An Illinois appeals court has thrown open a new avenue for personal injury lawyers and others to claim potentially massively enhanced verdicts, as the court upheld a $45 million verdict awarded by a Cook County jury to the family of a woman who died of mesothelioma, allegedly caused by exposure to talc in Johnson & Johnson baby powder — a…
A federal appeals court upheld workers compensation benefits for a former shipyard painter who developed breathing difficulties after years of exposure to paint fumes, chemicals and sandblasting materials. In Jeffboat Inc. and American Longshore Mutual Association Ltd. v. Director, Office of Workers’ Compensation Programs, and Calvin F. Chaffers, the 7th U.S. Circuit Court of Appeals affirmed a Benefits Review Board…
Litigation is creeping deeper into workers compensation claims, adding cost and complexity for employers, even as the line remains broadly profitable and protected by exclusive remedy. “We’re operating in a more adversarial claim environment than we ever have,” said Matt Hannon, New York-based national casualty practice leader for Aon in North America. “Litigation is being driven by both economic pressures…
As heat exposure becomes a more visible workplace risk, workers compensation claims professionals say disputes are not always about whether a worker suffered a classic heat illness, but whether heat contributed to another medical event or injury. That question is complicating causation reviews in claims involving fainting, falls, cardiac symptoms, dehydration or other events that may not initially be coded…
The Seventh Circuit declined to revive a former Department of Homeland Security employee’s lawsuit challenging his termination and alleging disability discrimination, ruling that he failed to timely follow administrative requirements before filing a complaint in court. Dored Shiba, who worked as an immigration officer for US Citizenship and Immigration Services, didn’t initiate an internal equal employment opportunity complaint within 45…
Heat-related worker injury claims can range from quickly resolved dehydration cases to catastrophic injuries requiring emergency care, organ damage and potential long-term disability, according to workers compensation experts. That makes early recognition and rapid response critical, particularly as employers face increased scrutiny over heat exposure and as claims teams prepare for more questions about how heat illnesses are reported, treated…
Heat-related illness claims are a small slice of the overall claims picture, but rising temperatures, expanding safety regulations and growing awareness of the exposure are prompting insurers and employers to look more closely at heat as a broader workplace injury risk. Research by the Workers Compensation Research Institute found that workplace heat-related illnesses increase at least sevenfold on days when…
Hospital closures in rural areas disrupt access to care for injured workers but do not significantly increase workers compensation claim costs or disability duration, according to a Workers Compensation Research Institute study released Thursday. The study examined the impact of hospital closures on access to care and claim outcomes and found that rural hospital closures led to workers traveling an…
While workplace injury rates are declining, those that do happen are becoming more severe, more expensive and are keeping employees off the job longer, with new hires and older workers posing the greatest risks, according to an “injury impact” report released Monday by Travelers. The annual report, based on more than 1.2 million workers compensation claims filed between 2021 and…
A fatal crash involving a Subway worker who was speeding and had marijuana in her system must be reconsidered because the wrong legal standard was applied in awarding workers compensation benefits, an Illinois appellate court ruled Monday. In Subway v. Illinois Workers’ Compensation Commission, the Appellate Court of Illinois, Fifth District reversed a lower court ruling and set aside a…
