Chicago Injury Lawyer Blog

A construction worker was killed last Tuesday when the Bobcat front-end loader that he was operating plunged seven stories. The fatal Chicago construction accident occurred at a Chicago Housing Authority demolition project in the 2400 block of South State Street. According to published reports, the victim was pinned between the Bobcat and the ground around 9:30 a.m. Investigators from OSHA have revealed that the victim was in the Bobcat at the time of the fall. He was reportedly unresponsive when emergency crews arrived. The accident occurred at a six building project site that is expected to be completed by this December.

The construction accident victim was taken to Northwestern Memorial Hospital where he was pronounced dead at 10:08 a.m. One eyewitness was quoted as saying “They had to use a crane to lift him out. They put him in the ambulance after that they put the collar on his neck and everything. He didn’t look too good. He wasn’t moving.” Chicago police are still investigating the tragic construction fatality.

If you have any questions regarding workplace or other fatal injuries and wish to speak to an attorney, please click here.

The Illinois Supreme Court recently resolved two lawsuits stemming from a deadly Peoria, IL, bridge collapse. On April 24, 2000, scaffolding broke away from Peoria’s McClugage Bridge killing three workers and injuring several others. The injured workers and the surviving family members of those deceased were able to collect workers’ compensation benefits as a result of the accident. At least four of the injured workers also attempted to collect civil damages through personal injury lawsuits filed against the construction joint venture that was handling the bridge rehabilitation. The Illinois Supreme Court determined that the injured workers could not file a civil suit against the joint venture thereby extending the immunity that protects an employer paying a workers’ compensation claim.

The bridge rehabilitation was handled by a joint venture of the Springfield, IL, based Halvorson Construction Company and the Tremont, IL, based Midwest Foundation. The joint venture entity, named Midwest Foundation/Halvorson, was commissioned to rehabilitate the McClugage Bridge as it extends over the Illinois River. The joint venture agreement required Midwest Foundation to pay the workers’ compensation premiums, which were to be reimbursed by the joint venture. The Illinois high court determined that the civil lawsuits cannot proceed under this joint venture structure. Writing for the majority, Justice Lloyd Karmeier determined that the immunity from civil suits granted to an employer paying a workers’ compensation claim for on-the-job injuries extends to joint ventures or partners in a joint venture. In a dissenting opinion, Justice Thomas Kilbride determined that such immunity should not extend to Midwest Foundation if that entity was never reimbursed from the joint venture for paying out the workers’ compensation premiums. Daniel O’Connor, the attorney for the workers, said he was disappointed by the ruling.

Continue reading "Illinois Supreme Court Rules on McClugage Bridge Collapse Injury and Wrongful Death Lawsuits" »

What's Below:

What laws protect my right to a safe workplace?

What rights does the OSH Act, implemented by OSHA, give me?

What steps should I take if I'm injured at work?

Does OSHA protect against the harmful effects of tobacco smoke in the workplace?

What laws protect my right to a safe workplace?

Federal and state laws protect you from an unsafe workplace. The main federal law covering threats to workplace safety is the Occupational Safety and Health Act of 1970 (the "OSH Act" -- 29 U.S.C. § 651 and following). The OSH Act gives you a number of rights if you think that something unsafe is happening in your workplace.

Most state laws track the federal law fairly closely. To find out about workplace safety laws in your state, contact your state labor department.

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What rights does the OSH Act, implemented by OSHA, give me?

If your workplace poses an imminent threat to your life, the OSH Act gives you the right to refuse to work.

Even if your workplace does not pose imminent danger, however, the OSH Act gives you many important rights. You can benefit from these rights only if you understand and assert them.

The following is just a sample of some of your rights under the Act:

• You can get training from your employer on the health and safety standards that your employer must follow.


• You can get training from your employer on any dangerous chemicals you are exposed to and on ways you can protect yourself from harm.


• You can get training from your employer on any other health and safety hazards (such as construction hazards or bloodborne pathogens) that might exist in your workplace.


• You can request information from your employer about OSH Act standards, worker injuries and illnesses, job hazards, and workers' rights.


• You can directly request your employer to cure any hazards or OSH Act violations.


• You can file a complaint with the Occupational Safety and Health Administration (OSHA).


• You can request that OSHA inspect your workplace.


• You can find out the results of an OSHA inspection.


• You can file a complaint with OSHA if your employer retaliates against you for asserting your rights under the act.


• You can request the federal government to research possible workplace hazards.

For more information on OSHA or to get contact information for your nearest OSHA office, visit the U.S. Department of Labor's Occupational Safety and Health Administration website, at

www.osha.gov.

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What steps should I take if I'm injured at work?

If you have been injured at work by a hazard that should be eliminated before it injures someone else, take the following steps as quickly as possible after obtaining the proper medical treatment.

• Immediately file a claim for workers' compensation benefits so that your medical bills will be paid and you will be compensated for your lost wages and injury. In some states, the amount you receive from a workers' comp claim will be larger if a violation of a state workplace safety law contributed to your injury.
  
  


• Point out to your employer that a continuing hazard or dangerous condition exists. As with most workplace safety complaints, the odds of getting your employer to resolve the problem will be greater if other employees join in your complaint.


• If your employer does not eliminate the hazard promptly, file a complaint with OSHA and any state or local agency that you think may be able to help. For example, if your complaint is about hazardous waste disposal, you may be able to track down a specific local group that has been successful in investigating similar complaints in the past.


• If the hazard poses an imminent life threat to you or other workers, you can call OSHA's emergency telephone line at 800-321-OSHA (6742).

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Does OSHA protect against the harmful effects of tobacco smoke in the workplace?

OSHA rules apply to tobacco smoke only in rare and extreme circumstances, such as when contaminants created by a manufacturing process combine with tobacco smoke to create a dangerous workplace air supply that fails OSHA standards. Workplace air quality standards and measurement techniques are so technical that, typically, only OSHA agents or consultants who specialize in environmental testing are able to determine when the air quality falls below allowable limits.

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