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Home » Personal Injury News & Developments

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Workers' Comp Claims for Overuse InjuriesIn Illinois, workers’ compensations do not have to involve work accidents. Any type of work injury can result in compensation so long as you can prove that it happened on the job. This could include injuries from repetitive motion that you perform on the job. Thus, not only can factory workers and construction laborers receive workers’ compensation, when they are injured while working but office workers may be eligible for it too.

The Causes of Repetitive Motion Injuries

You may be called on to perform the same duty many time a day at work. For example, you may work at a store and need to lift boxes on a daily basis. You could work at a factory and have to put take things off of a conveyor belt all day long. Alternatively, you might work in an office and need to use the keyboard and type every day, hurting your wrist. Even something as simple as using a computer mouse has the potential to cause you long-term injury.

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Illinois Workers' Compensation Law Applies for Out-of-State WorkersMany people who work in Illinois do not live in the state. Alternatively, some Illinois residents will travel to Wisconsin, Indiana and Missouri for work each day. When these workers are injured, there is some question as to where they can claim workers’ compensation. The good news for them is that they can receive benefits so long as they figure out the right state in which to file.

Workers Compensation Claims Involving an Out-of-State Worker

Our first scenario involves a worker from Cook County who drives across the Indiana state line to work in Gary. The employee suffered a strained back at their factory job in Indiana and is unable to work for a year. In addition, they will need months of intensive physical rehabilitation in order to be able to return to work.

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Owner's Liability for a Swimming Pool DrowningSwimming pools are unquestionably a source of fun and respite for people during the dog days of summer. However, with swimming pool ownership come a number of legal responsibilities that the owner has when it comes to safety. If they fail to follow any one of them, they can be held liable when someone drowns in their pool. This goes for both public pools as well as private backyard swimming pools.

When one dies in a drowning accident at a private pool or a public pool, their loved ones may be able to file a negligence lawsuit against the owner. They can also file a lawsuit if their loved one suffers brain injuries or any other type of harm.

The truth is that liability presents an issue for swimming pool owners. If an accident happens at someone’s swimming pool, chances are that they can be held responsible for it. There are lawsuit verdicts in Illinois that have held hotels and property owners responsible for drownings that happened in their pools.

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Drivers Face Dangers in Road Construction ZonesIllinois work zones pose dangers for drivers and workers alike when motorists do not take the proper care when passing through them. Accidents in a work zone have a higher rate of fatality than other crashes for a variety of reasons. Even though the State of Illinois has taken actions to protect workers in these construction zones, there is still an elevated number of fatalities each year. Illinois drivers may simply not be paying enough attention when they pass through the work zones.

Work zones present a number of increased dangers for both drivers and the people working in them. The lanes are narrower and changing traffic patterns, causing difficulties for even drivers who are paying full attention. The dangers are compounded when the driver is distracted or speeding. Moreover, there is road construction equipment located right on the side of the highway.

Drivers Are Most at Risk in Work Zones

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Can Subcontractor Employee File a Personal Injury LawsuitThe general rule in Illinois is that workers’ compensation is an injured employee’s sole remedy for workplace injuries unless certain very limited exceptions apply. 820 ILCS 305/5 states that there is no right to recover for these injuries or death “other than the compensation herein provided.” Of course, the compensation that the statute is referring to is workers’ compensation. However, there may be some scenarios under which an injured employee can file a negligence lawsuit, namely when someone else is responsible for their injury.

It is common in the construction industry for there to be a general contractor and multiple subcontractors on a worksite. It is a standard business practice. Each entity is responsible for different parts of the job. As a result, there are hundreds of construction workers on a site answering to different people. However, they only answer to their direct employer.

In Illinois, the laws are very strict about workers being required to stay within the workers’ compensation system. There are very limited exceptions to the rule that workers’ compensation benefits are the sole remedy for injured workers. In Illinois, there is not even an exception for gross negligence as there is in some states. Essentially, the employer has to act intentionally to be liable in a lawsuit. Otherwise, workers’ compensation benefits are the exclusive remedy for a worker’s injury.

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one bite rule IllinoisThe United States Postal Service ranks cities and states for the number of dog attacks on mail carrier. This is indicative of the level of the danger that people face from dogs in that area.

The bad news for Illinois residents is that Chicago and Cook County have the third-highest number of dog attacks on mail carriers of any city. The number of dog attacks went up almost 20% from 2018 to 2019. Illinois is also the fourth-worst dog bite state in the country.

Nationwide, the CDC estimates that 4.5 million people are attacked and bitten each year by dogs. The numbers have gotten worse as dogs have increased in popularity as pets. It seems that nearly everyone has at least one pet dog these days, and this means more dog attacks. While many dogs are peaceful and friendly, some are vicious dogs or aggressive dogs, posing a danger to the general public.

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Uninsured DriversIn many car accidents, damages and injuries can be severe. However, the emergence and popularity of cut-rate auto insurance and minimal coverage policies can leave those who are hurt in a world of difficulty.

Under-insured motorists are a serious problem for everyone else on the road since their desire to save a few bucks puts everyone else in danger.

If you have been in an accident with an under-insured motorist, you will face a difficult process to recover fully from car insurance for the injuries that you have suffered.

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future medical expensesWhen you file a personal injury lawsuit, you are paid for damages that you have suffered in the past and present.Many plaintiffs do not realize that the damages award also covers harm that they will suffer in the future.

This includes economic damages such as lost wages and future medical expenses. When you file an Illinois personal injury lawsuit and do not request future medical costs, you are leaving money on the table.

While you may not want to think about the future when you have suffered serious injuries now and trying to recover the money that you need to make yourself whole after the accident, you must think ahead and plan how you will show the court that you are entitled to damages later in time. This is even more important when you have suffered catastrophic injury.

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lawsuit loss of earningsIn a personal injury case for something such as a car accident or other mishap, the plaintiff is entitled to collect both non-economic and economic damages. Non-economic damages measure things such as pain and suffering and emotional trauma.

Economic damages are intended to compensate a plaintiff for actual losses that they have suffered. This can include lost wages, medical bills and other medical expenses. When it comes to a wage loss claim, this amount can end up increasing dramatically.

In Illinois, the standard for injured workers is that you are able to show that your injury is permanent and that is prevents you from continuing employment. Antol v. Chavez-Pereda, 284 Ill. App. 3d 561, 573, 672 N.E.2d 320, 329 (1st Dist. 1996).

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EPA and What they are doing about Ethylene Oxide EmissionsAt the end of 2019, the U.S. EPA (Environmental Protection Agency) proposed amending the current control measure regulations involving Ethylene Oxide (ETO) emission standards for commercial sterilization facilities.

The hazardous chemicals amendment would help reduce the cancer-causing ETO toxic chemical emissions and other toxic substances at facilities emitting higher concentrations.

The increased risk can result in adverse health effects due to short and long-term human exposure to the harmful chemical at or nearby commercial sterilization facilities.

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