Author: Sylvia Styka

Illinois Educators & Worker’s Compensation

In August of 2013, an elementary school bookkeeper in Decatur, Georgia, saved a school of 800 students from an armed intruder. An event that may have turned into another Sandy Hook was diverted by the book-keeper, who talked the gunman into putting down his weapons and turning himself into police.

Each day, teachers, administrators, and other school employees face the possibility of violence in their schools and classrooms, although injuries are usually inflicted by students, rather than school intruders. According to the American Psychological Association (APA), 7% of the nation’s teachers are threatened with injury each year; and 3% (127,500) are physically attacked by a student.

Termed “teacher victimization,” the cost of threats and attacks are both obvious and hidden. According to the APA, these cost include:

• Lost wages
• Lost days of work (about 927,000 per year)
• Replacement of teachers leaving the school or profession prematurely
• Lost instructional time
• Medical and psychological treatment
• Student disciplinary proceedings involving school, police, judicial systems, social services & parents
• Increased workers’ compensation claims

While little research exists on precursors to student violence, the APA believes some situations can trigger disruption and rage, including a breakup with a boy/girl-friend, parent divorce, death of a family member or friend, public humiliation, exposure to violence or gang conflict, abuse, economic or academic stress, strained teacher-student relationship, and such physical factors as sleep deprivation and hunger.

Teachers who are threatened by a student should under-stand that they are not alone and are not at fault. This is a traumatic event, and it is normal to be upset. In addition to reporting the incident to the appropriate school admini-strator, seek support from coworkers, family, and friends and seek help from a mental health professional, if needed.

Non-Violent School Employee Injuries

Like employees in any other profession, school staff also are also at risk for non-violent accidental injury and work-related illnesses. Common employee injuries include falls on slippery tile floors and stairs, trips over classroom furnishings, and leg and back injuries from years of prolonged standing.

Gym teachers and coaches are at heightened risk for acute on-the-job injuries: broken noses from being hit in the face with balls and other flying equipment; concussions or falls from collisions with running students; and, sprains, strains, and breaks from trips over equipment or on uneven playing fields. In addition to acute injuries, PE teachers and coaches are also at increased risk of repetitive stress injuries to the joints from years of work-related physical activity.

Calculating Worker’s Compensation for School Staff

Generally, the amount of compensation a worker in Illinois is entitled to receive in workers’ compensation disability benefits is based upon the average weekly salary that he or she received during the prior year. This is usually computed using simply math: a person’s total annual salary, divided over a 52-week period.

However, teachers and other school employees are a unique group. With summer vacation and winter and spring breaks, they rarely work 52 weeks out of the year. An average educational work calendar is more likely to be about 42 weeks per year. The Illinois Supreme Court has established that an injured school employee should receive compensation based upon the number of weeks actually worked, rather than the number of weeks in a calendar year.

Instead of dividing the annual salary by 52, the employee’s annual salary should be divided by 42 weeks (or the number of weeks in the school year). This results in a higher weekly average, which is then used as the basis for determining work comp benefits. Ultimately, this results in higher benefit payments for the school employee.

The first step in obtaining compensation for medical bills or lost work time is immediately reporting your work-related injury. For school employees, this may involve going to the school nurse, who will make a report of the injury and file it the teacher’s file. If the injury is more serious—beyond a bump or minor cut—the school employee should also visit his or her doctor or, if needed, the emergency room.

Some injuries may require extended time off from work. This paperwork must be filed quickly—as some school districts’ Boards of Education have strict time limits on worker’s compensation paperwork. Because of these constraints, it is best to contact your attorney at Styka & Styka, at 312-357-8000 as soon after a work-related accident as possible.

If you believe you suffer from a work-related repetitive stress or other cumulative injury, contact our office for advice as to how to proceed with your district’s administration. We can help you understand your options and the steps required to receive full compensation for this or any other work-related injury.

Hearing Loss & Worker’s Compensation

Move over black lung disease and carpel tunnel syndrome: the most common work-related illness is occupational hearing loss. 

According to the Centers for Disease Control, more than 30 million Americans are exposed to hazardous noise levels at work, and more than 9 million are exposed to ototoxic (literally, ear poisoning) chemicals, such as solvents and metals. In all, more than $242 million are spent annually on occupational hearing loss-related worker’s compensation claims.

While employees in many industries may be at risk or experience work-related hearing loss, compensation claims most often involve those employed in agriculture, mining, construction, manufacturing, utilities, and transportation. Approximately 45% of carpenters and plumbers report perceived hearing loss.

Hearing loss may go unnoticed until your ability to understand speech is affected.

Noise-induced hearing loss (NIHL) is preventable but once acquired, it is permanent and irreversible. Therefore, employers and employees should work together to imple-ment prevention measures. Removing hazardous noise from the workplace through engineering controls (e.g., installing a muffler or building an acoustic barrier) is the most effective way to prevent NIHL. Unfortunately, these measures are not always feasible. Personal Protective Equipment (PPE), such as ear plugs and ear muffs, should be used when it is not possible to otherwise reduce noise to a safe level.

The Illinois Workers’ Compensation Act includes a specific provision that covers work-related NIHL. Worker’s compen-sation insurance companies typically fight these cases due to the complexities and details that must be established by the employee.

Illinois law requires an employee to prove the noise levels to which he or she was exposed and establish that exposure occurred over a minimum amount of time. These minimum hours per day depend on the decibel level involved. Many large employers implement noise surveys from time to time to insure that they are complying with OSHA regulations. These surveys are important for establishing that hearing loss is related to work-related noise.

According to OSHA requirements, employers must implement hearing conservation programs for employees if the noise level of the workplace is equal to or above 85 decibals (dB) for an average eight-hour time period. According to the American Tinnitus Association, a noise at 85 dB is equivalent to average traffic; 80 dB, an alarm clock located 2 feet away. OSHA also states that “exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level.” For perspective, a sound at 105 decibals is the equivalent of a rock concert. Safe exposure at 91 db is only 2 hours, according to the National Institute for Occupational Safety & Health (NIOSH).

In Illinois, a worker’s comp claim for NIHL must involve a loss at the 1000 Hz, 2000 Hz, or 3000 Hz frequency ranges. Hearing loss outside these ranges is not considered in a worker’s compensation claim. Whether the hearing loss is within these ranges must be determined by audiometric studies. Audiograms test a range of sounds from low to high frequencies. NIOSH states that the test frequencies usually range from 500 Hz (around the middle of a piano keyboard) up to 6000 or 8000 Hz (a little above the highest note a piano can play). Many large employers engaged in noise-producing industry conduct yearly or biannual employee hearing tests. These progressive studies can be important in demonstrating that the constant decrease in an employee’s hearing is caused by the noise levels in the working environment. Other evidence that is considered in a hearing loss case is whether the employer provided hearing protection and what type of hearing protection was provided.

In addition to noise-induced hearing loss, workers may also experience hearing loss from exposure to certain chemicals, or ototoxic hearing loss. A common side effect of many medications, ototoxic hearing loss is also symptomatic of workers exposed to certain chemicals on the job. According to the Department of Commerce of Western Australia, more than 750 chemicals have been identified as causes of ototoxicity, but only a handful have been studied individually. In addition to medications, substances known to cause hearing loss are butanol, ethanol, ethyl benzene, solvent mixtures and fuels, styrene, arsenic, lead, manganese, mercury, and carbon monoxide. When exposure to these substances also include workplace noise exposure, the hearing loss can be even greater than the loss from only chemical exposure or only environmental noise, according to studies published by the National Institutes of Health.

According to the American Speech-Language-Hearing Association, the first sign of ototoxicity is ringing in the ears (tinnitus). Continued exposure may lead to hearing loss. Balance problems can also occur as a result of ototoxic medications. Sometimes these problems are temporary because the human body can learn to adapt to reduced balance control; sometimes, they are permanent.

Just like NIHL, the effects of ototoxic hearing loss can affect your quality of life. Not being able to hear conversations or feeling a little dizzy may cause you to stop participating in usual activities. The cost of hearing aids, doctor appointments, and tests quickly add up.

If you or a loved one has experienced hearing loss that may be work-related, contact Styka & Styka, LLC for a free, no-risk consultation to understand your options.

The Serious Injuries & Multiple Claims Involved in Failed Personal Protective Equipment

Each year, more than 700,000 lost-work days could be avoided by the proper use of Personal Protective Equipment (PPE). Depending on your job and the different hazards that you handle, you may use a variety of PPE. PPE protects workers from injury or illness due to contact with chemical, radiological, physical, electrical, mechanical, or other workplace hazards (OSHA).

The use of PPE is considered a last line or last resort of protection. Its use indicates that current hazards cannot be controlled by administrative controls (e.g., shift rotation) or through engineering (e.g., design), industrial controls (e.g., site ventilation), or good housekeeping.

Common examples of PPE include:

• Head protection
• Eye and Face protection
• Hearing protection
• Respiratory protection
• Arm and Hand protection
• Foot and Leg protection
• Protective clothing

OSHA does not require specific PPE for particular circumstances. Instead, it requires employers/contractors to identify current hazards that necessitate PPE, select the appropriate equipment, and train workers on when and how to use it properly. Employers are to use reasonable judgment about what PPE is needed, for which worker, and in what circumstance. Each current and present hazardous situation must be evaluated independently.

PPE failures often can be attributed to:

1. Inadequate Assessment by the Employer/Contractor. Failure to properly assess hazards and assign PPE can result in significant injuries, from chemical exposures to head trauma from falling objects.

2. Insufficient Training. PPE failure is often attributed to generic training. Detailed training should include: When to use PPE
Limitations of PPE
How to inspect PPE
How to put on and adjust PPE
How to safely remove, care for, and store the PPE safely
How to identify and replace worn or damaged PPE
Where to dispose of PPE that might be contaminated by hazardous substances.

3. Poorly Fitted PPE. If PPE does not fit correctly, it will not protect effectively. A good fit is always critical but is exceptionally vital when chemicals, heat, and respiratory irritants are involved.

4. Improper Usage. Gloves can limit dexterity, and eye protection can be aggravating. Respiratory Protective Equipment (RPE) can be uncomfortable, interfere with communication and vision, limit your ability to have a beard, goatee, mustache, or even stubble. However, proper usage of PPE/RPE is essential to your health and well-being.

OSHA requires medical clearance for employees to use RPE on the job. RPE can trigger serious medical problems (e.g., respiratory distress, asthma, heart attacks) in workers with respiratory system or cardiovascular problems issues.

Sometimes, although rarely, PPE failure is the result of the actual PPE product or its design, making the PPE itself a dangerous product. If you have been injured on the job even though you are wearing the correct PPE, for which you have been well trained and correctly fitted, your PPE itself may have failed. Not only will you qualify for worker’s compensation, but you may also have a personal injury case against the manufacturer and/or distributor of the PPE. Do not return the defective equipment and call me immediately at (312) 357-8000 for an initial consultation on your options.

RPE failure–whether due to faulty equipment, the wrong type of RPE, or improper usage–allows the worker to inhale hazardous materials. Inhalation is one of the quickest, most efficient ways to introduce lethal levels of a contaminate into your body.

If you have experienced any injury at work, with or without the use of PPE, be sure to contact me immediately at (312) 357-8000 for a free initial consultation. I can help you understand your options and help you through the claims process.

Sources: Health & Safety Executive, OSHA, University of the Pacific

Is Your Job Site Safe?

Construction workers understand the hazards that strong storms can create at a job site. The 2013 catastrophic tornadoes that ripped through the Midwest are reminders to employers to review the policies and procedures they have in place for handling severe weather on the job site. While work injuries can occur at even the safest of construction sites, advance preparations can drastically reduce the number of serious injuries or fatalities when bad weather strikes.

Among the concerns that must be covered are the following:

• Strong winds and icy or wet conditions increase the chances of workers falling from elevated areas and suffering severe, permanent, or fatal injuries;
• Icy or wet surfaces also contribute to a variety of injuries from ground-level slips and falls and equipment or vehicle accidents;
• Strong winds may topple untethered equipment and even field trailers, resulting in severe or fatal injuries;
• Flying, falling, or swinging materials, including from debris and small equipment to cranes and scaffolding, put workers and the public at risk; and,
• Lightning or wet electrically powered equipment may cause shocks or electrocution.

According to OSHA, all companies, regardless of size, should have a weather emergency plan that includes conditions best served by sheltering-in-place, conditions that warrant a site evacuation, and site evacuation procedures. OSHA also recommends the plan include a clear chain-of-command and the designation of a worker with the authority to suspend work or evacuate a site. All trade or shift supervisors should have access to a checklist of emergency tasks to secure the site for bad weather and shut down. This checklist may include:

• Assignment of tasks to specific trade workers competent in those actions
• Stocking supplies, such as batteries and flashlights, for use by assigned emergency response workers
• Securing items from becoming airborne during winds, including scrap materials and equipment
• Anchoring all field trailers at the onset of the project
• Specifying the securing of different types of crane booms
• Designation of who, if anyone, will remain on site briefly to shut down gas and/or electrical, and the procedures involved for those tasks
• Procedures for helping site visitors to evacuate
• Accounting for employees during sheltering-in-place or following an evacuation
• Clearing emergency vehicle access routes

Returning to the job site offers its own hazards. Post-storm recovery checklists can help workers resume work safely and avoid trips, slips, and falls over construction materials and natural debris, such as fallen tree limbs. A post-storm safety list also helps workers avoid electrocutions from damaged wiring or downed electric lines, falls from damaged ladders and scaffolding, and lacerations and puncture wounds from sharp debris. All sites and equipment should be inspected before employees re-enter. Contractors and subcontractors should carry out equipment and structural inspections and basic site housekeeping before any work resumes. All site recovery personnel should be equipped with appropriate Personal Protective Equipment.

Despite the best efforts of employers and employees, severe storms can cause situations that lead to work-related injuries, from sprains and mild concussions to permanently disabling injuries or even death.

If you are injured on the job, be sure to contact Styka & Styka, LLC, at (312) 358-8000 for help obtaining your full worker’s compensation benefits, including lost wages, future lost wages, and medical bill payments.

The Federal Motor Carrier Safety Administration estimates that each year 17 deaths and 7 non-fatal work injuries occur per 100,000 employees in the transportation, warehousing, and utilities sectors, which means thousands of workers are injured or killed annually in these industries.

In 2012, the latest statistical year, more than 333,000 crashes involved large trucks. Truck drivers accounted for 18% of the deaths in fatal multi-vehicle accidents, and more than 25,000 truckers were injured in road accidents.

More than half of all truck driver fatalities are caused by vehicle-related injuries. Drivers may be hurt when they lose control of the vehicle or when they collide with another car; they also are at risk of being rolled over by their own vehicle.

If you are trucker, an injury can end your career and leave you coping with medical bills and financial uncertainty. Fortunately, Illinois’ current workers’ compensation laws protect you and your family if a serious accident occurs while you are on the job.

Risks for Trucking & Warehousing Industry Risks

Every truck driver and warehouse employee has a physically demanding job that can take a toll on the body. Unfortunately, high risk of injury always exists, but the labor-intensive nature of trucking and warehouse jobs often means that an injury can end a career.

• Musculoskeletal disorders of the neck, back, and shoulders: Employees in transportation and warehousing frequently suffer from chronic injuries from years of loading or unloading trucks and lifting boxes, cartons, and containers. Sudden, acute injuries commonly occur from overexertion when loading a truck or working on vehicle tires.
• Falls from elevations: Falling from vehicles and loading docks, stumbling on stairs, and dropping into open spaces are all causes of work injuries for truckers and warehouse employees. My firm handles many knee and back sprains that occur from falling out of a vehicle; head injuries and broken limbs are also common results of falls.
• Injuries due to being struck by or against objects: Warehouse workers and truck drivers are always at heightened risk of being struck by or against objects, which often result in back, head, arm, and shoulder injuries. Drivers are frequently struck by or against objects when lifting hitched trailers, opening containers, and attaching trailers to trucks. Both drivers and warehouse workers are often injured by vehicle parts, lift-gates, winch bars, pallet jacks, boxes or cartons, binders and chains, and fork lifts.

Your Options After an Injury

When you suffer an injury on the job, there are two primary ways that you can take legal action. Your options include:

1. Workers’ compensation claim: Workers’ compensation is the only way to receive compensation from your employer for a work injury. As long as you are not an independent contractor, you should be able to file a workers’ compensation claim when you are hurt as a result of your job. Workers’ compensation provides broad coverage. Currently, under Illinois law, you can file a claim even if your employer wasn’t careless or negligent in any way. Learn more >>

2. Personal injury lawsuit against a third party: You cannot sue your employer after a work-related injury. However, if there was someone besides your employer responsible for your injuries then you may be able to file a personal injury claim (e.g., the at-fault driver in a traffic accident or the manufacturer of a truck that had a bad design or faulty brakes). Third-party injury lawsuits can make it possible to be compensated for things that workers’ compensation doesn’t cover. Learn more >>

At Styka & Styka, we understand how a sudden acute injury at work or chronic work-related pain can change your whole life. Our goal is to make sure that your injury doesn’t cause you financial or emotional stress. You can focus on getting better and trust us to focus on obtaining the maximum compensation for you and your family. If you or a loved one is injured in any type of work-related accident, be sure to contact me at (312) 357-8000. I can help you understand your options.

---

Sources:

• Heavy and Tractor-trailer Truck Drivers, Bureau of Labor Statistics
• Lifestyle Risk Factors in Commercial Drivers, Federal Motor Carrier Safety Administration
• Large Trucks, Traffic Safety Facts 2012, U.S. Department of Transportation, National Highway Safety Administration