When a truck driver for the City of Chicago’s Public Library Department was injured unloading boxes of books, he reached out to Ankin Law for help. Attorney Scott Goldstein was happy to answer the call and help the injured driver receive fair compensation for his injury. The 57 year-old driver was hurt when he was unloading boxes of books at the Harold Washington Library Center. He tripped on a temporary dock plate and fell on his right side, primarily impacting his right shoulder and hip.
The following months were spent battling the pain in his right shoulder through various injections and treatments that have had little effect. His doctor determined that the driver required a shoulder replacement for relief of pain and that the injury aggravated his shoulder in a permanent fashion requiring surgery. The City of Chicago disagreed, saying the driver had preexisting right shoulder arthritis and would therefore not pay for the shoulder surgery.
As the case went to arbitration, attorney Scott Goldstein was able to show that the injury and the pain were directly related to the accident. As a result of his efforts the injured Public Library Department truck driver was awarded total replacement surgery, temporary total disability and payment for all related medical bills, past and present.
[Read the full Arbitrator Decision Here]
To summarize, he was awarded:
- Temporary Total Disability (TTD) Benefits of $1,144.62/week for 33 4/7 weeks
- Medical Expenses for all reasonable and necessary medical services
- Future Medical Treatment – The City of Chicago shall pay all related future medical treatment, including a total right shoulder replacement.
Below is a brief summary from the Arbitrator Decision explaining the driver’s job and the accident:
Summary of Findings of Fact
Employment
The petitioner (employee) worked for the respondent (employer) as a Motor Truck Driver in the Public Library Department.
He was employed on April 6, 2023, the date of the injury, and had been with the respondent since November 12, 2014.
His regular schedule was Monday–Friday, 6:00 a.m. to 2:30 p.m.
Job Duties
Petitioner’s job involved driving a Ford F-750 box truck to transport containers or boxes of books between library locations.
He used a dolly to assist with loading and unloading.
He lifted boxes to shoulder height or higher, spending about half of his shift (3–4 hours) loading and unloading.
The remaining time was spent driving and delivering materials.
He worked alone, with no assistance from other staff at the libraries.
The job description (Respondent’s Exhibit 3) accurately represented his regular duties.
Each bin of books was supposed to weigh no more than 35 pounds, but the petitioner did not verify weights, and he was unsure if staff always complied with the weight limit.
The weight of bins varied—some were light, medium, or heavy based on his experience lifting them.
Accident Details
It was stipulated (i.e., agreed by both sides) that the petitioner sustained an accidental injury arising out of and in the course of employment on April 6, 2023.
The incident occurred at the loading dock of the Harold Washington Library Center.
The cause of the fall was an unsecured temporary dock plate.
The petitioner fell on his right side, primarily impacting his right shoulder and hip, while attempting to break his fall with his left hand.
He completed his shift that day but sought medical treatment on April 9, 2023 (three days later).
During cross-examination, he confirmed that his right shoulder made first contact with the ground and that his arm did not break the fall.
Pre-Accident Medical Condition
The petitioner testified that he had no prior pain, injury, or treatment involving his right shoulder before the accident.
He was working full duty without restrictions before April 6, 2023.
Key Legal Implications
These findings would typically support:
That the injury was work-related and not due to any preexisting condition, strengthening the petitioner’s workers’ compensation claim.
That the nature of his work involved repetitive and heavy lifting, which could also be relevant for causation if a cumulative or aggravating injury were alleged.
That the employer acknowledged the occurrence of an on-the-job accident (since it was stipulated).
