An Illinois worker sued his employer for negligent spoliation of evidence, claiming that it had breached its duty to preserve evidence from a work site forklift accident in Gerard v. ConAgra Foods, Inc., No. 06 C 6163 (April 28, 2010). The plaintiff’s lawsuit was based on his claim that his…
A recent Illinois Appellate Court case has clarified the duty an employer owes to not only its employees, but also to the employee’s family. Simpkins v. CSX Corp, et al., No. 5-07-0346, involves a claim brought by the ex-wife of a former railroad worker regarding asbestos exposure she experienced as…
A recent Illinois workers’ compensation decision, Interstate Scaffolding, Inc. v. Illinois Workers’ Compensation Commission, No. 107852, 2010 WL 199914 (Ill.Sup.Ct.), examined whether a worker was entitled to temporary total disability (TTD) benefits following his termination. The Illinois Supreme Court reversed the Illinois Appellate Court’s decision, thus siding with the Illinois…
In a case before the Seventh Circuit United States Court of Appeals in Chicago, it was held that a general contractor can be held liable for injuries to an employee of a sub-contractor where it is shown that the general contractor has assumed a degree of the responsibility for his…
An Illinois worker was crushed by a tractor-trailer at a loading dock while working for his employer. He collected Illinois workers’ compensation benefits from his employer, Ensign, and then he and his wife sued three companies in strict tort liability. Baltzell v. R&R Trucking Co.. The three defendants were R&R…
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…
In a turn by the Supreme Court of the United States, the court handed down its ruling June 19, 2008 in favor of workers suing Knolls Atomic Power Laboratory for age discrimination. Notable in this decision is the fact that under Chief Justice John Roberts the Supreme Court repeatedly sided…