Monthly Archives

December 2019

Man injured in fireworks blast loses appeal for worker’s comp benefits

By Workers' Compensation No Comments

A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched. In 2015, Andrew Hall was working for a Habitat for Humanity of Grant County thrift store when he and a coworker, Alonzo Hill, were sent to retrieve items…

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IL Supreme Court: Federal law doesn’t block railroad from suing employees it blames for causing train accident

By Personal Injury No Comments

A railroad company can sue employees who it blames for causing railroad accidents, even after those employees first sue the railroad for injuries they suffered in the accident the railroad says they caused, the Illinois Supreme Court has ruled. In a 5-2 ruling, the court overturned an appellate court decision on the question, and sent the case back to Cook…

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Former employee wins $225,000 over retaliation for filing workers’ compensation claim

By Workers' Compensation No Comments

A multi-national medical device manufacturer must pay $225,000 after a federal court jury found an employee was sacked after applying for workers’ compensation. Jurors in the court of Senior District Judge Phil Gilbert awarded the money as it found plaintiff Dathan Brooks was discharged in retaliation for the claim, but also decided the action was not wilful or wanton, that…

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Trucking firm, insurance company accused of conspiracy to classify workers as contractors

By Workers' Compensation No Comments

A trucking company and its insurance provider stand accused of conspiring to prevent its drivers from filing workers’ compensation claims to avoid scrutiny and the potential of them being classified as employees. In an action filed in Madison County Circuit Court, a former driver claims he and others were misclassified as independent contractors, which resulted in them losing workers’ compensation…

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Increase in PTSD claims presents diagnosis challenge

By Workers' Compensation No Comments

As more employees file workers compensation claims for post-traumatic stress disorder following shootings and other violent incidents, medical experts warn the condition can be diagnosed prematurely following an event or misdiagnosed altogether. It can be tough even for specialist to distinguish between conditions, experts say. Some employees witnessing an event can recover from the trauma without treatment, others may not…

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Indemnity, lost time greater for older workers: WCRI

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Average medical and indemnity payments in workers comp claims increase with age, a study from the Workers Compensation Research Institute revealed Thursday. The Cambridge, Massachusetts-based research group studied how age impacts claim costs, cost components and worker outcomes in its latest FlashReport. The study found little difference in injury rates and outcomes for workers regardless of their age. Injury rates…

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Unnatural accumulation of ice prompts slip and fall suit against Menards

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An unnatural accumulation of ice in the parking lot of a store has prompted a slip and fall lawsuit. Joseph Quirin claims he fell and injured himself while walking to the entrance of the Menards store in O’Fallon. Quirin filed suit Nov. 26 against the company in St. Clair County Circuit Court, accusing it of negligence for failing to clear…

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Man sues maker of liquid food over father’s injuries, death, claiming maggots or other contaminant in product

By Personal Injury No Comments

A man is suing Abbott Laboratories for injuries his father suffered before his death. Cedric C. Jones filed the lawsuit against Abbott Laboratories Inc. and Lincare Inc. on behalf of his father, Chester L. Jones Sr., who died in November, according to a complaint filed Nov. 26 in St. Clair County Circuit Court. Cedric Jones claims ethat when his father…

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House approves comp coverage for alien workers

By Workers' Compensation No Comments

The House of Representatives Wednesday passed a bill that would rewrite immigration requirements for immigrant farmworkers in the United States and require employers to provide workers compensation regardless of state laws. H.R. 5038, known as the Farm Workforce Modernization Act of 2019, contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker status and changing a certain…

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Amputation workers’ comp case remanded for recalculation

By Workers' Compensation No Comments

The Indiana Court of Appeals has reversed for a woman who alleged she is owed more in partial impairment benefits for an amputation on her hand than she was awarded by the Worker’s Compensation Board. While working for manufacturing company Foremost Fabricators, Gina Senter’s pinkie finger on her left hand got caught between two rollers on a roller machine. She…

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