At one time in our working career, many of us have worked in the food service industry. It’s practically a rite of passage as a teenager’s first job, pays tuition for numerous college students, and serves as a full-time career for many adults. In fact, approximately 9.7 million people in the United States work in the dining and beverage service industry. Though there are many advantages to these jobs, there are multiple drawbacks as well. Long hours, sore feet, and demanding customers are just a few of the downsides of the industry. A greater concern, however, is the number of safety and health hazards faced by food service workers.

In 2010, the Department of Labor Statistics noted that an average of 3 of every 100 food service workers were injured or sickened on the job. This equates to thousands hurt at work per year, but this figure only includes full-time workers. In an industry where part-time work is prevalent, the actual number of workplace injuries is likely much higher. Additionally, over 100 food service workers are killed annually on the job. Safety organizations stress the importance of education to reduce injury for food service workers. It is vital that workers are aware of the risks most commonly present in their workplace.

Slips and Falls: Slips and falls are extremely common injuries in this industry. Food service usually requires fast-paced movement carrying heavy loads, which easily leads to collisions or tripping. Cooking oil residue and spilled foods or liquids are prevalent, causing hazardously slippery floors.

Burns and Scalds: From the kitchen to the dining room, workers are regularly exposed to hot cooking utensils and ovens, open flames, cooking oil, hot water and steam, as well as hot foods and liquids. As a result, food service workers are highly at risk for burn or scald injuries.

Workplace Violence: As with many industries, these workers are at risk of violence from both customers and coworkers. Dealing with the public increases the risk for encountering irate customers who threaten or use violence. The high availability of cash, especially for counter service restaurants, means that such workers are more at risk for robbery and assault.

Cuts and Punctures: Food service almost always means the presence and use of sharp knives, tools and appliances. Additionally, glass and dishware is frequently broken by workers and customers. As a result, food service workers are especially at risk for accidental cuts and punctures. These types of injuries are among the most prevalent and serious in the industry.

Sprains and Strains: Food service work is a fast-paced job, often requiring considerable time standing, walking, bending and lifting. Many of these workers end up with muscle and joint injuries. Servers and bussers, for instance, often must lift and carry very heavy loads of plates and drinks, leading to back and shoulder strains, knee injuries, and wrist injuries like sprains and carpal tunnel syndrome. Kitchen supplies are often bulk-sized, at times injuring workers who must lift or move them. Additionally, repetitive stress injuries from pivoting, reaching and/or fine hand movements are frequently a problem among food service workers.

From cashier to chef, waiter to busser, food service workers at all levels face multiple on-the-job risks. Through education and strict observance of safety procedures, however, their workplace can be a healthy one. Those who have been injured at work should also be aware that they may be eligible for workers’ compensation benefits. Injured workers may contact a Chicago workers compensation attorney for more information.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation lawyers that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation attorney,please visit www.millonpeskin.com.

Depending on who you are, a visit to the symphony can be described in many ways. “Inspiring,” if you are a classical-music lover; “boring,” if you are not. Most, however, would agree a night at the symphony is a sophisticated event, with an expectation of refined etiquette from its audience. So it’s easy to imagine that readers of the Chicago Tribune newspaper did a double-take upon reading its recent headline: “Fight Night At Chicago Symphony Orchestra”.

According to the paper, a fight broke out in the middle of a recent performance of Brahms’ Symphony No. 2. As the orchestra was drawing towards the end of the second movement, loud noises were heard overhead in one of the reserved box seats. Despite the fact that these box seats are considered the domain of the upper-crust of society, an argument over seats had descended into the ranks of a back-alley brawl. Following a heated discussion, one “gentleman” in his 30’s repeatedly struck a 67-year old man then fled the theater before police arrived. The victim suffered a cut to his head, but declined further medical treatment. The orchestra, itself, never missed a beat.

While this story is surprising to most and amusing to some, the reality is that such assaults occur far too regularly. Of course, one can safely assume a trip to the symphony is usually free of assault and battery, but what about a drive down the road, a walk to the store, or a normal day at school or work? Almost all of us can recall a moment where we or someone we loved was threatened or attacked during a seemingly day-to-day activity. For example, frightening incidents of road rage have been experienced by most drivers. Approximately 1.7 million workers annually are victims of violence at work according to a study by the U.S. Justice Department. And in schools, bullying is common, ranging from verbal taunts and threats, to physical assaults. Recently in California, for instance, a 10-year old girl died as the result of a blow to the head during a school-yard fight. Sadly, the reality is that regardless of lifestyle or location, you can’t completely prevent the possibility of such events. But there are important steps you should take if you are a victim.

First, always report any kind of assault and/or battery to an authority such as police, even if only threats were involved. Not only may this possibly prevent any further escalation, it may provide important documentation of the event. Second, if a physical altercation took place, always seek medical help. Seemingly mild injuries can actually be far more serious than originally thought, especially blows to the head. This too will provide important documentation. Also, take pictures of any injuries or damages to property to record the occurrence, and get the names of any witnesses if possible. Third, consult an Illinois personal injury lawyer. It’s important to know that whether or not your attacker is charged with or found guilty of criminal activity, you still may have grounds to file civil charges. A civil suit may help you to recover such things as medical expenses, damages to yourself or to your property, and may provide you with an important sense of justice.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation lawyer,please visit www.millonpeskin.com.

One thing is certain when an economic crisis hits – jobs become scarce and people become desperate for work. This was especially true during the Great Depression, when unemployment in the United States averaged 25%. As the need for jobs increased, not only were more workers willing to take riskier employment, fewer employers were making the effort to ensure worker safety. Few events highlight this more than the Hawks Nest Tunnel disaster where hundreds of workers died or were sickened by exposure to silica dust. This tragedy not only raised awareness of silicosis, a dangerous occupational disease, but helped to improve safety standards and working conditions for all workers today.

Silicosis is a lung disease caused through the inhalation of silica dust. Silica, a crystal found in rock, often becomes ground into tiny particles during processes such as mining, tunneling, sandblasting and construction. These particles are easily inhaled, and can lead to permanent and potentially deadly damage to the lungs. Silicosis, in fact, is known as one of the world’s oldest occupational diseases. So by 1930, when construction began on the Hawks Nest Tunnel in West Virginia, the dangers of silica dust were known. Additionally, tests of the site had already shown that the rock through which they would be tunneling contained high silica content. Yet, not even the minimum safety standards of the day to protect workers from silicosis were followed during its construction. While upper management and engineers were warned to wear masks when visiting the site, workers were not provided with any sort of protection. Lack of ventilation and dust suppression procedures meant the air was often so thick with silica dust it was difficult for workers to see. As a result, before construction on the tunnel had even finished, workers began to sicken and die.

While there is no way to know the exact number of workers affected, one congressional hearing cited 476 deaths, and another study suggested a death toll as high as 764. Sadly, it’s impossible to determine the real scope of the tragedy. Damage caused by silicosis may not emerge for years after exposure. Coupled with the fact that most of the mine’s workers were highly transient, tracking of the illness was extremely difficult. Regardless, news of the disaster began to spread, eventually leading to several lawsuits and an investigation in 1936 by the U.S. House of Representatives. Ultimately, the tragedy drastically increased awareness of the dangers of silica exposure and occupational diseases in general. By 1937, laws relating to workers with silicosis had been enacted in 46 states.

Today, cases of silicosis are far lower than in the past. The Centers for Disease Control states that from 1968-2002, silicosis-related deaths dropped 93%. However, a report by the Occupational Safety and Health Administration approximates that annually over two million workers in the U.S. are still exposed to silica. The World Health Organization estimates that annually 300 U.S. workers die from its effects, but suspects that many more cases go undiagnosed. And silicosis is just one of many occupational lung diseases effecting workers. Illnesses caused by exposure to workplace hazards like dusts, carcinogens, and toxic fumes continue to be far too common. Yet even today, many workers are still stymied by outdated laws when proving their illness is work-related. If you believe you have a work-related illness or injury, contact an Illinois workers compensation attorney for help in getting the treatment and benefits you need.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation lawyers that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation attorney,please visit www.millonpeskin.com.

Most workers today have heard of the condition known as carpal tunnel syndrome. While a few decades ago the injury was not well known or understood, now even those outside the medical community are aware it is a common and damaging workplace injury. However, many are still unaware that carpal tunnel has a sibling. This injury, known as tarsal tunnel syndrome (TTS), is very similar in cause and symptoms, but affects the leg and foot rather than the arm and hand. And though it is also a fairly common injury, lack of awareness about the condition among workers too often means that their pain goes unreported and untreated.

Like carpal tunnel syndrome, tarsal tunnel syndrome (TTS) is caused when a vital nerve becomes compressed. In carpal tunnel syndrome this occurs when a major nerve leading from the arm into the hand experiences an unnatural amount of pressure at the wrist. But in TTS, it is the tibial nerve which leads from the leg into the foot that becomes compressed at the ankle. The tarsal tunnel itself is a narrow opening in the ankle through which a bundle of nerves, tendons, arteries and muscles pass. While the tunnel offers protection to these delicate parts, there is also little extra room in this confined space. If illness or injury creates inflammation or swelling of the area, the tibial nerve can be easily compressed, leading to painful and debilitating symptoms.

Symptoms of TTS typically affect the areas of the foot and ankle, but can radiate into the calf muscles. Symptoms may include: feelings of burning, tingling, pins and needles or “shocks”; numbness or increased sensitivity; pain; hot or cold sensations; swelling and inflammation; weakness and/or loss of range-of-motion.

For workers, it is vital to determine what has caused their TTS before they can receive workers compensation benefits. Compression of the tibial nerve in the tarsal tunnel can be caused by a number of factors, including illnesses like diabetes, cysts or tumors, sudden injury and/or repetitive stress of the area. Work-related TTS can be caused by everyday occurrences like standing and walking on uneven surfaces; repetitive motion, such as work that requires you to constantly pivot, flex or rotate the ankle or foot. And falls or stumbles which sprain or damage the ankle or foot are common causes of TTS in the workplace.

Luckily, tarsal tunnel syndrome is often treatable. Depending on severity, treatment can include rest, medication, physical therapy and/or surgery. If left untreated, however, TTS may worsen, potentially leading to nerve damage, deformation, ulcers and infections, and/or permanent damage. If you have symptoms of TTS, contact your physician immediately. If you believe you have work-related TTS, contact a Chicago workers compensation lawyer who can help.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation lawyer,please visit www.millonpeskin.com.

From play dates to sleep-overs, through their lifetime your child will likely spend a lot of time at friends’ homes. As separation anxiety fades, these visits get easier for both of you as your child ages. And yet, every new household brings a new set of risks. While it’s important to encourage your child’s independence, it’s equally important to make certain they are entering a safe environment. Most parents know to ask basic questions about supervision, house rules, etc. before entrusting their child to another household. But too often they fail to consider those areas of risk that are often responsible for childhood accidents in a home. To ensure the safety of your child at all ages, discuss these common household hazards with any adult whose home your child will be visiting.

Animals

There is a reason why home insurance providers ask applicants if they have a dog. Animals, no matter how domesticated, can be a safety risk. Many times owners are stunned when even a friendly family pet of many years has suddenly attacked someone. And a new person in a household can easily provoke nervousness in an animal, causing them to lash out. Ask about the presence of household animals, and if they have any history of aggression.

Firearms/Weapons

Regardless of your stance on firearms or other weapons, always ask if any are present in a household your child visits and how these items are secured. Ask if the parent allows their child to use such items, including BB guns. If so, and this is not something you are comfortable with, find out if the parent will prevent their use while your child is in their care.

Pools

Accidental drownings are a very real danger in homes with pools or water features. For younger children, check that access to such areas is prevented by gates or doors with child-safety locks. Ask how children will be supervised while swimming. Also, diving boards and water slides offer increased risk of injury. Either ask that your child not be allowed to use these features, or make certain you and the homeowner have adequate insurance to cover any personal injuries.

Toys

Asking what toys your child will be playing with may seem like overkill. But some toys come with bigger risks. For instance, insurance providers ask if households have trampolines and bike/skate ramps because these “toys” lead to so many accidents. It’s important to know that if bikes and skates are used, use of safety equipment like helmets is required. Additionally, while other parents may allow their children free use of motorized items like three-wheelers and golf carts, you likely have different ideas of what is safe. Therefore, always ask if such “toys” are present and the rules for their use. If you are uncomfortable, ask if the supervising parent will prevent your child from using them.

Poisons and Intoxicants

For younger children, ask how toxic substances like cleaning supplies and medicines have been secured in homes they are visiting. Particularly for older children, another difficulty is limiting their access to items like prescription medications and alcohol. Even more challenging is the fact that some parents allow underage drinking in their home. While you can’t assume a parent will honestly admit this, you should always express to them your own beliefs and rules. Be direct that you do not allow your child to drink and will report to the police any adult who knowingly does.

Parents may be hesitant to ask such questions because they do not want to appear to be overprotective or insulting. But such discomfort is worth ensuring your child’s safety. If the unthinkable happens and your child is injured in another’s home, remember that you may have options for help with medical costs, as well as pain and suffering. Contact a Chicago personal injury attorney who can assist you.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation lawyers that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation attorney,please visit www.millonpeskin.com.

From January to April, most in the United States are witness to three seasons: winter, spring and tax season. Whether April still has you shoveling snow or mowing your lawn for the first time, in all parts of the country people will be shifting through receipts and mounds of paperwork as the dreaded deadline for filing your taxes looms. Often, we are most thrown when filing for the first time after a new life event. Perhaps you had your first child, retired, changed jobs or lost your job – your tax forms will be different this year. And one of the most confusing life changes comes when you have been injured on the job. While you may be used to filing for your regular income, many are unprepared for how workers’ compensation will affect their taxes. It is helpful, therefore, to understand the current taxing regulations on workers’ compensation income.

In publication 17 (2011), the Internal Revenue Service (IRS) addresses the issue of whether workers’ compensation payments are taxable. And it’s largely good news for injured workers. The guide states:

“Amounts you receive as workers’ compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers’ compensation act or a statute in the nature of a workers’ compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury.”

In short, you usually are not required to pay taxes for most payments you’ve received as part of your workers’ compensation claim. Even those benefits received by your survivors are often free from taxes. However, even if you had to retire early as a result of your injury or illness from work, retirement payments are taxable. Another exception occurs if the social security or retirement benefits you receive are reduced by workers’ compensation. This amount is considered social security and/or retirement, and you may be required to pay taxes on this income.

Also, if you are able to return to work while receiving workers’ compensation, such as for light-duty work, any regular salary payments you receive are considered regular income and are taxable as such.

The publication does make distinctions between regular workers’ compensation and Railroad Sick Pay and Federal Employees’ Compensation Act (FECA) payments. Consult with the IRS or a tax professional for further information.

Further tax considerations may also apply for workers injured on the job, such as for medical payments, compensation for damages or loss of income. Each case is different, so be certain to thoroughly research your personal claim and taxing situation. If you have been injured on the job, be sure to discuss your concerns or questions with your Chicago workers compensation lawyer when filing a claim for workers’ compensation.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation lawyer,please visit www.millonpeskin.com.

When a worker files a workers’ compensation claim, a major hurdle can be proving that the injury or illness was caused by or at work. Too frequently, the employer and/or insurance provider may try every means possible to deny responsibility. One tactic is to deny a claim by stating that the injury or illness is due to some factor other than those at work. But a recent ruling by the Illinois Appellate Court may help workers whose claims are wrongly denied on the inflated basis of preexisting or mitigating factors.

William Gross worked for the Freeman United Coal Mining Company for nearly forty years until 2003. Beginning in 1999, he began to notice breathing problems. He noted that, “there was often so much coal dust blowing around in the area the coal was loaded that he could not see.” As time progressed, his ability to perform regular activities such as walking, exercising, chores and hobbies became limited by shortness of breath. In 2005, he filed an adjustment of claim for benefits under the Workers’ Occupational Diseases Act. In the application, he stated that he received lung injuries as a result of “inhalation of coal mine dust including but not limited to coal dust, rock dust, fumes and vapors.” Among workers in coal mines, illnesses like black lung disease and chronic obstructive pulmonary disease (COPD) are often more common as a result of the cumulative effect of breathing in coal dust.

Gross’s physician, Dr. Houser, diagnosed him with mild COPD caused by long-term inhalation of coal and rock dust combined with Gross’ past use of cigarettes. Dr. Houser, a pulmonary specialist and medical director for a hospital specializing in black lung disease, noted, however, that even in nonsmokers he had seen similar damage in those exposed to coal dusts.

Gross’ employer requested his records be reviewed by another physician, Dr. Renn. Dr. Renn, who never actually examined Gross directly, disagreed with the diagnosis, instead diagnosing him with mild emphysema from tobacco smoking. He stated, “None of his diagnosis were either caused, or contributed to, by his exposure to coal mine dust.” He admitted, however, that smoking and dust inhalation damage is indistinguishable from one another on a cellular level and that COPD can have multiple contributing factors. He also failed to explain how testing could or would differentiate between COPD caused by smoking versus coal dust.

In 2008, a Workers’ Compensation Commission arbitrator denied Gross’ claim, finding that his illness was not an occupational illness. Gross appealed this finding to the Appellate Court, citing “the Commission erred in accepting the opinion of Dr. Renn that coal dust exposure did not contribute to cause his COPD when Dr. Renn failed to give an adequate explanation of the basis of his opinion.”

The Appellate Court agreed. Specifically, they acknowledged that Dr. Renn gave no evidence to support that smoking was solely to blame for Gross’ illness. As Dr. Renn agreed that smoking and dust exposure both contribute to lung disease, and that there was no way to determine if one was to blame over the other, he could not have sufficiently shown coal dust was not totally or partly to blame for Gross’ medical problems.

As this case shows, when it comes to proving their injuries are real and significant, workers are too often treated as though they are “guilty until proven innocent.” Their employer and/or insurance provider hopes that with enough resistance, an injured worker will give up his or her claim. With the help of a legal advisor, however, many such workers are able to successfully receive the care and benefits they deserve. If you’ve been injured at work, contact a Chicago workers compensation attorney who can assist you.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation lawyers that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation attorney,please visit www.millonpeskin.com.