We all know about the dangers of second-hand smoke, but lesser known is the danger of second-hand exposure to asbestos. A recent Chicago case hinged on this very issue and the trial court found that when an employee’s family is exposed to asbestos fibers by way of the employee’s clothes…
It makes sense that when an employee is injured on the job that the employer would want their physicians to examine the employee in addition to the employee’s physician. However, according to a recent ruling by the Illinois First District Appellate Court while the employer may continue to have the…
The Illinois Appellate Court reversed a ruling by a Circuit Court judge who had denied Illinois workers’ compensation benefits to a Circuit City employee. The main issue was whether or not the employee had been acting within the scope of his employment. Circuit City Stores, Inc. v. Illinois Workers’ Compensation…
According to an Illinois Appellate Court, if an injured employee is fired for conduct related to his or her Illinois workers’ compensation claim, then he or she is not entitled to benefits for temporary disability under the Illinois Workers’ Compensation Act. Interstate Scaffolding, Inc. v. Workers’ Compensation Commission, 2008 WL…
The Illinois Supreme Court recently reversed a prior ruling by the Illinois Appellate Court regarding employer immunity under the Workers’ Compensation Act (Daniel Ioerger, et al. v. Halverson Construction Company, Inc., No. 105912 (December 18, 2008).) In 1999, Midwest Foundation Corporation and Halverson Construction Company entered into a joint venture…
Consider a case where an Illinois roofer was burned when a tar pot ignites. This construction worker can claim damages against the site developer for negligence. Many building project developers are mindful of the fact that many workers in the construction industry are exposed to dangerous conditions. But in some…
The Illinois Supreme Court recently affirmed a ruling by the Illinois Appellate Court in favor John Van Cleve, a Maxit employee, who was injured while working. Maxit, Inc. v. John Van Cleve, et al., No. 105532. Van Cleve was driving during his working hours when he was injured in car…
Illinois Appellate Court ruled that Illinois Insurance Guaranty Fund (IIGF) is responsible for paying Illinois workers’ compensation benefits to a worker who was injured on the job (Virginia Surety Co. v. Adjustable Forms, Inc.). This ruling came in spite of IIGF’s claims that the Chicago worker was also covered under…
Chicago area Metra worker Leonard Brzinski was denied recovery for injuries he suffered after falling into a sinkhole while working. Under the Federal Employers’ Liability Act (FELA), a train company employee can bring suit for injuries suffered on the job due to the employer’s negligence. Brzinski arrived at work in…
Consider the following scenario. You work at a Chicago manufacturing factory. One day the machine you operate becomes jammed. In order to try to remove the jammed material you remove the machine’s guard and place your hand inside. But as you do this the machine starts up and crushes your…