Mississippi Injury Lawyer Blog

If we're to believe researchers, the economic downturn may just have some unforeseen benefits. A study in Florida purports to have found a potential link between a significant drop workers' compensation claims made by Tampa Bay construction workers and the loss of construction jobs. The study, which is to be released at the American Academy of Orthopaedic Surfeons' annual meeting, finds that traumatic orthopedic injuries dropped by 16 percent, and, HealthDay reporter Randy Dotinga writes, this may confirm a trend that surgeons have reported over the years.

Workers' compensation attorneys know that orthopaedic trauma resulting from falls on construction sites are is among workers. Such incidents can cause fractured ankles, shinbones and heel bones, according to study author Dr. Daniel S. Chan, staff orthopedic surgeon at Florida Orthopedic Institute in Tampa. Chan and his co-authors found that cases of orthopedic trauma indeed underwent a decline: from 2,065 in 2007 to 1,743 in 2009, a drop of 16 percent. The unemployment rate in the county rose correspondingly, from 4 percent to 10.7 percent. During that time, construction worker employment also fell - by a whopping 36 percent between 2006 and 2009.

The researchers still couldn't confirm a direct correlation between job loss and a decrease in injury, writes Dotinga, but they closely examined the number of trauma cases treated at the Florida Orthopedic Institute from 2001-2009 and then looked for corresponding factors reflecting the rise and fall of the economy during that same time span.

Continue reading "Less Jobs Equals Fewer Worker's Compensation Claims: Economic Downturn To Blame" »

Is everyone who is injured on the job entitled to receive workers' compensation? The Illinois State Governor answered this question in the negative when he signed Senate Bill 1147 into law on Monday, August 8, 2011. According to the new law, which passed the Illinois House of Representatives in May, with a 113-0 vote, those workers who are injured on the job while in the commission of a crime will not be able to file for workers' compensation in the state of Illinois. The relevant portion of the Bill states:

"[...]the term "employee" does not include a person or his or her dependents with a cause of action by reason of any injury, disablement, or death arising out of and in the course of his or her employment when that injury, disablement, or death occurred during his or her commission of a forcible felony, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or reckless homicide if that forcible felony, aggravated driving under the influence, or reckless homicide caused an accident resulting in the death or severe injury of another person. Effective immediately."

With this new law to take effect immediately, the question raised is: Is this a good law? Kimberly Schlau, the mother of two teens whose deaths spurred the passage of this law, would most definitely answer in the affirmative.

Uhl's Law, which is the name of this new workers' compensation law, is named for two teenage sisters, Jessica and Kelli Uhl, who tragically lost their lives in a car accident the day before Thanksgiving in 2007. The individual who caused this accident was Illinois State Trooper Matt Mitchell. Mitchell was traveling 126 miles per hour when he slammed into the car the Uhl sisters were driving. At the time, Mitchell was responding to an auto accident call. However, as he was driving at this high rate of speed, he was also talking to his girlfriend on his cell phone, receiving text messages, and looking at his computer. Mitchell was charged with, and plead guilty to, reckless homicide.

Despite being charged with a crime as a result of this tragedy, Mitchell sought to receive workers' compensation from the state of Illinois to compensate for the injuries he sustained as a result of the accident. Mitchell was able to do so, because he was injured while in the course of his employment as a State Trooper. It was Mitchell's attempt to collect workers' compensation in the aftermath of this tragedy which spurred Kimberly Schlau to advocate for the passage of a law which would prevent those who were injured on the job while engaging in criminal activity from collecting workers' compensation benefits.

Continue reading "When is an injured worker not entitled to Workers' Compensation benefits? " »