Falling for Dangerous Promises of Workers' Compensation Reform

This case is especially important to note because of the reforms Governor Rauner is currently proposing.

This past week, OSHA completed their investigation of Sherwood Tower Services following the August 2014 death of a 49-year-old-man who perished after falling nine stories while he was painting a communications tower located in Stockton, Illinois. The long-time employee fell while repainting the tower as part of the services the company provides to telecommunications providers throughout the state.

Due to the inherent risks of tower maintenance, companies servicing towers are required to provide safety equipment and maintain rigid safety protocols designed to prevent such tragedies. In the case of Sherwood Tower Service, they failed to do so which has resulted in OSHA placing them into their Severe Violator Enforcement Program.

Sheldon I. Minkow, a workers compensation attorney in Chicago opined, "In 2014, 12 people who work in the tower service industry died while working on the structures that keep our communications flowing. Most of these deaths occurred due to falls that could have been prevented by providing workers with adequate safety equipment."

Following the accident, OSHA's inspection determined that Sherwood Tower Services determined that the positioning device harness used by the worker was visibly worn, damaged, and difficult to operate due to an accumulation of paint that had built up on the surface. These problems exacerbated one another and removed any protective effects of using the harness.

"Sherwood Tower had absolutely no safety or health program. This is a serious violation that puts every tower worker they employ at considerable risk. In this case, it led to a fatality whose 3 children will now be left without a father," Minkow lamented. He continued, "While OSHA's penalties and fines will put Sherwood Tower Services on notice, their negligence has put a man in the ground."

This case is especially important to note because of the reforms Governor Rauner is currently proposing. If these changes become law, it will make it easier for companies like Sherwood Tower Services to avoid responsibility for less serious injuries. Indeed, the willful violations committed by Sherwood Tower Services could become a regular occurrence threatening the health and safety of workers throughout the state.