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Naperville Work Injury Lawyer

The construction industry has some of the highest rates of injuries and fatalities in the country. The Occupational Safety and Health Administration (OSHA) has classified four different types of construction accidents as the Fatal Four – falls, struck by, electrocutions, and caught-in/between accidents. While the first three types of accidents are fairly self-explanatory, many people are unsure what caught-in/between accidents are. According to OSHA, these are accidents that cause injuries when a worker is caught, compressed, crushed, pinched, or squeezed between two or more objects or becomes caught between parts of equipment, machine, or material. The following explains some of the causes of these accidents. For more detailed legal assistance if you have been injured, contact an Illinois workers’ compensation lawyer for help.

Types of Caught-In/Between Accidents

While caught-in and caught-between accidents are prevalent in the construction industry, they are also common in other types of industries, including agriculture and manufacturing. Some common examples of these types of hazards include:

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Will County Personal Injury LawyerEach year, approximately 40,000 people are killed in car accidents. Here in Illinois, fatal crashes are responsible for killing more than 1,300 people annually, making the state the eighth highest in vehicle deaths. Fortunately, not all crashes are fatal ones, however, with an estimated 7 million car accidents occurring each year, hundreds of thousands of motorists are left injured. These injuries can range from catastrophic to mild. What many people involved in accidents do not realize is that even an apparent minor crash can result in serious injuries. This is why it is important for anyone involved in a car accident to seek medical attention right away. As an Illinois personal injury attorney can explain, failure to do so can jeopardize any car accident claim you may want to pursue.

Fight or Flight

As anyone who has been in a car accident can likely attest, even a minor crash can be an emotionally jarring experience. The sounds of squealing tires, crunching metal, and smashed glass as the vehicles make impact – as well as the force of that impact – can be frightening, putting the body into a fight or flight response. This response is an automatic physiological reaction that is part of the human evolutional process. If the body perceives a threat, the nervous system is activated, triggering a stress response and alerting the body to get ready to fight or flee the situation.  

During this response, the body releases two hormones (adrenaline and cortisol) that deviate blood flow to major muscles, speed up the heart rate, and affect other autonomic functions, boosting the body’s energy level and strength – which in turn gives the body the energy and strength to fight or flee.

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In 1970, the United States federal government established the Occupational Safety and Health Administration (OSHA). This agency oversees ensuring that all workers are protected by enforcing workplace safety standards and regulations that employers are required to follow. Unfortunately, despite these rules, many companies are guilty of safety violations that result in accidents, injuries, and even fatalities. The following are five of the most common safety violations per OSHA statistics. If you have been injured on the job, make sure you have an Illinois workers’ compensation lawyer advocating for you.

Fall Protection Violations

Fall protection violations are one of the most common safety breaches in the workplace, especially in the construction and manufacturing industries. These violations occur when there is a lack of appropriate safety measures when working at heights. Failure to use guardrails, safety nets, or personal fall arrest systems can lead to severe injuries or fatalities. Employers must provide proper training and equipment to prevent these violations and ensure worker safety.

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School has been back in session for Illinois schoolchildren for the past month or so, which means that students, parents, and teachers are beginning to settle into their academic schedules. That settling can take some effort, especially getting up early in the morning after enjoying those often more relaxed mornings of the summer months. Throw in homework, extracurricular activities, and sports, and it should come as no surprise that many families feel their energy levels drained, especially when it comes to being alert when they are behind the wheel. These hectic schedules can leave parents, high school students, and college students at a higher risk of being involved in a fatigued driving accident.

The following is a brief overview of some of the factors that back-to-school schedules have that families need to be aware of. If you have been injured in a crash, make sure to contact an Illinois car accident lawyer for legal help.

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During the ongoing COVID-19 epidemic, Essential Workers are on the front line and are being exposed to COVID-19 daily. Should you or a loved one be diagnosed with the virus, you may be entitled to benefits under the Illinois Workers’ Compensation Act. These benefits include payment of hospital expenses and medical care, payment of 2/3 of your lost wages and a recovery if your exposure to the virus results in ongoing medical conditions or permanent injuries. Essential Workers include any worker who has been required to continue working during the pandemic including, but not limited to, police officers, firefighters, medical personnel, restaurant workers, retail workers and factory workers. For a free consultation of your rights please contact RCK at 815-730-1977.

Authored by Attorneys Luis J. Magana and Nickolas M. Jerde

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In order to take advantage of the FFCRA Small Business exemption, an employer with fewer than 50 employees is exempt from providing: (a) paid sick leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons and (b) expanded family and medical leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons when doing so would jeopardize the viability of the small business as a going concern. A small business may claim this exemption if an authorized officer of the business has determined that:

  1. The provision of paid sick leave or expanded family and medical leave would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;  
  2. The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or  
  3. There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.

At this time, documentation should not be sent to the Department of Labor. Rather, the employer’s officer must prepare documentation explaining that one of the above-listed criteria has been met. Any documentation prepared in support of the election must be retained for at least four years.

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For those of you who applied for and got a Paycheck Protection Program Loan, remember that the SBA requires at a minimum:

  1. The money from the loan must be used within 8 weeks of being deposited into your account;
  2. You cannot spend more than 25% of the money on costs other than payroll;
  3. You must ask for the loan to be “forgiven”;
  4. If the loan isn’t forgiven, you must repay it within 2 years. 

Any questions you have about your PPP Loan, contact us directly at 815-730-1977. We are here to help!

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A Cook County jury has awarded $8 million to a man whose leg was amputated after a bus collided with him while he was riding his motorcycle.

A Cook County jury has awarded $8 million to a man whose leg was amputated after a bus collided with him while he was riding his motorcycle.

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