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Articles Posted in Workers’ Rights

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U.S. District Court Decides Future Earning Capacity for Railroad Worker Should Be Left to Jury

Lee Newsome sustained a serious injury to his right foot when a rail hanging from a crane fell on him. He was working for the Wisconsin Central Railroad. Newsome sued the railroad under the Federal Employers Liability Act (FELA) claiming that his injuries caused him a “loss of future earning…

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W.H.O. Declares Diesel Fumes Cause Lung Cancer

The World Health Organization has declared that diesel fumes cause lung cancer. The announcement is important for people who are exposed to diesel exhaust in their work places. In the announcement, experts said diesel fumes were more carcinogenic than secondhand cigarette smoke. Diesel exhaust now shares the W.H.O.’s Group 1…

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U.S. Court Finds Injured Worker Is Not a Borrowed Employee of Post Office – Fowler v. U.S.

An Illinois District judge denied the U.S. government’s motion for summary judgment on the basis that the government had failed to establish that the plaintiff’s claim was not valid in James D. Fowler v. The United States of America, 08-CV-2785. The U.S. government had attempted to prove that the plaintiff…

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Illinois Supreme Court Holds That No Relationship Needed Between Asbestos Exposed Person and Company – Simpkins v. CSX

It is commonly acknowledged that employers have a duty to provide a safe, healthy environment to their employees. If an employer fails to provide a safe environment, perhaps resulting in a work injury, then that employer may be held liable for the employee’s injuries. However, a new Illinois Supreme Court…

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Illinois Retains Jurisdiction Despite Defendant’s Motion to Dismiss for Inconvenient Forum – Fennell v. Illinois Central Railroad Company

The Illinois Appellate Court affirmed a circuit court’s ruling regarding the venue in a railroad employee’s personal injury lawsuit. While the railroad company had wanted to transfer the case to Mississippi, the Illinois courts supported the plaintiff’s choice of Illinois as the case’s venue. Fennell v. Illinois Central Railroad Company,…

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Chicago UPS Workers Pushed Too Far: Demand Reduced Workloads for Health and Safety

Given the state of today’s economy, it has become commonplace to hear about companies trying to cut corners, to stretch every dollar, and maximize their workers’ responsibilities. However, UPS workers are raising questions about what cost these continual raised expectations have on workplace safety and employee health. Like many companies…

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Illinois Railroad Worker’s Medical Experts Unable To Connect Cumulative Trauma Injury – Myers v. Illinois Central Railroad Co.

A former railroad worker found not able to pursue his Illinois railroad litigation case because his testifying medical experts were unable to identify the specific cause of the his injuries. The Illinois railroad litigation case was dismissed by the district court, a decision that was then affirmed at the appellate…

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Illinois Chemical Plant on Trial for Potential Brain Cancer Clusters Caused By Leaking Chemicals – Branham v. Rohm & Haas Co.

An Illinois chemical plant is denying allegations that toxins it dumped into the groundwater in the 1960s and 1970s is linked to a cancer cluster. Rohm & Haas Chemical Co. insists that the several brain cancer cases occurring among current or former residents near their Illinois plant are an unfortunate…

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Illinois ‘Popcorn Lung’ Case Receives 30.4 Million From Cook County Jury – Solis v. BASF Corp.

A recent Illinois personal injury lawsuit received a large verdict award, granting $30.4 million to the plaintiff in Solis v. BASF Corp., No. 06 L 12105. Several other parties to the Illinois work place injury lawsuit had settled with the plaintiff prior to trial for undisclosed amounts, but BASF Corp.…

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Truck Mechanic Settles Lawsuit Against Trucking Companies and Railroad

A recent Cook County work site injury lawsuit was settled for $3.375 million; Ortiz v. Cato Karabegovic, et al., No. 06 L 006651. Contributing to the settlement were two trucking companies, a truck driver, and a railroad company. The plaintiff, Ortiz, was a mechanic working at a railroad yard on…

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