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FAQs About Third-Party Claims for Work Accidents in Illinois
Although some jobs are more dangerous than others, any profession comes with the risk of injury. An office worker may develop carpal tunnel syndrome from typing on a keyboard all day. A factory worker may suffer a deep laceration caused by faulty equipment.
Injured employees in Illinois are usually entitled to workers’ compensation. However, in some cases, an injured worker may be able to bring a personal injury claim against a third party. Third-party claims may be brought in conjunction with a workers’ compensation claim or in lieu of a workers’ compensation claim. Read on to learn more.
When Is a Worker Entitled to Workers’ Compensation?
Illinois employers are required to carry workers’ compensation insurance. If an employee is hurt while conducting work duties, he or she may be entitled to financial compensation through workers’ comp. The worker may be reimbursed for medical expenses and part of his or her lost wages. Illinois workers’ compensation is “no-fault.” This means that the employee does not have to prove that the injury was caused by the employer in order to qualify for compensation.
What if the Driver Who Hit Me Did Not Have Car Insurance?
Auto insurance is mandatory in Illinois. Unfortunately, some people ignore the law and drive without insurance. In most car accidents, the at-fault driver’s insurance company pays for vehicle repair and other damages. If you were in a crash with an uninsured driver, you may be worried about what will happen. Will you get compensation for vehicle repair or replacement costs? What about your medical bills resulting from your injuries? Fortunately, individuals in this situation have options.
Accidents Involving Uninsured and Underinsured Drivers
Being in a car crash is already bad enough. Finding out that the person who hit you does not have enough insurance to cover the costs, or worse, has no insurance at all can be devastating. You may be worried that you will be on the hook for these expenses. However, you may be able to get compensation from your own insurance company. Uninsured/underinsured motorist coverage is designed for this exact situation. If you have liability coverage, you should have uninsured/underinsured motorist coverage. Unfortunately, getting the insurance company to properly compensate you may be harder than it should be. Insurance companies often try to avoid paying car accident victims what they deserve. This is why you need a skilled car accident injury attorney to represent you during the claim process.
5 Birth Injuries that May Be Caused by Negligent Medical Care Before, During, or After Birth
Doctors, nurses, and other healthcare providers are extremely valuable members of our society. However, when a medical professional makes a mistake, the consequences can be catastrophic – especially if the victim of the mistake is an infant. Preventable birth injuries can be caused by almost countless factors. Sometimes, a doctor or nurse misinterprets test results. Other times, medical staff fail to recognize signs of maternal or fetal distress. Whatever the reason, birth injuries can lead to years of suffering and additional medical needs.
Infant Injuries that May Be a Result of Medical Mistakes
Every parent hopes for a healthy, happy baby. Unfortunately, some babies suffer injuries and medical complications during labor and delivery that lead to significant ailments. Not every birth injury is caused by negligent medical care, but some are. Birth injuries that may be the result of medical negligence include:
When Is a Nursing Home Legally Responsible for a Resident’s Fall-Related Death?
When you have a loved one in a nursing home, you may understandably worry about his or her wellbeing. While many nursing homes are staffed with compassionate, knowledgeable workers, some nursing homes fail to meet the high expectations residents and loved ones expect.
When a nursing home fails to maintain a safe facility, property monitor residents, and provide for the residents’ needs, avoidable injuries and deaths can occur. If your loved one died after falling at a nursing home facility, you may be able to seek justice through a nursing home negligence claim.
Preventing Fall Accidents Should Be a Top Priority in Nursing Homes
Falling down can lead to injuries regardless of the person’s age. However, elderly individuals are much more likely to suffer severe and fatal injuries in a fall than young people. In fact, falling is the leading cause of injury-related death for people over 65 years old. Unfortunately, statistics show that the rate of deaths caused by fall accidents is rising.
What Are My Legal Options If I Was Injured in a Fire?
From a young age, we are taught to “stop, drop, and roll” in the event of a fire. Unfortunately, fire safety education other safety measures do not prevent every fire from occurring.
Fires can cause horrible burns, lung damage from smoke inhalation, and other injuries. Individuals who survive a serious fire are often left with disfiguring scars and long-term health problems. If you or a loved one were hurt in a fire, you may be able to take legal action against the at-fault party. You may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more.
Determining Who Is Liable for Fire
Fires can start for almost countless reasons. Sometimes the culprit is faulty wiring or incorrectly installed appliances. Commercial kitchens that are not properly cleaned can accumulate flammable grease that quickly ignites. Missing smoke detectors, broken fire escapes, or buildings that are not up to code can also cause or exacerbate fire-related injuries.
What Are “Damages” in a Springfield Personal Injury Case?
Whether you were hurt in a car crash, slip and fall accident, or you suffered due to negligent medical care, you have rights as an injured person. Illinois law makes it possible for you to seek financial compensation for the harm you have suffered. Personal injury claims seek to make an injured person “whole.” This is usually accomplished through monetary damages. The amount of compensation that victims can receive for damages varies based on the type of injury, the circumstances of the injury, and other factors.
Compensation for Medical Bills After an Accident
Car accidents and other types of accidents often leave victims with painful injuries that require medical treatment. Even with insurance, medical expenses can be exorbitant. Fortunately, injured people may recover compensation for their past and future medical costs resulting from an accident. If you were hurt in an incident caused by someone else’s carelessness or intentional actions, you could recover compensation for:
Nursing Home Resident Infections: Holding Negligent Nursing Homes Accountable
Individuals in nursing homes are often elderly and in poor health. They may have cognitive issues including Alzheimer’s disease, physical disabilities, and chronic health concerns. Nursing home staff have a legal duty to provide adequate supervision, assistance, and care to nursing home residents. When nursing home staff fail to provide the care residents need, residents can suffer potentially deadly medical conditions as a result.
Infections are especially dangerous in nursing homes. An undiagnosed infection may spread throughout the resident’s body and even develop into sepsis. If your loved one suffered medical problems or passed away from an infection due to substandard care at a nursing home, you may be able to seek justice through a nursing home injury claim.
Infections Can Cause Severe and Deadly Health Consequences
Healthy bodies can usually fight off an infection. However, nursing home residents’ bodies are already frail. Infections that are not properly addressed can escalate quickly. Some of the most common infections in nursing homes including urinary tract infections, respiratory infections, and infections of the skin.
Can I Sue If I Was Injured in a Slip and Fall Accident on Ice?
Whether we like it or not, winter has officially arrived in the Springfield area. As any Illinois resident can tell you, avoiding snow and ice-related falls is a major part of life during the winter months. Slip and fall accidents can lead to severe injuries, including traumatic brain injuries, back injuries, and broken bones. If you or a loved one were injured after slipping on ice, you may be curious about your legal options. You may wonder if the property owner’s failure to salt or clear ice from the area makes the owner liable for damages. Illinois law regarding injuries caused by snow and ice is complicated and the answer to this important question depends on several factors.
Are Property Owners Required to Clear Snow and Ice?
Plowing snow, spreading salt, and clearing your property of ice are all ways to mitigate the risk of slipping and falling during the winter season. However, property owners are not legally required to do so. The Illinois Snow and Ice Removal Act states that snow and ice removal is not mandatory and provides immunity to landowners who do remove snow and ice. In many cases, landowners are shielded from legal responsibility for ice-related slip and fall accidents. However, there are some situations in which property owners are liable for slip and fall accidents on ice or snow.
UPDATE: 5 Common Medical Errors By OBGYN Doctors
Originally published: March 10, 2020 -- Updated: December 28, 2021
UPDATE: While the errors described below may be considered medical malpractice, victims who have suffered injuries in these situations will need to understand the steps they will need to follow to ensure that they can receive compensation for their injuries. To successfully pursue a medical malpractice claim, a person will need to prove all of the following elements:
The doctor owed the patient a duty of care - Once a doctor-patient relationship has been established, a doctor will be required to meet certain standards when providing medical treatment. This duty of care applies in any situations where an OBGYN or other provider performs medical services at a doctor’s office or hospital.
The doctor failed to provide adequate medical care - An OBGYN may deviate from the proper standards of care if they fail to follow the correct procedures or take the actions that a reasonably competent medical provider would take in the same situation. The errors described below are some examples of deviations from the standard of care, but there are a variety of other ways that an OBGYN may fail to provide proper care and treatment.
Personal Injury Claim After a Distracted Driver Truck Accident in Springfield
An unfortunate reality of driving is that every time you are on the road, you are putting yourself at risk of getting into a car crash. Thankfully, the risk is small, and in most cases, you will not be the victim of a motor vehicle accident.
However, you can only control your own driving habits. If other people choose to distract themselves while driving, they are subsequently increasing your chances of getting into an accident as a result of their decisions.
Have you been the victim of a distracted driver truck accident in Springfield? If so, we are here to help you learn more about distracted driving cases and how to open a personal injury claim in Springfield.
What is Distracted Driving?
The Centers for Disease Control and Prevention define distracted driving as any situation in which the driver's attention is diverted away from the road. According to the CDC, there are three specific types of distractions that can result in distracted driving incidents.