Chicago Personal
Injury Attorney Blog

Construction sites can be and often are danger zones. Potential hazards abound as employees are routinely exposed to trip and fall danger, in addition to heavy lifting or other strenuous job requirements. Chicago Personal Injury Attorneys who handle Construction Injury Cases in Illinois have found that the most common injuries are due to lifting. The most serious are usually due to falls from heights. But even a minor trip over a piece of conduit can result in a life-changing injury.

Severe injuries to construction workers can be absolutely devastating. Since construction work is typically heavy-duty, requiring specific physical demands, often there is no light or moderate work duty available, as may be recommended by your physician or the employer’s insurance company. If this is the case, it may be nearly impossible for an injured construction worker to find a comparable job. In the state of Illinois, Personal Injury Lawyers can help you understand the state-specific laws which protect the hard work and unique skills of tradesmen and laborers.

If you were injured on a construction site in Illinois, Personal Injury Lawyers can help you pursue full and just compensation under the law. Obviously, you will have a Worker’s Compensation claim if the injury happened on the job. But other factors may influence your case. For example, what do you do if the employer has no insurance? Can your case still go forward? What about a third-party case? Your Chicago Personal Injury attorney can answer these questions for you, and you should seek consultation immediately after your injury.

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Now that you understand the importance of acting quickly after an injury on the job (see parts 1-3 of this series), the first step is to file a timely injury report with your employer. If you delay or fail to notify your employer of this injury, you may lose your right to receive compensation. Therefore, even if your injury does not at first appear to be serious, the event/injury should be reported, and you should contact a Chicago Personal Injury Attorney immediately, who can help you follow the proper protocol thus protecting your legal rights.

The following are answers to common questions addressed to Illinois Personal Injury Lawyers who specialize in Worker’s compensation.

Question: When should report my injury?

Chicago Personal Injury Attorney: “In most cases, you must notify your employer of the injury within 45 days after the accident occurred. Injuries caused by repetitive work activity (with no specific traumatic accident) must be reported within 45 days of the date in which the condition first became apparent. Radiation injury must be reported within 90 days after you suspect that you were exposed to radiation. Occupational diseases must be reported as soon you become aware of the condition. Remember - DELAY IN REPORTING AN INJURY OR DISEASE CAN RESULT IN LOSS OF ALL BENEFITS.”

Question: Whom should I notify?

Chicago Personal Injury Attorney: “You should notify a person in a position of authority, such as a supervisor, foreman, safety director, dispatcher, personnel director, owner, corporate officer, company nurse, plan physician, or member other member of management.”

Question: Should the notice be in writing?

Chicago Personal Injury Attorney: “Oral notice is allowed, but it is to your advantage to fill out a written accident report. Otherwise, it is possible that your employer may later deny that you gave oral notice of your injury. It is very important that you request a copy of your written notice at the time of completion and submission. You should keep a file of ALL communication regarding your work-related injury or disease, including the names and dates of any insurance company, claims adjuster, case manager or insurance company nurse who contacts you.”

Question: What should the notice include?

Chicago Personal Injury Attorney: “Notice of injury should include the date and place of the accident, if known. To avoid delays, we also recommend that you include your full name, address, telephone number, Social Security number, date of birth, and a brief description of the injury, accident or disease.”

If you have sustained injury because of your work, or while on-the-job in Illinois, Personal Injury Lawyers will help you obtain just compensation under the law.

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If you were injured while at work, or because of your work, you should contact a Chicago Personal Injury Attorney who specializes in Workers’ Compensation claims in Illinois. Personal Injury Lawyers can help you preserve evidence, which is a key factor in preparing your case. Your case must be filed before the statute of limitations expires.

The type of case you have and the identity of the parties responsible for your injuries will determine both the amount of timeframe within which you (along with the help of your Illinois Workers Compensation Attorney) are permitted to file a third-party lawsuit and the particular court in which you may file your case. This timeframe is defined as the Statute of Limitations.

In general, third-party cases must be filed within two years following an injury. However the time limit in your particular case may be longer OR shorter. For example, cases filed against municipalities, local public entities or the State of Illinois must be filed within one year following the injury. Cases against the Chicago Transit Authority require certain notices to be filed within six months. Chicago Personal Injury Attorneys can help you determine the statute of limitations appropriate to your case.

Some legal exceptions exist and should be discussed with a Chicago Personal Injury Attorney who specializes in Illinois Workers’ Compensation. Failure to file before the Statue of Limitations expires may cause you to forever lose any legal right to recover damages from a third party.

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Third-Party Cases

In the previous posting we discussed the legal ramifications of a Workers’ Comp claim in Illinois. If someone other than your employer was at fault or otherwise legally responsible for your injury, you may have the right to pursue a separate, “third-party” case.  Chicago Personal Injury Attorneys can help you determine whether or not this applies to your particular case.

According to the law in Illinois, Personal Injury Lawyers may hold a third-party liable for any number of reasons, some of which may include negligence or carelessness (or breach of a duty imposed by law); manufacture of a dangerous or defective product; violation of a state or federal statute; or participation in certain ultra-hazardous activities. Awards in third-party cases are often greater than the workers’ comp benefits which may be available for the same injuries.

In most third-party cases, there is no fixed limit on the dollar amount of damages you may recover for your injuries. To determine whether a third party is legally responsible for your injury, you should give a complete description of your accident to an Illinois Personal Injury Lawyer. Investigation of a third-party case should be made immediately, while the evidence still exists. Your Illinois Workers Comp Lawyer will want to photograph the occurrence site or the equipment involved in the accident, and interview witnesses (or persons with knowledge of the accident) while the facts are still fresh.

If you delay in contacting a Chicago Personal Injury Attorney, the people and/or companies who caused your injuries will be gaining an unfair advantage in your case, since they are likely to be gathering evidence, taking photographs and interviewing witnesses with an eye towards damaging your case and/or reducing its dollar value. Furthermore, the statute of limitations for your particular case may expire, after which point even the most dedicated Illinois Personal Injury Lawyer has no legal grounds to pursue compensation

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If you or someone you know has been injured on the job in Illinois, Personal Injury Lawyers can help you navigate the complicated laws regarding Workers’ Compensation. “Workers’ Compensation” or workers’ comp, for short, is a system of benefits for people with job-related injuries or disease. Almost every worker in Illinois is covered by workers’ comp, and your employer is responsible for payment of your benefits.

If you were injured because of or while at your job, you should retain a Chicago Workers’ Comp Attorney immediately. Your employer and its insurance company have competent, well-paid Illinois Workers Compensation Lawyers representing them and their interests, and they are under no obligation to advise you of your rights and remedies under Workers’ Compensation law in Illinois. Personal Injury Lawyers whose practice is concentrated in the field of Workers’ Compensation can protect your rights and assure that you will receive the maximum amount of compensation permitted by law.

It is crucial to remember that a Workers’ Compensation claim involves not only compensation for the injury itself, but also future protection in case your injury prevents you from returning to your pre-injury job.

In addition, if you fail to hire an Illinois Personal Injury Lawyer to handle your workers’ compensation case, you may never learn of the existence of a valuable third-party case which may entitle you to additional compensation for your injuries. In Part II of this series, our Chicago Personal Injury Attorneys will explain third-party cases in more detail.

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To put it simply, Products Liability Law is extremely complex. If you were injured due to a defective product you will need an experienced Illinois Personal Injury Lawyer if you live in or near Chicago. Personal Injury Attorneys can help you determine whether or not you have a case. In any jurisdiction, one must prove that a product is defective.

When preparing to file a products liability claim in Illinois, Personal Injury Lawyers must ask one important question, long before trying to prove liability. That is, “what constitutes a product?” The definitions may vary state to state, and there is no federal products liability law.

Illinois courts have addressed this question on a case by case basis. The following items have been found NOT to be a product under Illinois law:

1. Services
2. X-rays
3. Human body parts (blood, tissue or organs)
4. Living creatures (dogs, horses, etc)
5. Buildings and sometimes, their components. Illinois law holds guardrails, lights, windows, steam pipes, and roofs of a building not to be products. But, heating, ventilation and A/C systems, steel plates incorporated into real property, a dance floor and a conveyor belt have all been held to be products.

If you or someone you know has been injured due to a manufacturing defect or poor product design, or if a manufacturer failed to warn of a potential risk, you should contact a Chicago Personal Injury Attorney immediately if you live in Illinois. Personal Injury Lawyers will help you determine the merits of your case.

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Negligence is a legal term regarding the failure to use “reasonable care” – which simply means doing (or not doing) something that an ordinary person would do under similar circumstances. In Illinois, Personal Injury Lawyers can help you achieve compensation in the case where an injury occurred due to the negligence, or “carelessness” of another.

Negligence cannot occur without “duty.” A person or company must owe you a “duty” in order for them to be found negligent. A Chicago Personal Injury Attorney can help you understand the law regarding who owes a duty to whom.

According to the law in Illinois, Personal Injury Lawyers may show that the following people (among others) owe the general public a duty of reasonable care: automobile operators, general contractors, product manufactures, physicians, homeowners, business owners, landlords, airlines, many government agencies, even lawyers!

If you live in or around Chicago, Personal Injury Attorneys must prove the following in a negligence case: that the Defendant owed the injured Plaintiff a duty, showed carelessness, and that their carelessness caused the injury in question. However, simply proving negligence does guarantee an award of damages. An experienced negligence Illinois Personal Injury Lawyer can help you or someone you know fight for the compensation you deserve.

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It is unacceptable, but it is the truth none-the-less. Patients are falling in nursing homes all-too-often. Sadly enough, these falls may often be prevented. Approximately 15% — 28% of falls within skilled nursing facilities are caused by environmental hazards, such as poor lighting, wet floors, clutter, improper bed height and/or lack of bed rails, and equipment (walkers and wheelchairs)that has been poorly maintained. Illinois Personal Injury Lawyers can help you fight for justice for your loved one after an unnecessary fall in a nursing home, as well has help you prevent unnecessary accidents from occuring.

While a person can reasonably accept that there are circumstances that commonly increase the risk of falls among the aging, licensed care providers are mandated by law to assess the risk of falling for each and every patient and when necessary, initiate a care plan to prevent such injury. Licensed care facilities must also ensure a safe, manageable environment free of obstructions and hazards. In Chicago, Personal Injury Attorneys can help you assess whether or not negligence may have been a factor in the case of a fall.

It is estimated 75% of nursing home and long-term care residents fall each year (twice the number of falls suffered by the elderly living independently within their communities), 1,800 of which will be fatal. An additional 10% - 20% will suffer serious injuries, many of which could have been prevented.

Preventative measures can and should be taken if you believe your loved one is compromised mentally or physically in such a way that the risk of falling is present. Discuss your concerns with staff. Chicago Personal Injury Attorneys recommend asking for a care plan to be put into place within the medical record for all care providers to follow. If an explanation has been given suggesting an injury occurred as a result of a fall, a facility then has a duty to put preventative measures in place to protect the patient from future injuries. Family members or a patient’s representative must inquire as to why such an injury/accident was not anticipated, and what preventative measures will be taken in the future.

In Illinois, Personal Injury Laywers familiar with nursing home neglect can help you obtain a complete medical record for review. Sadly, families often learn far too late that injuries caused by falling have occurred in the past/frequently, and could have — should have — been prevented altogether. Family members cannot and should not be expected to anticipate all the additional needs their loved ones may require to prevent injury. However, licensed facilities are required by law to be familiar with such risks, provide trained caregivers and staffing levels capable of meeting the needs of their patients, and MUST be held accountable when preventable injuries occur.

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As life expectancy increases and the enormous baby boomer population ages, issues like elder abuse and neglect in nursing homes continue to rise to the forefront of personal injury law. This type of crime is obviously heinous, with the most common infractions involving financial abuse and physical and psychological abuse.

Unfortunately, the caregiver is usually the person responsible for this type of mistreatment. Under the law, however, a nursing home facility may also be named in an elder abuse lawsuit. If you suspect someone you know is the victim of nursing home neglect and/or elder abuse, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers will advise you of your rights and help you take action to remove the elderly person from harm.

Having the ability to detect the signs of elder abuse is essential. Many senior citizens who are the victims of abuse are unable or afraid to report the crimes committed against them – and must rely on the watchful eyes of loved ones or friends. Physical signs of possible neglect include weight loss, dehydration, bruises, bed sores or other types of wounds. Suspicious behavior of nursing home staff such as refusing to leave the patient alone with a visitor may also be red flags signaling elder abuse or neglect.

Recognizing emotional changes in the senior citizen, as well as the physical signs of abuse, is convincing evidence of neglect. If you suspect that a friend or a loved one is being abused by their caregiver either in a private residence or a nursing home facility, contact a Chicago personal injury attorney immediately. The elderly have rights and acts of abuse committed against them are illegal. Illinois personal injury lawyers will work to prevent the abuse and seek compensation for damages including pain and suffering – and do what they can to make sure the abuser is no longer able to inflict harm on others.

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In part one of this post, we discussed the signs of elder abuse. What are the red flags pointing to abuse or neglect? Physical signs, such as bruises, bed sores and weight loss, and psychological signs such as depression or anxiety. Fear of further abuse often stops victims from reporting the crimes committed against them – but these senior citizens do have rights.

If you suspect an elderly parent or friend is the victim of abuse or neglect in a private or nursing home setting, the victim may be due compensation under the law. Contact Illinois personal injury lawyers who are experienced in representing cases of elder abuse. A Chicago personal injury attorney will be able to act fast to protect the individual from further harm.

Sadly, one form of elder abuse that is growing more rampant every year is financial abuse. This occurs when a senior citizen is subject to theft of their own assets, including money and property. Both in nursing homes and private residences, the elderly can and do fall victim to thieves disguised as caregivers. These criminals might take money or possessions, cash checks and forge other financial documents. Unfortunately, sometimes even the family of the elderly person can be guilty of abusing their position as guardian, or their power of attorney.

If you suspect that a senior citizen may be the victim of financial abuse, it is essential to contact an attorney right away. An experienced Chicago personal injury attorney will be able to take immediate steps to halt the actions of the person who is taking financial advantage of the senior citizen. If you are not certain that you have enough proof to file a personal injury claim on behalf of the victim, consult with Illinois personal injury lawyers who know the warning signs. These include: changes in the will, missing funds or items, unpaid bills, bounced checks or an addition to the bank signature card. Paying attention to everyday bank activity will give you the evidence you may need to file a claim against an abuser.

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