Posted on November 18, 2014 in Firm News

When people are injured on the job, they may be eligible to collect workers' compensation. Unfortunately, many people do not understand this because they may misinterpret their rights as workers or they do not know how workers' compensation works. 

Generally speaking, workers' compensation is a program that requires employers to pay for this insurance for employees. In exchange, they can be protected from lawsuits filed by injured workers. This means that it is not necessary to prove negligence to collect this type of compensation.

One common assumption that people make is that there needs to have been somebody at fault for an injury or illness in order for it to be covered by the employer-paid insurance. For instance, a falling injury must have been the result of a hazardous condition like a wet floor. But readers need to know that this assumption is inaccurate and could be keeping injured workers from collecting the compensation they may need and deserve.

According to the Illinois Workers' Compensation Act, any worker who has suffered “any injury, disablement or death arising out of and in the course of his employment may elect to pursue" workers' compensation. Essentially, this means that any injury or illness suffered on the job or as a result of work conditions may be considered as eligible for benefits.

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 Posted on November 11, 2014 in Firm News

Truckers make their living by driving; getting from point A to point B in time is a top priority. The hours are long and the trips can be grueling; there are inherent dangers that come with this occupation. In order to help keep truckers and other motorists safe, rules have been put in place that are intended to limit unsafe behaviors in the trucking industry. 

One of the more significant set of rules has to do with preventing drowsy driving. The Hours of Service regulations were established to get truckers off the road and take mandatory breaks to combat fatigue. Unfortunately, there are truckers and trucking companies who violate these requirements.

The HOS regulations limit the number of hours a trucker can be on the road. They dictate when truckers must take a break and either go off duty or rest in their sleeper berths. Drivers who transport passengers are under stricter rules in terms of the hours they can be on the road and when they must rest. But generally speaking, truckers are not allowed to be on the road for more than 11 hours without taking sufficient rest breaks. 

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 Posted on November 03, 2014 in Firm News

Product manufacturers are expected to only put safe and defect-free products on the market. If there are certain risks associated with use, it is crucial that there be warnings included with the product.

However, there are companies that fail in these responsibilities, and people using that product often pay the price. A defective or dangerous product can result in serious injuries that can have lasting consequences, from burns to illness to lacerations. When damages are suffered as a result of using a defective product, you may be eligible to receive compensation. 

Pursuing a product liability claim can be more complicated than you may realize. It is not enough to say that you were injured because of a product. You will need to show that the product was used for its intended purpose and that a defect or unexpected danger caused the injury or illness.

After those facts are established, it is necessary to identify the potentially liable parties. These can include the manufacturer of the product, a wholesaler, retail store or parties that assemble or install the product. Establishing liability can be very complex and requires a thorough understanding of state product liability laws.

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 Posted on October 28, 2014 in Firm News

When a loved one is placed in the care of a nursing home or assisted living facility, family members expect that he or she will be treated with care and respect. In many cases, facilities follow through on their promises to provide a high level of care.

However, there are some facilities that do not live up to the expectations they have presented, and their vulnerable patients become victims of abuse or neglect. Unfortunately, this horrific treatment is not always easy to spot, especially when a person is not regularly visited by friends or family members. But there are certain red flags that could suggest a person is being mistreated, and if these are identified, legal action may be appropriate.

Depending on the type of abuse that may be occurring, there are certain things that people should be aware of and address as soon as they are identified, according to the Administration on Aging.

For example, if abuse or neglect is physical, the signs could include:

• Bed sores

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 Posted on October 20, 2014 in Car Accidents

In our last post, we discussed some facts about car accidents in the U.S. and just how costly they can be. Statistics can be a good way to appreciate, on a higher level, just how prevalent crashes are in the U.S.

But when we read about individual car accidents in Illinois, it can truly remind us of the personal toll that every crash has on the people involved. For example, the lives of seven people were put in danger when one man allegedly got behind the wheel of his car while intoxicated.

The 22-year-old man was arrested after he caused an accident and then tried to flee from the scene. According to reports, police determined that the man lost control of his vehicle and swerved into oncoming traffic. A car in that lane, being driven by a 66-year-old woman, tried to get out of the way of the oncoming car, but the man swerved again and crashed into woman's vehicle.

The woman was driving five other people, and they all needed to be taken to the hospital after the crash for emergency care, including three children who are 5, 3 and 1. 

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 Posted on October 13, 2014 in Car Accidents

We often discuss the personal and upsetting toll that a car accident can take on individuals across Illinois. Every crash, every injury and every potential claim involves someone whose life could be dramatically impacted by an accident. It is crucial not to lose sight of this fact.

However, it can also be helpful to consider car accidents and motor vehicle safety on a larger scale. Despite the advancements made in auto manufacturing and increased efforts to enforce traffic laws, hundreds of thousands of car accidents still happen and put lives in danger.

The Centers for Disease Control and Prevention recently released a report regarding the cost of car accidents in 2012. The agency's report serves as an important reminder of how extensive car accident injuries and damages can be.

For instance, did you know that an estimated $18 billion will be spent on medical costs for people injured in a car accident in 2012? This includes costs stemming from emergency care as well as those required over a victim's lifetime.

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 Posted on October 10, 2014 in Firm News

Many workers in and around Illinois have a general understanding of what workers' compensation is and when it may be available. People know that if they get hurt or get sick on the job, they can typically pursue workers' compensation benefits to cover some of the costs of being unable to work and seeking medical care.

However, there are some specific situations that can be much more complicated to understand, and it can be difficult to determine whether workers' compensation is, in fact, available. For instance, in one of our recent articles, we explored when or if employees who suffer injuries coming to or leaving the workplace can collect workers' compensation. 

In that article, which can be read here, we looked at a specific case involving a car accident during a long commute and why the case ended with the denial of workers' compensation benefits. 

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 Posted on September 30, 2014 in Firm News

People can get injured at just about any time of the day or night. Something as simple as making breakfast, driving to work or heading out to a restaurant for dinner can quickly turn into something much more complicated if someone is in an accident and gets hurt.

In many of these situations, victims may feel like they are just unlucky or clumsy to have gotten hurt and assume there is nothing that can or should be done after an accident. However, this can end up being a costly mistake. In fact, many cases involving personal injury can be grounds to take legal action against a negligent party. 

For instance, let's look at the hypothetical situation we mentioned earlier in this post: making breakfast, going to work and then going out for dinner. This can help break down some of the most common sources of personal injury claims that can result in compensation for victims.

Cooking can result in serious burns if the appliances you are using are defective. Food that is tainted could make you very sick if you ingest it. In these instances, you may have grounds to file a product liability claim against the manufacturer or seller of a damaged or defective product.

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 Posted on September 24, 2014 in Firm News

Getting injured on the job can be quite disruptive. Right away, you may need to stop working and get first aid. If an injury is serious, you may need to go to the hospital. In some cases, the injury can require ongoing monitoring, care and medication. Surgery may also be necessary.

As troubling as this can all be, it is important to remember that this is why workers' compensation is available in Illinois. The benefits provided through workers' compensation are intended to cover medical expenses for work-related injuries so that victims are not left with huge medical bills in addition to a painful condition. However, while medical care is generally covered by this employer-paid insurance, it is important for employees to know some specific requirements that must be observed when it comes to seeking care.

Workers' compensation typically covers all medical expenses that result from an injury. This can include medications, surgical procedures, rehabilitation, visits to the doctor and even the cost of modifying a home or work station, if required. As long as the care is considered to be reasonable and is not disputed by an employer, these costs will generally be covered.

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 Posted on September 17, 2014 in Firm News

Any motor vehicle accident has the potential to cause serious injuries. But if an 80,000-pound commercial truck is involved in this accident, the severity of any collision is multiplied considerably. 

If you or a loved one have been involved in this type of accident, chances are that you are scared, hurt and overwhelmed by the situation you are now facing. Victims and their families are often dealing with some life-threatening illnesses and have a number of questions that they want answered. In this post, we will look at some of the common questions truck accident victims and their families have and shed some light on some potential answers.

Truck accidents, like any motor vehicle accident, can be caused by any number of reasons. There are instances when a passenger vehicle contributes to a crash, but there are also cases where the truck or the trucker is responsible for the crash. This could involve a reckless trucker, negligent trucking company, faulty truck parts, inadequate maintenance or violations of trucking regulations.

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