Posted on April 03, 2014 in Firm News

Placing a loved one in a nursing home facility is not always an easy decision to make. Families often try to care for an elderly parent or relative on their own, but eventually it may be necessary to move that person into a facility that can meet the physical, emotional and medical needs of vulnerable patients.

However, there are too many facilities that are poorly run. Negligent hiring practices, inadequate training and poor oversight of daily operations have all been reported at nursing homes across Illinois. Facilities can put patients in danger by subjecting them to abuse or negligence, despite giving family members assurances that a loved one will be taken care of. When and if this happens, it can be crucial for family members to take legal action to protect their loved one.

This was the route one man took after his father developed serious infections as a result of nursing home negligence.

Reports indicate that the elderly man was neglected for nearly seven months while he was in an Illinois nursing home. During that time, he developed bed sores as a result of not being properly moved and cared for by staff members. The man was transferred to a hospital where the true extent of the nursing home's negligence was discovered.

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 Posted on March 27, 2014 in Firm News

People all across Illinois have likely read about the terrifying accident that occurred recently at O'Hare International Airport when a train derailed. Details of the accident are still being investigated, but the information that is available paints a frightening picture. According to reports, the combination of human error and potential equipment failure led to the crash that injured 32 people. Thankfully, no one was killed.

This one accident brings up several critical topics related to personal safety, including negligence, work accidents and defective products. 

To begin with, the crash occurred at 3 a.m. when many of the passengers were heading to or from work at the airport. The operator of the train was also on the job when she apparently dozed off, which may invite questions related to whether she was violating work requirements or if her employer permitted or encouraged her to work too many hours. When people are injured on the job or while traveling to or from a job in Illinois, they may be eligible to pursue workers' compensation for accidents that happen during the course of their employment.

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 Posted on March 18, 2014 in Firm News

Every driver in Illinois should know that they are expected to drive safely. We know that operating a motor vehicle is a responsibility and requires skill and concentration because of how much damage that can be caused by dangerous or negligent behavior. 

Unfortunately, there are many drivers in and around Springfield who fail to take this responsibility seriously, especially when it comes to using a cellphone while driving. Using a phone behind the wheel has proven to be a major threat to the safety of motorists, and the state of Illinois prohibits drivers from using a handheld device while driving. Sadly, recent reports suggest that many drivers are still failing to comply with safe driving rules.

Reports suggest that many Illinois drivers are either confused by distracted driving laws or they simply choose to ignore them. That is why accidents continue to be caused by a driver who was texting, reading an email, making a phone call or even updating a Facebook status. These actions require drivers to shift their focus from the road to what they are looking at on their phones, and taking your eyes and attention off the road for even a few seconds could be the difference between avoiding and causing an accident.

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 Posted on March 11, 2014 in Firm News

Operators of large trucks and other commercial vehicles are required to comply with more rules and regulations than other motorists. This is because they are supposed to be in control of enormous, heavy and powerful vehicles that can be difficult to operate. Truckers are required to have additional licensing and comply with state and federal trucking laws. If they fail to do these things, they can cause a catastrophic truck accident.

One of the most crucial requirements that truck drivers and their employers are supposed to observe is the length of time a driver can be behind the wheel. Driving for several hours at a time, often through rural areas and on two-lane highways, can make a driver sleepy and fatigued which is why there are strict Hours of Service rules in effect for truckers. However, not everyone complies with these guidelines. Recently, for example, a drowsy trucker caused a devastating crash in Illinois and has been named in a wrongful death lawsuit.

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 Posted on March 05, 2014 in Firm News

With record amounts of snow accumulation, it has been a good winter for downhill skiing and snowboarding parks in Illinois. However, the season went downhill fast for a snowboarding park in Algonquin over the weekend when a teen worker was seriously injured.

According to reports, the 17-year-old was working at a beginner hill at Raging Buffalo Snowboard Ski Park on Sunday when his arm became entangled in the conveyor lift. A fellow park worker discovered the injured teen, still conscious, in a pit at the top of the hill where the lift sits.

Dozens of rescuers had to work for around an hour to free the teen’s arm from the apparatus, which is used to transport skiers and snowboarders up the hill like a conveyor belt.

Once the worker was finally freed, he was immediately airlifted to Advocate Lutheran General Hospital in Park Ridge for treatment. Officials have not provided an update on the teen’s condition.

Inspectors with the U.S. Occupational Safety and Health Administration arrived at the snowboarding park on Monday to determine whether any safety violations contributed to the workplace accident.

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 Posted on February 25, 2014 in Firm News

Many American workers lose their lives each year to industrial hazards of their occupations. Understanding how to implement certain safety practices into everyday routines is essential for staying injury-free while on the job. Farming is one of the biggest industries in Illinois and may be one of the most dangerous as well.

There are many safety precautions to take into account when running a farm, especially when using farm equipment. Farmers have had various experiences while working in the field that have led to numerous injuries and even deaths. In fact, farm accidents claimed the lives of 570 people in 2011, according to the U.S. Department of Labor.

The Illinois Farm Bureau’s program manager urges farmers to educate themselves on the proper use of each piece of equipment before using it. Prevention is key, especially in an industry that reports approximately seven times more work-related injuries than any other industry. Farmers warn others to be sure to tell another person when traveling on a tractor and always wear your seatbelt. Fires and unsecured items are just a few potential dangers farmers face while riding on tractors.

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 Posted on February 19, 2014 in Firm News

While some workers’ compensation cases are easily determined, based on facts presented to the court, other cases may be a little more difficult to substantiate. A clear cut answer may not always be available, leaving the courts to determine whether or not benefits should be awarded.

During one such case, the Division of Workers’ Compensation made a ruling in May, 2013 by awarding a Harrah’s Casino employee temporary and medical benefits. The presiding judge over the case ruled that under New Jersey’s workers’ compensation law, the employee was allowed workers’ compensation benefits because she was technically still on Harrah’s property when an accident took place.

The controversial incident occurred back on September 19, 2012, when the casino dealer’s SUV was hit by a car while leaving Harrah’s Casino. Questions were raised as to whether the employee would receive workers compensation benefits because she was halfway onto MGM Mirage Boulevard when the accident happened. Police reports documented the crash site information, noting that the employee’s SUV was partially on the driveway owned by Harrah’s at the time.

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 Posted on February 12, 2014 in Firm News

After numerous patient deaths and countless violations, the doors of Alden Village North facility in Illinois will remain open. Located on the North Side, the nursing facility is responsible for the care of severely disabled young adults, as well as children with developmental disabilities.

Most recently in 2011, department officials attempted to revoke the operating license of Alden Village North using examples of nursing home neglect and death that had occurred at the facility within the past three years. After reopening the case, the facility was cited for four more deaths where medical care was delayed or insufficient.

In 2010, death and neglect issues were brought to the attention of State officials, when a journal investigation uncovered a rash of incidents that had occurred at the facility. During a ten year period, between 2000 and 2010, fourteen patients died due to the facility’s unreasonable standard of care. One nine year old boy suffered from severe bowel obstruction and died of infection and shock after being left unattended in the facility for two days. Another patient died after a medication error resulted in the administration of too much medication.

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 Posted on February 06, 2014 in Articles

Many Illinois residents have heard the use of the term tort and likely know that it is a legal term. However, there can be confusion about exactly what a tort is. Simply put, a tort is an injury that any individual sustains that was caused by another party's actions or inaction.

Some tort situations can be minor and not really warrant any follow up. Other torts, however, can result in serious consequences to victims. Permanent injury or disability, loss of limbs and even wrongful death can all be outcomes of a tort.

Some key types of torts that may warrant legal action can include:

• Slip-and-fall accidents
• Medical errors or negligence
• Defective consumer product
• Defamation
• Assault and battery
• Construction site injuries

The Trial Lawyers Association of America reports that 13 percent of all awards for punitive damages are given in product liability suits and 10 percent in medical malpractice cases. The cases most frequently awarded damages are those involving motor vehicle accidents.

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 Posted on February 06, 2014 in Firm News

Many who work in farming in Sangamon County choose to do so because they enjoy the rural locations where most farms are located. Such areas may offer a needed respite from all of the noise one finds in an urban area. Plus, the picturesque backdrop against which they work offers a peace and tranquility that can't be found working in an office.

Yet by choosing to work in such rural locations, farmers and farm workers put themselves at risk of not receiving life-saving treatment in after farm accidents. Combine that with the unique challenges and dangers that farming presents from the types of work done and the special equipment used, and one has a potential recipe for disaster should an accident occur.

Both factors appear to have come into play in the recent death of a Red Bud man. Emergency responders were called out to the remote location, located over 35 miles outside of St. Louis, after the man reportedly fell into a grain bin full of corn. After a half-hour search through the corn, his body was finally found. Authorities are currently looking into what may have caused the accident.

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