Recent Blog Posts
Workers' comp reform efforts make for legal challenges
If you are an up-to-date Illinois adult, you probably are aware that there's a major political struggle underway over ways to reform the state's workers' compensation system.
For many this might seem to be a case of déjà vu. Didn't we just go through some major reforms back in 2011? The answer, of course, is yes. But the question politicians in Springfield are wrestling with is whether those changes are enough or whether something more is needed.
In simplified terms we have the Democrat-controlled General Assembly on one side saying that the 2011 changes are working and should be allowed a greater test of time to see if even more improvements can be achieved. On the other is the Republican governor who says the changes have been too little and too slow. The governor wants more and he is refusing to negotiate the next state budget unless his desires are addressed.
The governor says more drastic changes to workers' compensation are needed to spark business development in the state. Critics of change point to reported declines in the amount of money insurers have been paying for claims since 2011.
What if a driver doesn't cause a car accident injury?
Whether you are tooling along the Interstate 72 corridor, making a run up I-55, or traveling on one of the lesser highways threading through central Illinois, the threat of being involved in a motor vehicle accident exists.
In many situations, perhaps even in most, the negligence of one person can be identified as the main cause. When that happens, the assigning of liability leads to the responsible person or their insurance company being held accountable for any recovery or compensation that might be deemed appropriate under the law.
There are occasions, though, in which accidents occur and direct human error isn't the culprit. Cars, trucks, buses and even motorcycles are complicated machines with a lot of systems and parts. If any one of them happens to fail because of faulty design, manufacturing or maintenance, and an accident results, a claim might need to be filed under a theory of product liability.
The thing to keep in mind is that the injuries, pain and suffering endured by victims are the same, regardless of the cause. But the defendant named for action may wind up being the seller of a product or the company that made it.
Powerful machinery and lagging safety make farms hazardous
Farming has long been recognized as a hazardous industry. However, while federal and Illinois law, insurers, workers and employers all push to enforce rules that improve workplace safety across most industries, many experts say there is a general lack of focus on the family farm.
According to a string of articles that have made the rounds on the Internet, regulatory training and safety programs have been slashed and that means a bitter harvest of increased numbers of farm accidents that result in serious if not fatal injuries.
The series entitled Tragic Harvest by the Minneapolis Star-Tribune focuses on conditions in Minnesota, but observes that they are not unique to that state. Indeed, they draw on cases from all around the Midwest, including here in Illinois, to highlight that farming remains among the most dangerous occupations in the U.S.
Congressional Bill Would Weaken Several Semitruck Safety Laws
Truck accidents claim the lives of several thousands of motorists each year and leave many more with serious injuries that can be life-changing. Because of the threat that large trucks pose to other motorists on the road, Congress and federal regulatory agencies have implemented many safety measures over the years to keep the public safe from this threat. However, many of these safety measures may soon be for naught, as Congress is considering passing a transportation bill that would roll back many safety measures. Even more puzzling, Congress is considering doing this at a time that the number of fatal truck accidents has increased every year for the past six years.
Bigger trucks
One of the most controversial aspects of the transportation bill is a provision that would raise the maximum allowable size and weight of large trucks. If passed, the bill would raise the maximum allowable weight of a semi-truck from 80,000 pounds to 91,000. Additionally, the bill would significantly lengthen the maximum length allowable for double semis (trucks that haul two trailers at once) from 28 to 33 feet each.
Grandma fell and can't get up. Could a bug to be to blame?
Those in the senior living field in Illinois know that it is a growth industry. The parents of baby boomers are already driving up demand for residential and care facilities and that's only going to increase as baby boomers themselves begin looking for such accommodations.
One of the biggest inherent risks in providing such services is ensuring that residents receive the health care they deserve while being able to maintain the greatest level of independence possible. Falls happen and they can result in serious health complications. What starts as a broken hip can degrade into something worse that ends in death. If those falls happen because of neglect, those responsible should expect to be held accountable.
A look at the numbers gives one an appreciation for how serious an issue this can be. According to data reported by The Washington Post, more than 2 million people in the senior ranks go to the emergency room after a fall. Most of the time, the blame is put on a loss of balance, vision issues or hazards like throw rugs. But new research suggests it's time for doctors and care facilities to consider infections as a possible cause.
Additional crashes possible after serious truck accidents
When a commercial-sized vehicle is involved in an accident on Illinois roads, it is very possible that many other vehicles are also involved. Trucks are extremely large and on busy highways and streets, they can strike many other cars when a trucker loses control of his or her rig.
In addition to the vehicles that are included in the initial collision, there can be secondary accidents that occur when other motorists are unable to avoid the crash scene or adjust to sudden changes in traffic, speed and lane obstacles. If you have recently been involved in a multi-vehicle accident, you may find it quite difficult to figure out who may be to blame for the damages and injuries you have suffered.
For example, recently a chain of accidents occurred on Interstate 74. Reports indicate that a semi truck driver crashed into a second truck which was stopped on the interstate because of an earlier accident caused by poor visibility. Shortly after, a third truck rear-ended a camper and hit several other vehicles that were stopped because of the second accident. Police are still investigating.
What options do I have if I was exposed to asbestos on the job?
Asbestos has long been known to be a toxic fiber. However, up until the 1980s, it was still widely used to make materials for home construction, automobiles, railroads, ships and plumbing. And even though people in the U.S. are largely aware of how dangerous asbestos is, it is still not completely banned in this country.
Because of all this, the reality is that it is not unheard of for a person to come into contact with asbestos on the job. Whether a person is demolishing a building that was built with asbestos decades ago or is working on an automobile that was recently built with asbestos-containing products, it can be crucial to know what options exist if someone has been exposed to asbestos.
To begin with, workers who are exposed to asbestos on the job will generally qualify for workers' compensation. These benefits are intended to at least partially replace a worker's wages and cover medical expenses for illnesses suffered on the job. Many instances of asbestos exposure are the result of workplace conditions, so workers' compensation is typically available.
Illinois drivers: beware of road hazards near farms
It may still feel like summer, but fall is just around the corner. For farmers across Illinois, that means that it is almost time to start harvesting crops.
According to the Illinois Department of Agriculture, there are more than 74,000 farms in this state covering millions of acres of land. A great number of these farms are used to grow plants like corn and these crops in particular can impact the safety of people who drive near farms during this time of year.
Corn stalks can grow to be several feet high before they are harvested which can lead to some serious visibility problems on the roads around corn fields. Whether you are driving through farm country on a road trip or take small, gravel roads every day to get to work, you can find it all but impossible to see other people or vehicles when corn stalks grow higher than a car.
In addition to the visibility issues that can crop up around corn fields, there can also be a lack of adequate traffic signs at rural intersections. It may not seem like a very big deal, considering the very low traffic levels in these areas, but the fact is that it creates an environment ripe for accidents.
If drivers are unaware of safety tech, is it still effective?
Over the years, cars and trucks have gotten significantly more advanced in terms of safe driving technology. The vehicles that are on the market now have a wide range of features designed to keep people safe and avoid crashes that didn't exist just a few years ago.
However, a recent survey found that most drivers aren't even aware of these technological solutions; if they have even heard of them, many still don't know what they do or how they work. So does that mean they are ineffective?
The answer to that question is "maybe." In some cases, these technologies work on their own without any action or awareness on the part of a driver. For instance, anti-lock brake systems and airbags engage automatically.
However, some of the newest features like adaptive cruise control often require the driver to know how to use and set it to be effective. If a car is equipped with ACC and the driver understands how to use it, the car can adapt to changing speeds based on the distance between it and the car in front of it. Drivers who don't know about this feature or how to engage it may not be able to respond to changing speeds as quickly as the automated system.
Common conditions associated with neglect, abuse
People all across Illinois go to great lengths to protect their loved ones who are currently in the care of nursing home facilities. They check in on them regularly, monitor their care, ask questions and try to stay as informed as possible when it comes to the type of treatment they are receiving.
Unfortunately, we can't be by our loved ones' side all day every day. There are periods of time -- brief or extended -- where it is solely up to nursing home staff members to care for the vulnerable patients. In many cases, this is done properly and there is no cause for concern. However, there are some situations where the care provided is substandard and a patient is being harmed or neglected.
While there are many different signs of elder abuse and neglect, there are few conditions that can and should spark some immediate concern for the well-being of a nursing home resident.
In terms of abuse, bruising, sexually transmitted diseases and increased fears or anxiety around certain staff members can all be common found in patients who are being abused. These can all be indicators that a patient is being hurt or threatened by the people around them.