Chicago, IL -- (SBWIRE) -- 05/02/2014 -- According to a prominent Chicago work injury attorney, construction workers face a great risk for work injuries and fatalities.

"Construction is one of the most dangerous industries for workers, and far too many people suffer serious injuries or even death while on the job," said attorney Robert Briskman, who handles work injury cases.

According to data from the U.S. Department of Labor's Bureau of Labor Statistics, 775 workers in the private construction industry were killed on the job in 2012 (the most recent year for which complete statistics are available). This figure represented a five percent increase from 2011, when 738 workers in the construction industry were killed. Construction accidents accounted for 19.6 percent of the 3,945 worker fatalities in private industry in 2012. Overall, 4,383 workers died on the job in 2012.

In the 2012 construction industry, there were 3.7 total recordable cases of illness or injury per 100 full-time workers. Two cases per 100 involved days away from work, job restriction or transfer.

The four main causes of worker fatalities in the construction industry are known as the "fatal four." Together, they account for 56 percent of construction deaths. Falls accounted for 278 of 775, or 36 percent of total deaths in construction in 2012. Seven-eight deaths, or ten percent of the total, were caused because a worker was struck by an object. Electrocutions caused 66 deaths, or nine percent of the total, and 13 of those who died were caught in or between objects, accounting for two percent of all construction fatalities.

Construction accidents often involve violations of safety standards, including failure to provide proper fall protection, respiratory protection or hazard warnings. Accidents may also involve defects in the construction of scaffolding and ladders or errors in electrical wiring methods.

"The number of injuries and deaths suffered by construction workers is unacceptable, particularly given the fact that so many of the causes are preventable," said Briskman. "Construction accidents are often the result of negligence on the part of employers, manufacturers and other third parties, and, in those cases, injured workers may be entitled to compensation."

Learn more at http://www.briskmanandbriskman.com/practice-areas/construction-accidents/

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Chicago, IL -- (SBWIRE) -- 03/31/2014 -- A recent report shows that temporary blue-collar workers are at greater risk for work injuries than their permanent counterparts.

The report, issued by the nonprofit group ProPublica, found that the increase in the use of temporary workers in warehouses, factories and construction sites has resulted not only in lower wages for workers, but higher rates of injury and death as well.

"Blue-collar workers have always been at risk for on-the-job injuries," said Robert Briskman, a Chicago work injury attorney. "Unfortunately, temp workers in blue-collar fields are at an even greater risk."

The temp industry has grown substantially in recent years. Temp firms now employ a record 2.8 million workers and account for a fifth of total U.S. job growth since the official end of the recession. The ProPublica study found that 47 percent of temporary workers were working blue-collar jobs (up from 30 percent in 1993). With the rise in the use of temporary workers, the risk of injury has also increased.

The ProPublica report analyzed 3.5 million workers' compensation claims in five states over five years. Because there are no federal statistics on injuries to temporary workers, and because state records are often incomplete, the organization focused on five states with good records that represented one in five Americans.

One of the key findings of the report is that temporary workers in the five states were at greater risk of injury than non-temps, ranging from a 36 percent higher risk in Massachusetts to a 72 percent higher risk in Minnesota. The study also found that the problem is getting worse, as the claims rates for temporary workers increased in four of the five states, while claims for non-temporary workers remained steady or dropped.

The report said that the risk to blue-collar temporary workers was almost surely understated, as temporary workers are much less likely to report workplace injuries or hazards. Due to the temporary nature of their employment, many such workers hesitate to speak up about such matters because they worry that it will affect their ability to be rehired.

In addition, the report said that the use of temporary workers subverts the economic incentives that are supposed to be present in the workers' compensation system. In that system, safety is encouraged because companies with lower injury rates pay lower workers' compensation insurance premiums. When temporary workers are used, the temporary employment firm pays the insurance premiums, and the actual workplace has a reduced incentive to promote job safety.

Learn more at http://www.briskmanandbriskman.com/practice-areas/workers-compensation/

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Chicago, IL -- (SBWIRE) -- 02/27/2014 -- As of January 1, 2014, Illinois' new law banning the use of handheld cell phones while driving has gone into effect. Officials hope the law will decrease auto accidents and clarify the existing patchwork of local laws.

"There is no doubt that cell phone use and other types of distracted driving cause many accidents," said Paul Greenberg, a car accident attorney with Briskman Briskman & Greenberg.

According to the National Safety Council, an estimated 1.6 million auto accidents involve cell phone use, including texting, each year.

Under the new law, motorists will still be able to use their cell phones if they use a hands-free device. Otherwise, they must pull over to conduct a conversation — or face a fine. In enacting the law, Illinois has joined the company of about a dozen other states with similar restrictions.

The new state law is also expected to relieve some of the confusion that arose from the variety of differing local laws.

In the summer of 2013, law enforcement officials in Highland Park, Lake Forest, Highwood, Deerfield, Winnetka and Waukegan engaged in a special enforcement effort against cell phone use while driving. They issued more than 700 tickets during three five-day periods. The citations were based on each set of local ordinances and existing state law, which prohibited texting and driving as well as cell phone use in school zones.

Police have said that the new law will make enforcement easier, as drivers from out of town will no longer be able to claim that they are unaware of the law.

The new law, however, is not a cure-all. According to a study by the Insurance Institute for Highway Safety, using a hands-free device to conduct a cell phone conversation while driving can be just as dangerous as using a handheld device while driving, because the driver's attention is still on something other than the road.

Under the new law, a first offense carries a fine of $75, and repeated offenses can cost a driver as much as $150. A driver's license can be suspended after three moving violations within a year. The law contains an exception for emergency calls.

Another measure that went into effect January 1 increased penalties for drivers whose cell phone use causes a crash that results in injury or death.

Learn more at http://www.briskmanandbriskman.com/practice-areas/chicago-car-truck-accident-lawyers/

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Chicago, IL -- (SBWIRE) -- 01/27/2014 -- Johnson & Johnson has settled 8,000 hip replacement lawsuits for $2.5 billion.

The lawsuits involve allegedly defective DePuy hip implants. An additional 4,000 to 5,000 lawsuits remain unresolved, as the settlement covers only patients who underwent surgery to remove the devices.

"The size of the settlement in this case is a reflection of the severity of the injuries and the large number of plaintiffs," stated Paul Greenberg, a Chicago personal injury attorney not involved in the litigation.

DePuy Orthopedics, a subsidiary of Johnson & Johnson, began selling the ASR XL metal-on-metal devices eight years ago. The current plaintiffs are patients who had to have replacement surgery after implantation, and their settlement amounts are based on the amount of time the devices lasted before they were replaced.

Plaintiffs who had replacement surgery five years or less after implantation of the devices will receive the maximum settlement amount of $250,000. For five to six years, the amount will be a maximum of $225,000; six to seven years, a maximum of $200,000; and seven to eight years, a maximum of $175,000.

Johnson & Johnson has agreed to pay medical expenses separately, and experts say this could add an additional $500 million or more to the total settlement cost. The cutoff date for replacement surgeries covered by the settlement is August 31, but patients who receive replacement surgery after that date still have the right to sue.

Before the devices were recalled in August 2010, the British Orthopedic Association, British Hip Society and Australian National Joint Replacement Registry gave multiple warnings to DePuy about the failure rate of the devices. DePuy's own internal documents indicated that for 40 percent of patients, the hip replacement devices would fail within five years.

Non-replacement health hazards are excluded by the current settlement. There are allegations that the abrasion of the implant's metal parts sheds metal into surrounding soft tissue and bone, possibly causing poisoning of major organs and damage to the central nervous system. These and other issues will be addressed in the lawsuits that remain outstanding.

Learn more at http://www.briskmanandbriskman.com/practice-areas/medical-malpractice/.

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Chicago, IL -- (SBWIRE) -- 12/13/2013 -- A settlement has been reached between the NFL and former players over brain injuries.

In the settlement, the National Football League agreed to fund $765 million worth of concussion-related compensation, medical exams and research for the retired NFL players and litigation expenses, according to documents filed with the U.S. District Court in Philadelphia.

"This settlement will help former players and their families, and fund research into traumatic brain injuries," said Paul Greenberg, a Chicago brain injury attorney not involved in the case.

The case involved more than 4,500 plaintiffs, including 245 former Chicago Bears players. The issue of NFL brain injuries was thrown into sharp relief in February 2011 when former Chicago Bears player Dave Duerson committed suicide with a gunshot to the chest, saying that he wanted his brain to be used for research into chronic traumatic encephalopathy, one of the neurodegenerative diseases linked to brain injuries.

Kevin Turner, a former NFL player who suffers from ALS, said that the settlement would bring help for those who are hurting, and that it meant that the NFL was standing up for former players who have suffered brain injuries.

The lawsuit centered on allegations that the NFL was deliberately spreading misinformation about brain injuries through its Mild Traumatic Brain Injury Committee, including ignoring scientific data about the risk of concussions.

The plaintiffs alleged that NFL actions—including promoting studies that showed no link between concussions and long-term brain injuries—led to players being misinformed about the risks they were taking in playing football with the league.

Tia McNeill, the ex-wife of Fred McNeill, a former Minnesota Vikings player with symptoms of early dementia, said that she believed that the lawsuit was settled quickly because the NFL was afraid of what would be revealed in the discovery phase of the case.

Because the case settled before the discovery phase, there is no way to know what the NFL knew or did not know about the risks players faced. The NFL has recently strengthened player conduct rules intended to reduce injuries, but critics have said that these steps should have been taken years ago.

Tia McNeill said that her ex-husband may not fully comprehend the impact of the settlement, due to his early dementia.

Learn more at http://www.briskmanandbriskman.com/practice-areas/chicago-brain-injury-lawyer/

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