A Response To The Proposed Illinois Workers Compensation Reform

An interesting article was published last week in the State Journal Register  discussing the latest efforts by Republican legislators to stifle Illinois workers’ rights.

According to the Republican brass and the Illinois Chamber of Commerce, current Illinois Workers’ Compensation laws are prohibiting new businesses from starting up in Illinois.  Specifically, Todd Maisch, vice president of government affairs for the Illinois Chamber of Commerce, stated, “we think it (Illinois workers’ compensation ) is stifling job growth. The real insidious effect is that businesses are choosing to create jobs elsewhere.” 

Where is your proof Mr. Maisch?  Where are the studies to support these statements?   Specifically, tell us what businesses have left Illinois or are refusing to locate here because of our Workers’ Compensation system?  What other financial, political or legal constraints were prevalant at the time these supposed companies refused to move here or were forced to leave? 

The problem with blanket statements like the above is that they create stereotypes and assumptions about Illinois’ working class. It creates an assumption that workers are lying about their injuries or trying to defraud the system.  Statements like the above create stereotypes about Illinois workers  are lazy and are looking for a handout.  These stereotypes could not be further from the truth.  I would like these legislatures to meet my client that ruptured his lumbar discs at work lifting a 200 pound piece of equipment and has not been able to work for the last two (2) years. He has been ashamed and emasculated that he is no longer able to support his family.  There is nothing  in the world he would like to do more than to get back to work but his injury and doctors are not allowing him.  I would also like the legislators to meet my client that had a 1,000 pound tire crush his leg and foot.  Three surgeries later he is facing the proposition of having to take pain medication for the rest of his life, and will, no doubt, will never return to the construction trade.  This is not what he signed up for.  

My clients are not trying to defraud the system. They are merely trying to keep their head above water. When the chamber of commerce makes blanket statements, people begin to believe all injured workers  (including my clients) are looking for a free handout.  Nothing could be further from the truth.

If there are workers trying to defraud the system, then draft legislation that will prevent such acts. Do not strip away the rights of the truly injured.

Another portion of the proposed reform would allow employers to have the right to send injured employees to the doctor of their choosing.  This would be an extreme breach of the doctor-patient relationship and Illinois doctors agree.  “One of the biggest things they (proponents of reform) are looking at is taking away patient choice,” said Dr. Steven Malkin, president of the Illinois State Medical Society. “It’s the basic tenet of practicing medicine – the physician-patient relationship.”

By stripping away this right, I believe you are potentially sacrificing the patient’s health in order to save a few dollars.  Why not have an independent treating physician take care of the patient. It will ensure the patient/worker has a better chance of becoming whole and hopefully prevent future injury to the same body parts.

To me the suggested reforms are a fraud, not the workers.

If you or someone you know has been involved in an Illinois work accident  or needs to file an Illinois workers compensation claim , then call Chicago workers compensation attorney, Aaron J. Bryant for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com

Dangerous Car Accidents Occured In Chicago Over The Weekend

Snow, sleet and ice hit the Chicago area over the weekend, but police are saying the weather did not appear to be the cause of a huge nine (9) vehicle car crash . The car accident  took place on Sunday morning on the Dan Ryan highway near the Bridgeport neighborhood. According to Chicago Breaking News , six (6) people were taken to the hospital due to the car crash.  It was the second multi-vehicle accident that took place in Chicago over the weekend.

Regardless of the cause of the accident, remember to be wary of winter weather and black ice. Winter is not over and the roads are always dangerous.

If you or someone you know has been injured in a Chicago car accident or Chicago truck accident , then call Chicago car accident attorney , Aaron J. Bryant, for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com

Ford Motor Co. Pledges 1 Million Towards Safe Driving Campaign

The Ford Motor Company announced earlier this month that they are pledging another million dollars towards its’ campaign to promote safe driving for teens.  Ford is working with the Governors Highway Safety Association (GHSA), to expand its’ driving skills program at high schools throughout the country.

Starting this month, the Ford Driving Skills for Life (DSFL) National Tour takes free driving exercises, web-based training and materials on driving safety to 30 high schools nationwide to augment its community driving clinics and web-based training.

Ford developed Driving Skills for Life in 2003 in partnership with GHSA, delivering one of the nation’s most comprehensive teen driver safety programs.

This year, the expanded Ford program will reach high schools in these market areas:  Birmingham, Ala.; Little Rock, Ark.; Hartford, Conn.; Orlando and Tallahassee, Fla.; Atlanta; Shreveport, La.; Portland, Maine;  Boston; Jackson, Miss.;  Manchester, N.H.; Albany, N.Y.; Raleigh/Durham, N.C.; Providence, R.I.; Charleston, S.C.; and Burlington, Vt.

Ford DSFL builds young drivers’ skills in four key areas: driver distraction, speed space management and vehicle handling and hazard recognition. These four areas are contributors to more than 60 percent of teen crashes.

You can go to their website www.drivingskillsforlife.com to learn more about their safe driving program.

This is an innovative campaign promoted by Ford because it focuses on drivers at a young age, which hopefully will give them driving skills and knowledge that they can keep for a lifetime.

If you or someone you know has been injured in Chicago car accident  or Chicago truck accident , then call Chicago accident attorney  Aaron Bryant for a free consultation at 312-588-3384 or go to the firm website at www.blgchicago.com

New Contest For Teens To Promote Anti-Texting & Driving Campaign

A smart new campaign has been introduced by the National Road Safety Foundation and NSSP (National Student Safety Program), which is offering a $1,000 scholarship to the winning teen who creates the best idea for a public service announcement. Three runner ups will receive a $500 scholarship.  The aim of the PSA is to convince other teens to put down their phones when driving.  

“A quarter of all teens admit to texting behind the wheel and, in 2009, the highest proportion of distracted drivers in fatal crashes was under the age of 20,” said U.S. Transportation Secretary Ray LaHood. “We know we have to engage teens in order to put an end to distracted driving. With their help, we can educate teens and adults about making smarter choices that will save lives.”

This is a clever program, which I think could have a huge effect on young people if done right. Kids listen to each other first. If the PSAs are authentic and not made in a corny way, then I think this could go a long way in curbing texting and driving. 

Visit www.nrsf.org or www.adtsea.org/nssp for more information about the competition.

Should you or a loved one become involved in a Chicago car accident  or Chicago truck accident  then call Chicago personal injury attorney , Aaron J. Bryant, for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com.

IDOT Launches Safe Driving Campaign: “Drive Now. Text Later.”

The dangers of texting and driving  has been discussed numerous times on this blog. Despite all of the media attention and the change in the law banning texting and driving, it surprises me how many friends and clients still do not know about this law.

Apparently IDOT and other state organizations feel the same way about the awareness of the texting and driving ban. IDOT is determined to raise awareness as they recently launched a new campaign titled “Drive Now. Text Later.”  IDOT has joined forces with The Illinois Tollway, The Illinois State Police, Illinois Secretary of State and AAA Chicago in their implementation of this campaign.

The campaign features a series of three professionals: a school bus driver, an airline pilot and a surgeon and reminds drivers: “He should be focused… and so should you.” These images demonstrate the need to focus on the job at hand and that texting while performing other tasks can be dangerous and deadly – not just to yourself, but also to those around you.

“We were surprised to learn that so many of our customers were simply not aware that texting while driving is illegal in Illinois,” said Illinois Tollway Executive Director Kristi Lafleur. “This campaign is intended to remind us of the potentially deadly consequences that go along with texting while driving. Our customers need to focus on safe driving and remember that they can’t do both.”

The public awareness campaign will include: the placement of posters on tollbooths, in retail outlets, rest stops, oases and driver’s license facilities; radio and television public service announcements; bumper stickers and window clings; signage on roadway message boards; newsletter articles and other tools to help educate Illinois residents about the dangers of texting while driving. The campaign will also feature a Web site with downloadable public service announcements, print-ready fliers and posters, a fact sheet, tips to avoid distracted driving and links to other useful online resources.

Remember to put that phone down when you are on the road. It could save your life and those around you.

If you or someone you know has been involved in a Chicago car accident  or Chicago truck accident , then call Chicago personal injury attorney , Aaron Bryant, for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com

Driving Tips During The Blizzard

There is a blizzard upon us here in Chicago. In fact, it just started snowing outside and it probably will not stop until this time tomorrow. Experts are saying we could receive up to two (2) feet of snow in parts of the city by tomorrow afternoon. Weather reports are showing a blizzard warning throughout the midwest all the way to the east coast.

With this weather upon us it is important that not todrive. Take advantage of the CTA, Pace or Metra if you need to travel to work or somewhere else. If for some reason, you do have to drive, then follow these tips provided by FEMA :

  • Drive only if it is absolutely necessary. If you must drive, consider the following:
    • Travel in the day, don’t travel alone, and keep others informed of your schedule.
    • Stay on main roads; avoid back road shortcuts.
  • If a blizzard traps you in the car:
    • Pull off the highway. Turn on hazard lights and hang a distress flag from the radio antenna or window.
    • Remain in your vehicle where rescuers are most likely to find you. Do not set out on foot unless you can see a building close by where you know you can take shelter. Be careful; distances are distorted by blowing snow. A building may seem close, but be too far to walk to in deep snow.
    • Run the engine and heater about 10 minutes each hour to keep warm. When the engine is running, open a downwind window slightly for ventilation and periodically clear snow from the exhaust pipe. This will protect you from possible carbon monoxide poisoning.
    • Exercise to maintain body heat, but avoid overexertion. In extreme cold, use road maps, seat covers, and floor mats for insulation. Huddle with passengers and use your coat for a blanket.
    • Take turns sleeping. One person should be awake at all times to look for rescue crews.
    • Drink fluids to avoid dehydration.
    • Be careful not to waste battery power. Balance electrical energy needs – the use of lights, heat, and radio – with supply.
    • Turn on the inside light at night so work crews or rescuers can see you.
    • If stranded in a remote area, stomp large block letters in an open area spelling out HELP or SOS and line with rocks or tree limbs to attract the attention of rescue personnel who may be surveying the area by airplane.
    • Leave the car and proceed on foot – if necessary – once the blizzard passes.

Again, avoid driving if possible to protect yourself and others.  If you or someone you know has been involved in a Chicago car accident  or Chicago truck accident , then call Chicago accident attorney , Aaron Bryant, for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com.

Study Shows Improving Economy Leads To Traffic Congestion

I posted last week about the Texas A & M study that revealed the potential dangers of red light cameras in Chicago. The same study also revealed that the improving economy has led to more motorists on the road, which in turn, will lead to more car accidents .

The study revealed that commuters in Chicago and Washington suffered the most, losing 70 hours a year to traffic delays. Nationally, the average commuter wasted 34 hours in traffic in 2009 — up from 14 hours in 1982, the first year for which researchers have records.

The good news, researchers say, is that traffic also is a sign of prosperity.  “The tie between the economy and congestion is not unexpected,” said Tim Lomax, a research engineer with the institute.  “What we’ve seen on the regional level is mirrored in these numbers on the national level,” Lomax said.

Also like the economy, traffic still is not at pre-recession levels.  The study found that in 2007, the nation wasted 5.2 billion hours in traffic. A year later, when the recession peaked, the number plummeted to 4.6 billion hours. As the economy slowly recovered in 2009, the number climbed to 4.8 billion hours lost to traffic delays.

As always, try to keep a cool head while on the road and facing increased traffic jams. It will help keep you and other drivers safer. 

If you or someone you know has been involved in a Chicago car accident  or Chicago truck accident , the call Chicago car accident lawyer , Aaron Bryant, for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com.

Are Chicago Red Light Cameras Causing More Traffic Accidents?

The Huffingon Post reported recently that the much maligned red light cameras in Chicago could be making busy intersections more dangerous.  A Texas A&M study has shown that the red light cameras – – which result in shorter yellow lights – – are causing more car accidents .

The Texas A&M study found that “adding one second of yellow decreases crashes 35 to 40 percent and violations by 60 percent.” Longer yellows give drivers more time to stop, making them both less likely to crash and less likely to be caught running a red. Yellow lights across the city are timed at exactly three seconds, the exact minimum allowed by state and federal guidelines.  In tandem with the red-light cameras, these short yellows can make drivers hesitant as they approach intersections, and more likely to slam on the brakes when they see a yellow, said Barnet Fagel of the National Motorists’ Association. The cameras, he said in and appearance on “Chicago Tonight” are “making people drive under pressure and tension, and having their foot poised over the brake pedal.”  Fagel claims to have identified lights around the city where the yellow lights hovers around two-and-a-half seconds.

It will be interesting to see if the Illinois Legislature will attempt to ban (or at least limit) red light cameras. They are a revenue maker for cities and for the state, but the question the legislature must ask is if they are making intersections safer, which should have been the purpose for installing these cameras in the first place.

If you or someone you know has been involved in a Chicago car accident  or Chicago truck accident , then call Chicago car accident attorney , Aaron Bryant, for a free consultation  on your personal injury  case at 312-588-3384 or go to the firm website at www.blgchicago.com

Legislation Update: Illinois Workers’ Rights Remain Protected As Workers Compensation Bill Not Called

Last week a major victory occurred for the rights of Illinois workers.  The Illinois legislature decided not to call a bill that would have dramatically stripped the Workers Compensation rights of Illinois workers .

The bill in question would have made the following dramatic changes to the Illinois Workers Compensation Act :

Limiting The Choice Of Doctor

This proposed legislation limits the injured worker’s right to choose a doctor by automatically sending them to the company doctor of choice.  The “company doctor” has the financial incentive to get the employee back to work as soon as possible, instead of as safely as possible; this means that necessary tests may not get ordered, procedures may not be preformed, and specialist visits may be limited.

Utilization Review (UR)

UR creates presumption in favor of UR which will be almost impossible to overcome.  It takes away treating doctors discretion to determine the best treatment for an injured worker.  This is a one-size-fits-all solution to an issue that demands individualized attention and treatment.

Changes In Wage Differential Claims

 Significant caps (67 years of age or 5 years) and reviewable for economic change 4 times per year. Wage differential is designed to preserve the earning power of an employee injured at work by partially making up the difference in the lost wages after the injury.  These workers no longer have the ability or opportunity to earn the wage they once did.  Wage beneficial benefits help make up some of the difference of lost wages due to a workplace injury.

Reduction of Medical Fee Schedule

This legislation reduces the medical fee schedule for procedures and services rendered by doctors and hospitals.  This reduction will result in fewer doctors wanting to treat patients on worker’s compensation.

Fortunately this bill was never called for a vote by the Illinois Speaker of the House at the end of the legislative session. The above proposals would have chipped away the two (2) most important worker protections: proper medical treatment and compensation to make the injured worker whole. The Illinois Workers Compensation Act was designed a long time ago to protect injured workers  and it is our duty as Illinois residents to continue to protect these rights.

If you or someone you know has suffered from a work accident  or believe they have an Illinois Workers Compensation  case, then call Chicago work comp attorney , Aaron J. Bryant, for a free consultation  or go to the firm website at www.blgchicago.com

Advanced Safety Features Are Becoming Available On Affordable Cars

The Tampa Bay Online newspaper published an interesting article recently, which discussed the advanced safety features that are now added to affordable cars. In the past, it took years for the less expensive vehicles to catch up with the Merecdes and BMWs of the world when it came to features like the air bag.

According to the article, vehicles like the Ford Fusion and Mazda 6 are including numerous safety features that are preventing car accidents. Below are some of the new features available that are no longer costing consumers an arm and a leg:

Traction/Stability Control

Traction control detects if a wheel slips, and then automatically compensates by giving more power to other wheels, helping the car avoid spinning out of control. Electronic Stability Control takes this a step further, and analyzes the shape and weight of the car, and even the terrain or road incline, to control all four brakes better and prevent a spinout or rollover.

ESC can cut the risk of a fatal single-vehicle crash by 49 percent, and cut the risk of a rollover in an SUV by 75 percent, according to research by the Insurance Institute for Highway Safety.

Blind Spot Cameras

Wide-angle cameras around the car link to a dashboard display, and show you everything that’s happening around the car. Backup cameras in the rear help avoid the nightmare scenario of hitting a child you didn’t know was in the driveway behind you.

Child Control Features

Look for more features to come on the market that try to control teen drivers. Ford’s new MyKey system uses specific keys for each driver, and can limit things like top speed or stereo volume. (It can even block explicit channels on satellite radio.)

For all-electric car versions, the system will adjust projected range based on that driver’s past habits – heavy or light on the accelerator. And for parents, you may want to consider new phone apps or messaging systems that keep closer ties on young drivers.

Slow Vehicle Sensors

Some new model cars have forward-looking sensors that detect when a car ahead has slowed suddenly. The system then mathematically calculates if you can’t avoid the crash without help and sends up a warning.

Ford and Lincoln have systems that will flash red lights on your dashboard and increase sensitivity on the brakes. Volvo’s “City Safety” system will automatically apply the brakes – handy in the scenario when you’re distracted with a spilled cup of coffee or a kid in the back seat.

Sleeping Sensors

“Attention Assist” that detects the minor steering shifts common in drowsy drivers, and bleeps an alarm if the system suspects you’re nodding off.

A number of car makers have started installing “lane drift” sensors in upper-tier cars. Generally, they use forward-looking cameras to track lane markers on the road, and warn the driver if they drift out of their lane, sometimes with a bleep or a small vibration on the steering wheel. Mercedes, Buick, Cadillac, Hyundai, Volvo and others now offer this feature, so look for this soon on lower-priced models.

These are all new features that are now or will soon be available to the middle class and should help prevent car crashes .

If you or someone you know has been involved in a Chicago car accident  or Chicago truck accident , then call Chicago accident attorney , Aaron Bryant, for a free consultation  at 312-588-3384 or go to the firm website at www.blgchicago.com