options for recovery with you in more detail.
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Many people do not realize that insurance companies often utilize claims software when evaluating a potential accident settlement. Claims agents at a number of insurance companies reportedly use a software program called Colossus to assess bodily-injury payments. Motor vehicle insurers like Allstate claim the software program allows injured customers to receive fair payments in a timely manner. According to a former claims project manager for Allstate, Mark Romano, the computer program may be easily manipulated in order to provide lower bodily-injury payments to consumers.

Colossus was reportedly designed to aggregate bodily-injury claims based on severity to determine an appropriate settlement range. Those ranges are allegedly created following a benchmarking session during which past claims payments are evaluated and entered into the program. In a June 2012 report entitled “Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims,” Romano claims the most expensive injury claims are often omitted from Allstate’s calculations in order to manipulate the software into producing lower settlement offers. According to Romano, such manipulation results in a settlement range that begins about 20 percent lower than the actual value of an injury claim. Romano also stated that many Allstate claims adjusters are encouraged to find that anyone who makes a bodily-injury claim is somehow negligent in an effort to reduce their settlement payment.

In 2005, a number of class-action lawsuits were filed against automobile insurers and Computer Sciences Corporation, the creator of the Colossus program. In the lawsuits, consumers accused insurers of using the software to grossly underpay their injury claims. Four years later, a multi-state investigation into Allstate’s use of Colossus allegedly found that the company’s management team should provide increased oversight for any claims evaluated using the software product. Additionally, the insurer agreed to pay a $10 million settlement in connection with Allstate’s use of the Colossus program on policyholder claims. The settlement was later divided between 40 states, including Illinois. The insurance giant also agreed to warn consumers that it may use the program on any injury claims they may file in the future.

Unfortunately, insurance companies in Illinois and elsewhere normally seek to pay as little as possible on personal injury claims. Too often, insurers offer those who were hurt in a traffic accident much less than their claim is actually worth. In addition, insurers have sophisticated computer software and a team of attorneys on their side. You shouldn’t have to go up against automobile insurance companies alone. In order to protect your rights, you should contact a skilled personal injury lawyer as soon as possible after any car or other accident.
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A study recently published in the journal Surgery claims that at least 4,000 preventable surgical mistakes occur in the United States every year. Such mistakes are generally referred to as “never events” because they are the sort of hospital or physician errors that should never occur. Examples of preventable mistakes include performing an operation on the wrong side of a patient or leaving a foreign object such as a sponge inside of someone following surgery. Although preventable surgical mistakes reportedly result in temporary harm about 59 percent of the time, 33 percent of individuals affected experience a permanent injury and about seven percent of never events prove fatal.

As part of the recent study, researchers reportedly analyzed data collected from the National Practitioner Data Bank between 1990 and 2010. The study found that an estimated $1.3 billion in medical malpractice claims were paid following about 10,000 preventable surgical mistakes during the time period analyzed. Study authors estimate that doctors across the nation perform the wrong procedure on patients about 20 times per week. In addition, an object is unintentionally left inside of a patient about 39 times per week and physicians allegedly operate on the wrong body part about 20 times each week. Researchers reportedly believe such events actually occur at a much higher rate than reported.

According to Dr. Marty Makary, Associate Professor of Surgery at Johns Hopkins University School of Medicine, many so-called never events go unreported for a variety of reasons. For example, not all foreign objects that are left behind by surgeons are discovered. Makary said such errors are often only revealed after a patient experiences complications. Additionally, hospitals are allegedly only required to report never events that result in a medical malpractice judgment or settlement.

The recent study claims that about one-third of surgical mistakes are performed by a physician who is between the ages of 40 and 49. In contrast, only about 14 percent of preventable surgical mistakes reportedly occur at the hands of a doctor who is over age 60. Researchers also found that about two-thirds of surgeons who made preventable errors were previously cited for malpractice. In addition, more than 12 percent of surgeons were implicated in more than one never event.

Dr. Donald Fry, Executive Vice President at Chicago-based health care think tank Michael Pine and Associates, said the frequency at which never events occur in hospitals throughout the country is alarming. He also stated many medical professionals do not like to discuss such events. Fry reportedly believes that increased teamwork between surgeons, nurses, and others in the operating room may help to reduce the rate of preventable surgical mistakes. He also said a culture of safety should be fostered by more hospitals.

Medical malpractice results when a surgeon, nurse, dentist, pharmacist, or other health care professional fails to provide his or her patient with a reasonable standard of medical care and the patient is injured. Unfortunately, preventable surgical mistakes may cause painful and lifelong damage or unexpected death. If a physician or other medical professional negligently hurt you or someone you love, you should discuss your case with a skilled medical malpractice lawyer today.
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A 57-year-old tractor-trailer driver died recently after he was unexpectedly pinned between the door of his truck and a post in Bensenville. The man was reportedly performing a pre-work safety check on the semi he was assigned to drive while in a loading area at Vitran Express when he became pinned. According to the Cook County Medical Examiner’s Office, the Suburban Worth man was pronounced dead at Alexian Brothers Medical Center in Elk Grove Village as a result of the injuries he sustained in the workplace accident.

The exact cause of the tragic accident is currently under investigation by officials from the nation’s Occupational Safety and Health Administration (OSHA). A spokesperson for OSHA, Scott Allen, stated it is too early to tell what caused the worker’s unfortunate death. He added that the agency is currently attempting to ascertain whether the decedent’s employer failed to follow any federal safety regulations in connection with the incident.

Serious workplace accidents are generally investigated by OSHA. The Occupational Safety and Health Act of 1970 created the agency in an effort to decrease serious worker injuries and death. The Act requires all employers to comply with a number of safety-related requirements and to provide employees with safety training. In addition, employers must furnish a working environment that is reasonably free of safety hazards. When an employer fails to adhere to the requirements of the Act, OSHA may issue various levels of violations. An employer who places workers at risk may also incur fines and be required to remediate any safety hazards discovered by the agency.

While most workplace accidents in Illinois are subject to state Workers’ Compensation laws, a worker who is hurt or killed due to the actions of a third party such as a big rig manufacturer may be entitled to additional compensation. Additionally, an employee who was hurt in an accident at an Illinois workplace is authorized to receive the costs associated with any required medical treatment, disability pay, and compensation for any injury that resulted. If you were hurt in an accident at work, you should contact a skilled personal injury lawyer to discuss your options for recovery.
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A woman recently filed a personal injury lawsuit against a Bedford Park go-kart racing facility in Cook County Circuit Court. In her complaint, the woman alleges that she was injured as a result of a defective safety belt at Chicago Race Factory on May 2nd. According to the woman, employees at the facility assigned her a go-kart that was capable of traveling at speeds of up to 45 miles per hour but that was not equipped with a functioning safety belt. When she inquired about it, workers allegedly told her that safety harnesses were not necessary for adults who used the machines.

The lawsuit claims the injured woman’s body slid on the driver’s seat of the go-kart while she navigated the first turn on the track. As a result, the woman allegedly sustained damage to her ankle, knee, hip, and leg. The complaint accuses the go-kart facility and its manager of negligence for allowing the woman to use a machine that was not equipped with a functioning safety belt and for failing to properly train facility employees. The injured woman is currently seeking more than $50,000 in damages.

In Illinois, property owners are required to provide all visitors with a reasonable level of safety. When the owner of a business or other property knows or should have known that an unsafe condition existed and someone who was legally on the property was hurt, a premises liability claim may arise. A premises liability case may be caused by a slip-and-fall on an unsafe sidewalk or stairs, negligent security, building code violations, and a number of other unsafe conditions.

Illinois is a comparative negligence accident state. This means an individual who was hurt by someone else’s actions may be able to recover financial damages for their harm even if he or she was partially to blame. If you were hurt due to the negligent act of an individual or business, a skilled personal injury lawyer can help.
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Data compiled by the Illinois Department of Transportation states traffic fatalities throughout the state declined in the second half of 2012. According to Illinois Transportation Secretary Ann Schneider, an electronic highway message board and social media campaign aimed at alerting drivers to the number of crash deaths helped raise public awareness and may have encouraged drivers to be more careful. Schneider stated it is unclear whether the safety campaign had a direct effect on the rate of Illinois traffic deaths. Still, she believes it may have contributed to a seven month trend in fewer motor vehicle accident fatalities that purportedly began in the latter half of 2012.

Although traffic deaths increased over the previous year by 17 percent from January through July 2012, fatality rates reportedly decreased after the message board campaign began on July 5th. Between July 5th and December 31st, 478 people died on Illinois roadways. Meanwhile, 500 individuals were killed during the same period in 2011.

Despite the campaign, overall accident fatalities in Illinois in 2012 reportedly increased by four percent over the previous year. In 2011, 918 people were killed in 835 Illinois traffic collisions. In 2012, that number rose to 957 dead in 887 separate crashes. In addition, motorcycle driver deaths allegedly increased by more than 15 percent in 2012. According to the Illinois Department of Transportation, 243 of the 887 fatal accidents in the state last year occurred in Cook County. That number rose from 213 in 2011.

Illinois officials stated the traffic fatality warning messages would continue throughout 2013. Sadly, three people were killed in an Illinois collision during the first week of the New Year. In 2012, however, 15 traffic fatalities occurred across the state during the same time period.

Data from the National Highway Traffic Safety Administration found that fatal motor vehicle crashes are three times more likely to occur at night than during the day. About half of all traffic deaths across the country happen when it is dark outside despite that only about one-fourth of all vehicle miles are driven at night. Speeding, alcohol-related, and single-vehicle wrecks are also reportedly more likely to take place at night. If you lost a loved one in a Chicago motor vehicle crash, you may be entitled to recover funeral and other expenses by filing a wrongful death claim. Contact a skilled car accident lawyer to discuss your case.
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Japanese car manufacturer Toyota Motors recently agreed to a $1.1 billion settlement in connection with alleged acceleration issues that reportedly posed a safety hazard to those driving or riding in certain vehicles built by the company. If the pending class-action settlement is approved, it would include approximately 16 million Toyota, Scion, and Lexus motor vehicles that were manufactured by the company between 1998 and 2010. The proposed settlement includes no admission of guilt on the part of Toyota and was designed only to cover economic losses related to alleged vehicle safety issues. The settlement will reportedly not have an effect on the more than 300 personal injury and wrongful death lawsuits that are now pending against Toyota.

Although Toyota has reportedly maintained that alleged acceleration issues were not related to the company’s electronic throttle control system technology, the company chose to institute a safety recall between 2009 and 2011. According to Toyota, the unexpected acceleration issues resulted from gas pedals that stuck and poorly fitting floor mats. In addition, data collected by the National Highway Traffic Safety Administration found no link between reports of unintended vehicle acceleration and the company’s electronic throttle control system. As a result of safety concerns, Toyota’s reputation for safety and reliability reportedly took a hit in 2010. During the same year, the company purportedly lost about $2 billion in earnings.

Because no clear link between Toyota’s technology and unexpected acceleration issues has yet been established, many injury litigants may face an uphill battle in court. In fact, a Texas court has already dismissed such a case due to an alleged lack of evidence. Some feel that absent a convincing technical or scientific foundation that links the unexpected acceleration issues reported to Toyota’s technology, it may be difficult to win against the auto giant. Still, Toyota reportedly settled one of the largest wrongful death cases filed against the company for $10 million.

Individuals who live in the Chicago area often spend a lot of time in their automobiles. Even under the best of circumstances, accidents are bound to occur. Motor Vehicle accidents may be caused by many factors including driver carelessness, inattention, or impairment. In addition, weather, hazardous road conditions, motor vehicle defects, and other factors can cause an unexpected crash. Even if you were partially to blame for an automobile wreck, you may be entitled to receive damages for any injuries or medical expenses that you incurred as a result of the accident. A quality Chicago car accident attorney can answer any questions you may have and help you file your personal injury case.
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An Army National Guard veteran filed a lawsuit against the management company that runs McCormick Place and others after he almost lost a foot as a result of an alleged forklift accident. The 30-year-old veteran claims he was working in McCormick Place following a large machine trade show when he was unexpectedly knocked to the ground by a forklift. Before he could move, the forklift reportedly ran over his left foot. As a result of the September incident, the veteran allegedly underwent four surgeries in an effort to save the foot. Doctors were reportedly required to remove the man’s left heel and he will likely require additional surgery before he can walk again.

In his lawsuit, the injured man claims the facility failed to provide sufficient safety controls and adequate staffing levels for the exhibition teardown. According to the veteran, the forklift that struck him had no safety spotter. He stated this was unacceptable due to the speed at which the teardown process occurs. In addition, his lawsuit reportedly questions whether state-mandated work-rule changes that allow McCormick Place to use smaller labor crews in an effort to cut exhibitor costs and make the venue more attractive to trade shows compromised the safety of vendors and others. The changes purportedly took effect in fall 2011 and mandated the use of smaller teardown crews.

According to the Metropolitan Pier and Exposition Authority, the agency that owns McCormick Place, safety is a high priority at the venue. Still, the nation’s Occupational Safety and Health Administration (OSHA) is currently investigating the injury accident. In his complaint, the veteran alleged that he was injured as a result of negligence and asked for at least $350,000 in damages. The injured man stated his number one goal in filing the lawsuit, however, is to encourage better safety at the facility.

Normally, all serious workplace accidents are investigated by OSHA. Although most workplace accidents in Illinois are subject to state Workers’ Compensation laws, an injured worker or the family of someone who died as a result of the actions of a third party may be entitled to recover additional financial compensation for their damages. Regardless of the cause, an employee who was injured in an accident at work in Illinois is authorized to receive the costs related to any required medical treatment, disability pay, and compensation for any wounds that resulted. If you were hurt in a workplace accident, you are advised to contact a qualified personal injury lawyer to discuss your options for recovery.
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