Posted on November 08, 2011 in Articles

Amendments to the Illinois Workers' Compensation Act in 2011 have implications for several aspects of the system that awards benefits for work-related injuries. These changes include new guidelines for determinations of permanent partial disability, limitations on recovery for hand injuries and reductions in the duration of wage loss differential awards.

One particularly important change is a new limit on a worker's choice of medical providers to assess a workplace injury or illness. Under the new law, employers and workers' compensation insurance providers will be able to provide a list of doctors available for the employee's first of two available choices under the existing "two doctor rule." If a worker declines to choose from that list, the first choice will effectively disappear.

One stated objective of the implementation of preferred provider organizations (PPOs) for workers' comp care is to lower the cost of awarding benefits by guiding injured employees toward providers who specialize in assessing work-related injury claims. The state Department of Insurance has yet to finalize provider network rules, but this new practice should be fully implemented by early next year.

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 Posted on October 27, 2011 in Firm News

The haunted houses and scary costumes are not the only things frightening about Halloween. For pedestrians, the night of October 31st is the deadliest of the year, according to AAA.

"Whether walking or driving AAA urges all road users to utilize extra caution, be mindful of their surroundings and celebrate responsibility," explained a spokeswoman from AAA. The organization provided several safety tips to prevent pedestrian accidents during the upcoming holiday.

Road Safety Precautions During Halloween

• Watch your speed: A pedestrian accident is over twice as likely to be fatal if a vehicle is going 35 mph instead of 25 mph. Slowing down, just a little, can make a big difference.
• Keep an eye out for kids: Eagar trick-or-treaters, many in dark costumes, may quickly run out of driveways and into streets. Be alert for children everywhere, including on curbs, medians and behind parked cars. Also be aware that masks may restrict kids' visibility, making them less likely to see oncoming traffic.

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 Posted on October 21, 2011 in Articles

The Illinois Supreme Court ruled this spring that the presence of any trace amount of illegal drugs in a person's body is sufficient to charge and prosecute the crime as an aggravated DUI, even if the person was not impaired at the time of the accident.

The case that brought about the ruling arose from a motor vehicle accident in December of 2004. The defendant left a bar in Peoria. On his way home, while rounding a curve on a two-lane state highway, his car crossed the centerline and struck an oncoming car.

The accident killed the driver and the passenger of that car. The defendant was injured, and he was taken to a nearby hospital. Tests revealed that the defendant's blood contained no alcohol or controlled substances, but his urine contained methamphetamine and amphetamine. He was charged with one count of aggravated DUI.

According to the State's forensic scientist, controlled substances initially enter the bloodstream and are eventually eliminated through the urinary tract. She testified she was not surprised to find methamphetamine in the urine samples, but not the blood samples.

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 Posted on October 12, 2011 in Articles

This August, Illinois Governor Pat Quinn signed a bill into law that will help truckers make informed decisions about the safest, most efficient route through Illinois' municipalities. Potential benefits of the new law may include reductions in Illinois truck accidents and less road maintenance and repair costs.

Authored by Representative Michael Zalewski, D-Summit, and Senator Kwame Raoul, D-Chicago, the bill requires local governments to regularly update the Illinois Department of Transportation (IDOT) on their designated trucking routes, or report to IDOT that there is no designated trucking route through a municipality. IDOT will use the information supplied by local governments to create a website that truckers can refer to when making decisions on what route to take through towns. The law will go into effect January 1, 2012.

Benefits of the New Law

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 Posted on October 10, 2011 in Articles

In August, Illinois Governor Pat Quinn signed a bill into law that will give law enforcement more power to confirm a driver's state of intoxication and make arrests in the field. New legislation will also increase the penalties for driving a school bus under the influence of alcohol.

Driving under the influence is a serious problem in America. Government studies find that close to one third of all Americans will be involved in an alcohol-related crash in their lifetime. About 310,000 people are injured in alcohol-related accidents each year, or one person every two minutes.

Unfortunately, Illinois is not immune from the tragic consequences of drunk driving. In 2002, 51,649 people were arrested for DUI in the state. Illinois' legal blood alcohol concentration limit is .08, and the state's legal drinking age is 21. Unfortunately, this does not stop some teenagers from getting behind the wheel after drinking. Young people ages 18 to 24 represent 15 percent of all licensed drivers in Illinois, but are involved in almost 39 percent of all Illinois drunk driving accidents. In 2002, 32 percent of teen drivers who died in an alcohol-related crash were intoxicated.

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 Posted on October 05, 2011 in Articles

Two recent farm accidents involving teen farm workers reveal the urgent need for child labor law reform in the agricultural industry. The Department of Labor undertook revising its laws last year, but only opened discussion on the proposed changes on September 2nd of this year. Some child rights advocates believe that the White House dragged its feet on the revisions, and that the recent farm accidents that claimed the lives of two teenagers could have been prevented had the laws passed in a timely fashion.

Earlier this summer in a farm accident in Illinois, two 14-year-old girls were electrocuted and killed when they ran into an irrigation rig while detasseling corn. The farm on which the girls were working is owned by agribusiness giant Monsanto, against whom one of the girl's fathers has filed a lawsuit.

Then, this August in Oklahoma, two 17-year-old boys were severely injured when they were pulled into a grain auger, a farm tool that has a metal tube with a large spiral of steel running through it, used to carry grain from the ground into a grain silo. When the emergency responders arrived, they had to cut through the auger to get to the boys.

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 Posted on October 04, 2011 in Articles

Everyone has heard the story: A woman pulls up to a McDonald's drive thru for some coffee. While holding the coffee cup and trying to drive at the same time, she spills coffee on her lap and burns herself. She sues McDonald's, becomes a millionaire, and all her troubles are over. The case is a prime example of a frivolous lawsuit or so-called "jackpot justice."

That, at least, is the urban legend played out by the media, comedians and politicians. What actually happened to the woman in the coffee case is much more serious, a point the documentary "Hot Coffee" attempts to make while looking at the American justice system and the idea of tort reform. The movie uses the coffee case to ask the question: Is justice being served?

The movie explores what actually happened to then 79 year-old Stella Lieback, the woman who suffered burns from the McDonald's coffee. In reality Lieback was a passenger in a parked car and the coffee spilled as she was trying to add cream and sugar to the cup which she held between her knees.

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 Posted on September 30, 2011 in Articles

In June 2011, Illinois passed a bill reforming the state's workers' compensation system in an effort to cut costs and stimulate business growth. In so doing, Illinois joined a long list of states passing increasingly stringent requirements for workers to meet in order to receive workers' compensation benefits for on-the-job injuries. While supporters of Illinois' workers' compensation reform bill claim that it will make Illinois more attractive to businesses by saving them money, many critics argue that injured workers will suffer under the law's new provisions.

National Trends in Workers' Compensation Legislation

Every state in the U.S. except Texas requires businesses that operate in them to carry some form of workers' compensation insurance. Many larger businesses meet this requirement by self-insuring, paying injured workers' benefits according to statutory requirement. In four states, if a company cannot afford to self-insure it must enroll in the state workers' compensation insurance plan. In about 20 states, businesses may self-insure, join the state plan or purchase private workers' compensation insurance. In the remaining states the only option businesses that cannot afford to self-insure have is to purchase private insurance.

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 Posted on September 23, 2011 in Car Accidents

Last week, a motor vehicle accident took the life of Aubrey Caitlin "Caitie" Barker. She was the 26 year-old owner of the downtown Springfield restaurant "Caitie Girl's". The restaurant's unique and fun atmosphere contributed to its popularity.

The car accident occurred on Bruns Lane and Jefferson Street when Barker's van collided with the driver's side of 88 year-old Betty Deloney's Mercury Sable. Police suspect Barker ran a red light, causing her to crash into Deloney's vehicle, and resulting in Barker's van rolling over.

Barker was killed immediately upon impact. She will be missed by many, including her restaurant staff, many of who considered her a close friend in addition to a boss. This summer the Greater Springfield Chamber of Commerce awarded Barker the New and Emerging Business Award. The restaurant which opened in 2007 has been closed since the accident, and it is unknown if it will ever reopen.

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 Posted on August 26, 2011 in Firm News

Earlier this summer Gov. Quinn signed legislation that makes drastic changes to the Illinois workers' compensation system. The system overhaul occurred after a drawn out political battle between unions, businesses, physicians, other interest groups and the Governor's office.

Some of the changes the legislation makes include: changing standards for determining workers' disabilities, clearing current workers compensation arbitrators, and establishing safeguards designed to prevent abuses of the system.

Perhaps the most significant change is a 30 percent cut in rates paid to hospitals and physicians who treat injured workers. According to the Chicago Tribune, the Illinois Medical Society claims this will result in injured employees having to wait longer for health care.

The overarching goal of the changes was to improve the Illinois' economy by creating a more business-friendly environment in the state.

Major changes were also made to the Workers' Compensation Advisory Board. This was one of the first changes to take effect as the Governor made 12 new appointees to the Board last month. The appointees included union representatives, workers' compensation lawyers and business leaders.

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