Posted on November 30, 2023 in Workers' Compensation

Suppose you developed a repetitive strain injury (RSI) such as carpal tunnel syndrome or tendonitis from performing repetitive work duties over time in Illinois. In that case, you have certain rights under the state's workers' compensation system. Workers' comp laws provide important protections and benefits for employees with occupational injuries and illnesses. An Illinois lawyer can help you determine if you have a solid case to move forward.

Types of RSIs Covered

The Illinois Workers' Compensation Act covers repetitive trauma injuries that occur gradually from repeated motions and strain during work responsibilities. Examples of common repetitive stress injuries that are covered include carpal tunnel syndrome, tendonitis, bursitis, tennis elbow, trigger finger, and thoracic outlet syndrome.

For an RSI to qualify for workers' comp benefits, it must be primarily attributable to a claimant's work duties and not solely to other non-work factors. There must be a clear connection between the repetitive nature of the employee's regular work activities and the development of the chronic injury.

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 Posted on November 22, 2023 in Personal Injury

Slip and fall accidents can happen unexpectedly at retail stores, causing injuries that require medical treatment. Under Illinois premises liability law, stores have a duty of care to maintain reasonably safe conditions for customers. If you slipped and fell due to unsafe conditions, you may have a valid case for compensation. An Illinois attorney can help you look over your case and help you with the next steps.

Establishing Liability

To prove the store’s liability for your damages, you first need to establish that the store owed a duty of care to keep the premises safe for customers. This duty legally exists for anyone lawfully on the property. Next, you must show this duty was breached through negligence, such as failing to clean up a spill or allowing floor hazards like torn carpeting or uneven flooring. 

There must be a direct, verifiable connection between the hazardous condition, your accident, and resulting injuries. You will also need evidence that you suffered monetary damages because of the accident, such as medical bills, lost income, or other costs.

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 Posted on November 14, 2023 in Personal Injury

Being attacked and bitten by a dog can result in severe physical and emotional trauma. While pet owners are usually responsible for injuries caused by their dogs, liability gets more complicated when renters are bitten by a landlord’s dog on a rental property. Landlords can be legally responsible if their dog attacks and injures a tenant, guest, or passerby. An Illinois lawyer can help you determine if your landlord is at fault.

Establishing Liability

Under Illinois law, landlords may share in liability for a dog bite or attack if:

• The landlord was aware of the dog’s dangerous history or aggression but failed to inform tenants or take protective action (known as “prior knowledge”).
• The attack occurred in a common area like a shared yard, hallway, or lobby under the landlord’s control.

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 Posted on November 02, 2023 in Personal Injury

When bringing a product liability case in Illinois, having strong proof is essential for showing that a defective product caused injury or damage. Gathering the right evidence can make or break your case, so understanding the types of proof needed is critical. An Illinois attorney can help you with your evidence to build a solid case.

Evidence of a Defect

First, you must demonstrate that the product contained a defect—whether a manufacturing defect, design defect, or failure to include adequate warnings or instructions. There are several ways to prove a flaw existed.

Expert testimony can explain precisely how or why the product was defective. These experts may be engineers, manufacturers, or specialists who understand the product intricately and can identify the defect based on their deep knowledge. Their testimony can help your case tremendously.

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 Posted on October 30, 2023 in Personal Injury

Suffering an injury in an accident that was not your fault can be devastating. While you may have a valid claim for compensation, there are common mistakes that can ruin your chances of getting all the damages you deserve in Illinois. Avoid these mistakes and get help from an Illinois lawyer to build a strong case.

Not Getting Medical Treatment Soon Enough

It is critical to seek medical attention immediately after an accident, even if you do not feel hurt at first. Delaying treatment makes it easy for insurance companies to argue your injuries are not related to the crash or are not serious. Get checked out and follow your doctor’s recommendations. The records will support your claim.

Failing to Document the Accident Thoroughly

Insurance adjusters look for inconsistencies or missing details to deny or minimize claims. Be sure to get photos of your injuries, damage, and the accident scene. Get witness names and statements. Write down your recollection of events immediately while fresh. Thorough documentation makes it much harder to dispute your version of what happened.

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 Posted on October 20, 2023 in Personal Injury

If you were injured by an agency or municipality, you may feel discouraged from pursuing injury compensation. You may feel like there are barriers in the way. However, you deserve justice, and an Illinois lawyer can help you assemble a strong case.

The Illinois Tort Act

This Illinois statute heavily favors government defendants. It has rigid constraints like:

• Strict notice deadlines before lawsuits can proceed
• Limited exceptions where immunity is waived
• Damage caps restricting potential compensation

These provisions may make it feel like you cannot get anywhere with your case. However, a personal injury attorney with experience with the Tort Immunity Act can help navigate its complexity on your behalf. While it can be an intimidating process, you should not back down.

Providing Complete, Timely Notice

Before suing an Illinois public entity, written notice must be served within one year specifying the injured party’s information, full details of the incident, involved government employees, and an itemization of damages sought. Deficient or late notice jeopardizes claims. An attorney can help you handle the notice to preserve your rights.

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 Posted on October 12, 2023 in Workers' Compensation

When you experience a workplace injury in Illinois, filing for workers’ compensation benefits is important. While the system is designed to provide support, getting your workers’ comp claim approved can often be challenging.

There are steps you can take to help build a strong case for the benefits you deserve. An Illinois lawyer can help you with the steps along the way.

1. Document Everything Related to Your Injury

Thorough documentation is essential when filing a workers’ comp claim. Be sure to gather as much evidence as possible related to your work injury, including:

• Date, time, location, and exact circumstances of the accident
• Names of witnesses or people you reported the incident to
• List of all injuries and medical treatment received
• Photos of unsafe conditions that caused the accident

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 Posted on October 03, 2023 in Workers' Compensation

In Illinois, an injured employee can receive workers’ compensation benefits even if they were partially at fault for the workplace accident. Contributory negligence laws protect workers in many cases. However, benefits may be reduced based on an employee’s percentage of fault. Understanding these rules and how an Illinois lawyer can help is critical after an on-the-job injury.

What is Contributory Negligence?

Contributory negligence refers to when an injured employee fails to use reasonable care while performing job duties leading up to an accident. For example, they may violate a known safety policy or misuse equipment.

This contributes to the accident, but the employer also fails to maintain a safe working environment. So, both parties share some fault.

Illinois Workers’ Comp Laws

Illinois operates under comparative fault rules for workplace injuries. This means a worker’s compensation claim cannot be entirely barred because the employee was partially negligent. The reduction of benefits is possible based on the percentage of fault.

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 Posted on September 29, 2023 in Medical Malpractice

Seeking justice after suffering harm due to a doctor’s negligence can feel like an uphill battle. Medical malpractice cases are complex, and physicians often have extensive resources to defend against allegations. 

However, holding negligent doctors accountable is essential to protect patients and induce better care. Understanding your legal rights and working with an experienced Chicago attorney is important.

Proving Medical Malpractice

In Illinois, patients claiming medical malpractice must show that a healthcare provider deviated from the proper standard of care and that this deviation directly caused injury or death. Simply demonstrating that a doctor made a mistake is not enough. 

The care provided must fall below what a reasonable physician would have done under the same circumstances. Securing evidence like medical records and expert testimony is crucial to proving negligence and causation in a malpractice case. An attorney can help patients navigate these legal hurdles.

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 Posted on September 19, 2023 in Personal Injury

If you are injured in an accident caused by someone else, you can recover damages for your pain and suffering. However, what exactly constitutes compensable pain and suffering? An Illinois lawyer can help you determine if you have a case for your specific situation. The following is what may qualify you for damages in this state.

Physical Pain

Any physical pain stemming from crash-related injuries qualifies for damages. This includes pain from initial trauma, hospital stays, surgeries, procedures, and medical treatments. Compensation depends on the pain's severity, duration, and impact on daily functioning. Keeping detailed records helps establish this. Documenting pain levels frequently using a scale of 1-10 can demonstrate severity over time.

Mental Suffering

Accident victims can receive damages for related mental suffering. This includes negative emotions from injuries, like depression, anxiety, fear, sadness, and anger. Working with a therapist can validate these mental health impacts for court. Keep notes on days when mental distress makes even simple tasks difficult.

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