Recent Blog Posts
What Are My Options if My Workers’ Compensation Claim Was Denied?
If you have suffered a workplace injury, you may be concerned about how this will affect your ability to earn an income. Fortunately, you can receive workers’ compensation benefits for any injuries that are work-related, and these benefits will address your medical care and the loss of income due to an inability to work or a limitation on the work you can perform while recovering. However, there are some cases where an employer or their insurance company may refuse to pay workers’ comp benefits. If you are struggling to receive the benefits you deserve, you can work with an attorney to determine your options for addressing a denied claim or pursuing an appeal.
Filing a Claim With the Illinois Workers’ Compensation Commission
If you suffer an injury in a workplace accident, or if you experience medical issues related to the work you have performed, you should notify your employer as soon as possible. In most cases, notice must be provided within 45 days after an accident or injury. When you receive medical care, you can tell the provider that your injury or condition is work-related, and they will bill your employer for the treatment you receive. If you miss at least three days of work due to a workplace injury or work-related illness, your employer must begin paying temporary total disability (TTD) benefits.
7 Forms of Distracted Driving That Do Not Involve Cell Phones
While cell phones and similar electronic devices are used by most people on a near-constant basis, many people understand that texting while driving or using a handheld phone to make a call while behind the wheel can be very dangerous. Public safety campaigns have emphasized the dangers of these activities, and laws have been passed that make it illegal to use electronic devices while driving unless they are in hands-free mode. However, there are multiple other forms of distracted driving that can lead to dangerous car accidents. Victims who have been injured in these types of accidents can work with an attorney to determine their options for pursuing compensation from a distracted driver.
Activities That Can Take a Driver’s Attention Away From the Road
Distracted driving may involve visual distractions in which a person looks away from the road, manual distractions in which a driver takes their hands off the steering wheel, or cognitive distractions in which a driver’s attention is focused on something other than the act of driving. Texting or using a cell phone can be especially dangerous, since these actions involve all three types of distractions. However, there are multiple other activities that can cause a driver to be distracted, including:
What Are the Most Common Causes of Slip, Trip, and Fall Accidents?
Accidents in which a person loses their footing and falls down may seem like minor incidents, but they can lead to a variety of serious injuries, including broken bones, dislocated joints, traumatic brain injuries, or spinal cord injuries. When slip, trip, and fall accidents take place on someone else’s property, a victim may be able to pursue compensation through a premises liability claim or lawsuit. By understanding the reasons why these accidents may occur and working with an experienced attorney, victims can ensure they are taking the correct steps to protect their rights.
October Is National Pedestrian Safety Month
Most of the roads in the United States are designed with motor vehicles in mind. This makes sense, since most people need to drive regularly to get to and from work, to run errands, or to engage in other activities. However, there are many other people that also need to use the roads, and drivers should take care to act safely and prevent injuries to people on foot. During the month of October, safety advocates highlight the risks faced by pedestrians and provide guidance on the steps people can take to prevent injuries in pedestrian accidents. However, the messages that are often presented to the public contain some confusing information about who is primarily responsible for these types of accidents.
Myths About Pedestrian Safety
When government organizations such as the National Highway Traffic Safety Administration (NHTSA) discuss pedestrian safety, they often place equal amounts of emphasis on actions that pedestrians can take to stay safe as they do on ensuring that drivers act safely to avoid injuring pedestrians. However, a negligent driver is much more likely to be responsible for a collision than a person who is on foot.
Are Nursing Home Patients at Risk of Harm Due to Chemical Restraint?
There are many forms of nursing home negligence that can cause serious harm to residents. The possibility of nursing home abuse is a major concern for many families who have loved ones in these facilities. Improper restraints are one form of abuse that may be committed by a nursing home’s staff, and this includes the use of drugs to sedate patients or prevent behaviors that staff members consider to be troublesome. Chemical restraints are used far more frequently than many people realize. Family members should be aware of the potential situations in which this type of abuse may occur and their options for addressing this issue.
Schizophrenia Diagnoses and Antipsychotic Drugs
Nursing home residents may receive a variety of different types of drugs to treat their medical conditions. However, these drugs should be used to meet a patient’s medical needs rather than to serve the interests of a nursing home or its staff members. Unfortunately, some nursing homes use antipsychotic drugs or other types of medications as sedatives for residents with dementia in an effort to make these patients easier to manage.
What to Do If a Work Injury Aggravated Your Degenerative Disc Disease
In Illinois, employers are required to carry workers’ compensation insurance. This insurance reimburses injured workers for medical expenses and part of their lost wages if a work injury causes them to miss work. However, what happens if a work injury aggravates a pre-existing medical condition like degenerative disc disease? Is the worker still entitled to compensation? What if the insurance company tries to claim that work duties did not cause the worsened medical condition?
Successfully recovering compensation for worsened medical conditions is often tricky, especially if the medical condition gradually worsened over time instead of being caused by a singular traumatic accident. This is why many people in this situation work with an experienced workers’ compensation lawyer.
Seeking Workers’ Comp for Worsened Disc Disease
Legal Recourse for Patients Harmed by Sound-Alike Medication Mistakes
Advances in medicine have helped people lead longer, healthier lives. Countless medications are available to treat ailments ranging from headaches to advanced cancer. Unfortunately, the vast number of medications available today means that there is an increase in the chances of medication mistakes. One of the top causes of medication errors in the U.S. is sound-alike medications, or medications with similar-sounding names. Doctors, nurses, and pharmacists who are not paying close enough attention may mistake one medication for the other. Look-alike medications are also at risk of being mixed up. Medication mistakes such as these can lead to severe, sometimes fatal consequences.
How Do Medication Errors Occur?
Medical workers have stressful jobs and often work long hours. Many doctors’ offices, hospitals, and pharmacies are also understaffed. Medical workers who are rushing can mistake one medicine for another and dispense or administer the wrong medication to the patient. Medical negligence like this can lead to worsened medical conditions and even death. Just recently, a nurse in Tennessee lost her nursing license and is facing criminal charges after administering the wrong medication and killing a patient. The nurse administered vecuronium bromide instead of Versed after mixing up the generic names of the medications.
Suing a Business for Negligent Security After an Assault
If you have been the victim of a violent crime such as an assault, sexual assault, battery, or robbery, you may be interested in pursuing legal action against the responsible parties. Many people assume that legal action against the person who attacked them is the only recourse available after an assault. However, you may also be able to pursue legal action against the business or facility in which you were hurt. A premises liability claim is a personal injury claim brought against negligent property owners or property managers. Through a premises liability claim, you may be entitled to compensation for your medical bills, lost income, and non-economic damages like pain and suffering.
Examples of Negligent Security That Could Lead to an Injury Claim
Property owners cannot prevent every injury-causing incident that occurs on the property. However, they do have a legal responsibility to ensure that the property is reasonably safe for those invited onto the property. Just as a property owner has a duty to ensure that a building is up to code or has enough fire alarms, property owners have a duty to ensure that there are appropriate security measures. Property owners and businesses may be liable for injuries and deaths caused by inadequate security or “negligent security.”
Workers’ Compensation Claims Involving Exposure to Toxic Chemicals
In Illinois, workers’ compensation insurance covers costs resulting from a work injury or illness. When most people think of workers’ compensation, they picture an injured worker who fell or otherwise suffered a one-time traumatic accident. However, this is not the only type of worker harm that may result in a workers’ comp claim.
Exposure to dangerous chemicals, toxic fumes, and other hazardous substances such as asbestos can take a major toll on a worker’s health, especially when the worker is exposed to the dangerous chemical on a long-term basis. Unfortunately, bringing a successful workers’ compensation claim for exposure to hazardous chemicals is often an uphill battle.
Contact with Dangerous Chemicals and Worker Health
The Occupational Safety & Health Administration (OSHA) has instituted strict rules about how toxic or dangerous chemicals must be stored and utilized in a workplace. OSHA has also established permissible exposure limits for dangerous substances. However, many OSHA rules and requirements are incomplete or outdated. Furthermore, some companies fail to adhere to these rules.
Can You Sue the Government if You Get into an Accident with a Government-Owned Vehicle?
Car accidents happen every day. In a typical Illinois car accident, the at-fault driver’s insurance company is usually responsible for compensating accident victims. However, what happens if one of the cars in an accident is owned by the government? How are car accident cases different when the at-fault driver is a government employee such as a police officer, ambulance driver, or delivery driver? Can you sue if you were struck by a mail truck or other government vehicle?
Government Liability for Car Crashes
When an employee causes an accident by driving negligently, the driver’s employer is typically the party legally responsible for the accident. When an employee works for the government, a government entity may be liable for damages. Unfortunately, car accident cases involving government liability are significantly more complicated than other types of car accident cases. The laws regulating claims against the government are complex and you only have a short window of time to file a claim. Therefore, it is important to contact an attorney as soon as possible after being involved in an accident with a government vehicle.