Chicago Personal
Injury Attorney Blog

If you have been injured on the job in Illinois, personal injury lawyers with experience in worker’s compensation cases can help guide you through the legal process.  They are skilled in all aspects of reporting the injury and will assist in protecting your rights as stated in the Illinois Workers Compensation Act.

The first step to take after being the victim of a workplace injury is to report it immediately.  The law allows more time to do so, yet delays in reporting can increase suspicions.  Any suspicion may increase the risk of an employer disputing the case.  Generally, you have up to forty five days to report an injury.  If the injury was caused by repetitive work activity and not a specific accident, you also have up to forty five days to report the condition from the first day you noticed symptoms.  Illinois personal injury lawyers stress that any delay in reporting an injury can result in a loss of all benefits.

Notify a person in position of authority if you have been injured.  Possible examples include a supervisor, foreman, safety director, dispatcher, owner, personnel director, company nurse, plan physician, corporate officer, or any member of management.  You are allowed by law to give oral notice; however, filling out a written accident report will give you an advantage.  You do not want to allow the possibility of your employer denying that you gave oral notice.

Your written notice should include the date and place of the accident, your full name, telephone number, address, Social Security Number, birthday and a description of the incident.  It is extremely important to request a copy of your written notice when it is completed and submitted.  Keep a file of every communication regarding your injury.  This includes the dates and names of any insurance company, case manager or claims adjuster.

If you live in or around the area of Chicago, personal injury attorneys with experience in worker’s compensation cases are available to protect your rights if you have been injured on the job.

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If you live in or around Chicago, personal injury attorneys can help answer any questions regarding medical benefits following a workplace injury.  Medical bills can be overwhelming and will add another stress factor to recovering from an injury.  Worrying about whether your employer will pay can be daunting.  In this post, Illinois personal injury lawyers answer common questions regarding medical benefits.

“What medical expenses will my employer pay?”

All medical expenses necessary for medical, first aid, surgical and hospital services reasonably required to relieve or cure the effects of your injury or disease.

“What if my employer will not pay my medical bills?”

You have the right to a hearing at the Workers’ Compensation Commission.  Recent laws may require your employer to pay penalties for unreasonable delays in medical expense payment.

“Can I choose the doctor or hospital I prefer?”

Yes, you can choose any doctor or hospital at your employer’s expense.

“Will the doctor or hospital who treats me have any obligations?”

Yes.  Your treating doctor or hospital must furnish information required by law upon written request.  Your employer may refuse payment or delay it if the information is not provided.  A Chicago personal injury attorney should be consulted if the treating physician needs to communicate with your employer, and you should be present during any meeting between the parties.

“Does my employer have the right to send me to a company doctor for evaluation?”

Yes, at a reasonable place and time.  If you fail to attend an examination by a company doctor, it may result in suspension, loss, or denial of your weekly workers’ compensation benefits.  The employer must pay for the exam, lost wages if any due to your examination, any necessary meals (if it is a long trip), and any other travel costs.

“Is there any limits regarding the number of doctors I can see?”

Yes.  Generally, your employer must pay for all services of the first treating doctor you select and any specialists, doctors, or hospitals you are referred to by the first treating doctor.  If you change treating physicians, your employer must also pay for the services of the second treating doctor.  Notify your employer if you change physicians.  If you choose a third treating doctor without a referral, you must pay for that doctor’s services.

Experienced Illinois personal injury lawyers can answer any additional questions you have pertaining to medical benefits under worker’s compensation laws.  Employers and/or their insurance companies often take advantage of situations and a qualified Chicago personal injury attorney can assist in fighting for your rights and proper worker’s compensation benefits.

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Most workers are forced to take time off of work when they have suffered an on the job injury.  If a worker loses more than three days of work, temporary total disability benefits are paid.  A Chicago personal injury attorney explains that the effects of injuries can last far longer than three days, and at times the injury never fully heals.  A permanent injury is devastating and life changing.  Illinois personal injury lawyers are often needed to assist in gaining full compensation under the law.

A question often asked by injured workers is “What if I can never work again?”  According to a Chicago personal injury attorney, if you are unable to perform any work, you are considered totally and permanently disabled.  You will be able to receive weekly benefits for the rest of your life.  The amount paid will be determined using your average weekly wage during the prior year.  The pay rate will be two-thirds of the gross wage and is subject to legal minimums and maximums.

If you are able to work, but not at the same job you were doing, your employer must compensate you for wages lost.  If you have a loss of earning capacity, you will be entitled to weekly benefits.  These benefits will be two-thirds of the difference between the amount you would be earning in your pre-injury occupation and the amount you are currently able to earn.  Legal limits apply to these benefits according to Illinois personal injury lawyers.

Residual disability and scarring often occurs which can also lead to compensation.  Your employer must pay compensation if you have suffered a partial or total loss to any part of your body.  Permanent partial disability (PPD) must be paid for a specified number of weeks depending on what part of your body is injured.  If the body part is scarred or disfigured you are also entitled to compensation.

Recently, worker’s compensation benefits have increased in Illinois.  Personal injury lawyers can help you gain full compensation under the law.  Partial and permanent disabilities can be life changing and traumatic.  Contact a Chicago personal injury attorney if you have been the victim of an injury on the job and feel you should receive worker’s compensation benefits.

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Airbags were originally designed to save lives and have been very successful in doing so; however, airbags have also led to injuries and deaths among drivers and passengers.  When an airbag deploys, it produces over one thousand pounds of force and has an average speed of 200 mph.  Airbags inflate and deflate in less than one second but the damage that can occur often lasts a lifetime.  Illinois personal injury lawyers have represented numerous victims over the years who have been injured due to the malfunction of an airbag.

According to a Chicago personal injury attorney, malfunctions and manufacturer defects are increasingly becoming common as airbag systems and sensors increase in complexity.  The technology of algorithms and computers that control can be very complicated; therefore, airbags do not function perfectly in all incidents.  Thousands of lives have been saved over the past fifty years, especially in the case of high speed front-impact collisions but injuries are still prevalent.

Many of the serious injuries occur when airbags deploy late or at low speeds.  When an unneeded deployment occurs, passengers in a car who might have been unharmed during the accident become injured.  When an airbag does not properly deploy, multiple experts must determine if it should have.  Airbag legal cases can become complicated quickly and skilled Illinois personal injury lawyers with specialization in auto products liability cases are crucial in helping victims receive deserved compensation.

If you have been injured due to a defective airbag, call a competent Chicago personal injury attorney as soon as possible.  The scientific and engineering principles behind airbag deployment are complicated and you need a skilled auto product attorney by your side.

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If you live in or around Chicago, personal injury attorneys with extensive experience in worker’s compensation cases can help to you achieve the maximum benefits allowed by law.  In many worker’s compensation cases, payments for disability of lost time will suddenly cease.  If this happens, you have the right to file a “petition for emergency hearing” with the Illinois Workers Compensation Commission.  This Commission refers to the court which hears worker’s compensation claims in Illinois.

In this situation, you have two choices:  Representing yourself in court, or hiring an Illinois personal injury lawyer.  Your case will be heard by an arbitrator and will be an “adversarial meeting.”  This means your employer is represented by council.  Hiring a Chicago personal injury attorney with experience and proficiency in worker’s compensation law is crucial.  He or she will be able to present evidence supporting your claim best, due to his or her knowledge and experience in the field.

The adversarial meeting will result in the arbitrator deciding whether or not you will be eligible to continue receiving benefits.  A written decision will be given to both parties involved.  Any decision made can be appealed to higher courts.  If you decide to appeal, you will need expert representation by an Illinois personal injury lawyer.  Appeals may continue all the way up the court system.

Contact a Chicago personal injury attorney if your disability payments have suddenly ceased and you plan on filing a petition for emergency hearing.

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Skilled Illinois personal injury lawyers have extensive experience with workers compensation law and the exceptions of the law.  On the surface, workers compensation claims may appear simple.  If a person is injured at work, he or she should be covered by workers compensation.  Simplicity disappears when traveling factors take place.  For instance, what if a worker is injured while driving to or from work?  What if an injury took place while making a stop pertaining to work?  What if you are known as a “traveling employee” and spend a great amount of time with added hazards?

As a Chicago personal injury attorney explains, injuries as a result of going from home to work are usually not covered under workers compensation laws; however, a separate lawsuit could arise with another driver.  With all areas of law, there are exceptions.  One exception to workers compensation law is the “traveling employee.”  If you are assigned by an employer to travel somewhere for work purposes, you are considered to have expanded the scope of your job to include additional driving hazards.  An injury as a result of this added hazard is generally included under workers compensation laws.

A second exception is in regards to a “special mission.”  Illinois, personal injury lawyers explain that anything assigned which takes you away from your normal routine would be under consideration for workers compensation.

If you have been injured on the job in Chicago, personal injury attorneys can help explain the laws, guidelines and exceptions applicable to your case.  They have extensive experience and can help you receive the proper compensation you deserve.

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In Chicago, personal injury attorneys often represent individuals who have been injured in a construction injury.  These devastating injuries can alter life dramatically and cause a great deal of pain and suffering.  Work sites are often dangerous, and when an injury occurs, that worker faces the possibility of an end to his or her career.

Unfortunately, Illinois personal injury lawyers have refused representing clients due to either the client of the nature of his or her claim.  In some cases, the lawyer will state that the case will take too long to settle, or the company is too large to sue.  These statements are not valid.  If you face losing your career, or have been injured, you deserve compensation.  A skilled and competent Chicago personal injury attorney has compassion towards those in the labor industry and will fight with aggression to ensure compensation.  Intimidation by lawyers making invalid claims should not be tolerated.

According to one of our Illinois personal injury lawyers, no such thing exists as a case that will take too long to settle, or a company too large to sue.  Those two reasons are not factors to be considered when considering pursuing justice.  Larger companies generally have the proper insurance and funds to cover a lawsuit which all leads to proper compensation for construction injuries.

The validity of a claim is the only reason a Chicago personal injury attorney should decide against representing a client.  Illinois personal injury lawyers can help determine whether you have a valid case according to Illinois state laws.

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A class action lawsuit is brought about when a suit is filed by an individual (or individuals) on behalf of many people with similar complaints.  In Illinois, personal injury lawyers fight cases against powerful corporate giants such as Cannon, AOL, General Motors and Sunbeam on behalf of harmed individuals.  If you are considering pursuing a class action lawsuit in Chicago, personal injury attorneys can answer any questions, provide you with valuable information regarding consumer protection and provide a proper plan of action.

Illinois personal injury lawyers generally represent different types of consumers who file Class Action lawsuits.  Employee groups who have had similar problems in relation with their job, consumers with complaints about a defective product, complaints about unfair business practices and consumers who have been unlawfully abused by debt collectors are represented frequently.

The experience and strength of a Chicago personal injury attorney is vital to the success of any Class Action lawsuit.  Plaintiffs benefit by strength in numbers and sharing legal representation.  These two factors give them an enormous advantage over the process of individual litigation.  Class Action lawsuits can quickly become arduous and complicated;
therefore legal expertise along with experience in consumer law is crucial.  Illinois personal injury lawyers can provide just that.

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Duragesic patches are a pain relieving product that delivers fentanyl, a highly powerful drug through the skin over several days.  Fentanyl is up to one hundred times stronger than morphine.  This opioid pain medicine is normally used for treatment of severe pain such as cancer or nerve disorders.  Illinois personal injury lawyers are finding out that doctors are increasingly using this powerful drug for less serious afflictions such as back pain and migraines.

Duragesic patches deliver fentanyl through the skin over several days.  Duragestic is the trade name of a “fentanyl transdermal therapeutic system” which is the technical name for the patch.  This product is marketed by Janssen Pharmaceutica and manufactured by ALZA Corporation.  These companies are both subsidiareis of Johnson & Johnson.  Because of the slow release, Duragesic patches can provide up to seventy two hours of pain relief.

Although you probably haven’t heard about it on the news, this powerful narcotic has caused dangerous and deadly side effects in and around Chicago.  Personal injury attorneys explain that a design flaw caused some of these patches to leak the powerful drug into the body too quickly for the body to properly absorb it.  The FDA launched an investigation and found well over one hundred deaths associated with the patch.

Illinois personal injury lawyers must step in when patients have been harmed by this powerful product.  The following symptoms are signs of fentanyl overdose:

• Inability to walk, talk or think properly
• Feeling dizzy, confused or faint
• Tiredness, sedation or extreme sleepiness
• Shallow or trouble breathing

If any of these signs are present, the patient must get medical attention quickly.  If you have experienced and serious side effects from Duragesic patches, contact a Chicago personal injury attorney immediately.

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If you have been the victim of a personal injury and you live in Illinois, personal injury lawyers can guide you on which court holds jurisdiction over your particular case.  These skilled lawyers will know which court is appropriate to file your claim.

According to a Chicago personal injury attorney, a court must have a subject matter jurisdiction along with a personal jurisdiction in order to make a valid, legal decision.  Subject matter jurisdiction will establish the court’s power to hear which type of lawsuit is involved.  The rules surrounding personal jurisdiction determines whether a court will have power over a particular defendant.  Experienced Illinois personal injury lawyers can help determine and explain which jurisdiction your case will apply to.

In almost all cases, courts in a state have a personal jurisdiction over all businesses and people who conduct business in that specific state.  If you are a citizen of Illinois, and/or your injury took place in Illinois, your case would be tried locally because the state court would have personal jurisdiction over all state citizens.

On the job injuries are an exception to this normality.  Many workers are protected by the Federal Employees Liability Act (FELA).  For instance, a railroad worker who is injured on the job would be provided special protection under this law.  Other exceptions exist relating to personal injuries; however, state courts will have personal jurisdiction under most circumstances.

Claims can become complicated quickly; therefore, if you are suffering from an injury, contact a Chicago personal injury attorney quickly.  He or she has extensive knowledge on jurisdiction limitations and will pursue your claim with diligence.

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