Workers Compensation Attorney

Quinn signs workers' comp bill prompted by Mitchell crash

Gov. Pat Quinn on Monday signed a bill that prohibits workers convicted of reckless homicide or aggravated drunken driving from receiving workers' compensation benefits for injuries resulting from these crimes.

The bill, sponsored by state Sen. Bill Haine, D-Alton, and state Rep. Dwight Kay, R-Glen Carbon, stemmed from the deaths of two teenage sisters, Kelli and Jessica Uhl, both of Collinsville, in 2007. They died when a police cruiser driven by former Illinois State Police Trooper Matt Mitchell at 126 mph slammed head-on into their car on Interstate 64 east of O'Fallon. Mitchell, who was responding to an accident, was talking to his girlfriend on a cellphone and receiving text messages.

The Uhl sisters' mother, Kimberly Schlau, said: "I think this is an important step in eliminating the loopholes in the workers' compensation system. When he filed (for workers' comp), we were surprised to learn he was eligible to receive compensation benefits with a felony conviction. By closing this loophole, it is one less insult to our injury."

In March, Schlau testified before a Senate committee in support of Senate Bill 1147.

Mitchell pleaded guilty to reckless homicide and received probation. He was dismissed from the state police force. An arbitrator denied Mitchell's workers' compensation claim, ruling that he took unjustifiable risks, but Mitchell has appealed the denial. The legislation approved Wednesday would not be retroactive, and therefore would not affect the Mitchell case.

The arbitrator in the case, Jennifer Teague, who has since changed her name to Jennifer Carril, was placed on administrative leave and has since resigned following a series of investigative reports in the News-Democrat concerning emails in which she allegedly pushed for a speedy resolution to her own workers' compensation claim.

"I felt a personal obligation to get this bill through because this was an officer of the state who committed this terrible act," said Haine. "It is especially painful that a state officer committed this great wrong, an officer whose conduct took these innocent lives."

"Today, Gov. Quinn signed landmark legislation," Kay said. "Taxpayers will no longer be paying a person who was injured while committing a crime on the state's dime. Uhl's Law will prohibit the payment of workers' compensation claims if a felony conviction was obtained on the job.

"It's simply common sense that taxpayers and employers should not have to pay an employee for an injury that arises out of a commission of a felony while on the job. I am pleased Uhl's Law was signed by the governor in honor of the late Jessica and Kelli Uhl.

Workers' compensation claims spike in summer | Wilmington ...

It's been a long, hot summer. In North Carolina and other states the weather has been brutal and in some cases dangerous. It should come as no surprise, then, that the months from June to September are the ones when filings of workers' compensation claims peak. According to Travelers' insurance, the most common claims are for low back strain and other back-related injuries, and the injuries that can occur in slips and falls.

The company notes that this year marks the 100th anniversary of the first workers' compensation policies. A lot of things have changed since that first policy was written. Jobs have changed. Industries have undergone a revolution in production processes. And here in North Carolina the rules and regulations governing workers' compensation just underwent changes in some major and complicated ways. That makes it more important than ever to be sure you have experienced legal help if you have a compensation claim to pursue.

For its part, Travelers is offering some tips for reducing the risk of compensation claims. They're all geared toward business owners, of course, but workers might benefit from knowing them too. So here's what Travelers recommends.

Follow sound hiring practices - a summer uptick in business might mean a seasonal uptick in new or part-time workers on site. Statistics show that employees in their first year tend to incur more injuries than those who've been around awhile, so it pays for everyone to be committed to safety. Orientation and training - good attitude about safety doesn't count for much if workers don't know about and follow safe practices day to day. Owners are encouraged to set up good emergency procedures and to regularly remind workers about what steps to take when accidents do happen. Active supervision - owners are advised that they should follow up their policies, procedures and training with hands on oversight. Travelers officials call the promotion and supervision of safe practices a key component to reducing workers' compensation risk. Accident response - if processes aren't in place for when accidents happen, workers might very well be unable to get the care and attention they need. Owners have an obligation to be sure that employees know what to do to respond to emergencies. The faster care is delivered, the more swiftly an injured worker is bound to recover and return to the job.

It's important to remember despite all precautions work injuries happen. When they do, workers should know they have rights and that contacting an experienced attorney can help ensure they get all they are due.

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