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Recent Blog Posts
Does Legalizing Recreational Marijuana Lead to More Traffic Accidents? Yes and No
Two studies have reviewed motor vehicle accident data for states that have legalized recreational marijuana. The findings? One study determined that there was an increase in accidents while the other found no increase.
One study found a 3 percent higher rate of car accidents than would have been anticipated without legalization in states which had legalized marijuana when compared to neighboring states that had not legalized the drug. While this is a small increase, it is significant, according to the Insurance Institute for Highway Safety.
The other study found no increase in motor vehicle accident fatalities in Colorado and Washington compared to similar states.
The differences in outcomes are accounted for several ways. First, the second study looked at deaths in car accidents while the other study looked at insurance claims. Also, the first study compared rates of states that had legalized marijuana with nearby states. The second study looked at states that had similar roadway and traffic characteristics.
How Social Media Can Derail Your Workers’ Comp Case
Posting on social media can be detrimental to your workers’ comp claim. Anyone injured, being treated, or receiving benefits should be aware of what is being posted online, both by the injured worker and friends and family.
Malingering, or pretending to have a medical condition, is a huge issue in workers’ comp cases about which employers are concerned. There are numerous medical tests and evaluations meant to detect malingering in injured workers.
An opposing party in a claim will try to gather as much information as possible, especially if that information could be used as evidence of malingering, including meticulously looking through any viewable social media.
Are You ‘Friends’ on Social Media with People from Your Job?
What if You Were Already Injured Before Your Car or Slip and Fall Accident?
Pre-existing conditions and accidents: It happens all the time, but some accident victims unnecessarily worry that their ability to be compensated will be hurt by a prior injury or medical condition.
The truth is that Illinois law is on the accident victim’s side in many of these cases, and with the help of skilled personal injury attorney, accident victims can be fully compensated for injuries sustained in accidents such as slip and falls and motor vehicle crashes, regardless of their health at the time of the accident.
Illinois Law on Pre-Existing Injuries
According to Illinois Pattern Jury Instructions 30.21, a jury will be told:
How is Fault Determined in Car Accidents?
Recovering money damages for your injuries from a car accident requires you to prove several facts. Some people think that just being hurt in a car accident means that they have a successful lawsuit in their possession, but this could not be further from the truth.
There Are Many Complications that Could Arise in Your Car Wreck Lawsuit
Few car accident cases, especially where there is a large amount of damages at stake, are cut and dry. Most of these accidents have facts that could be damaging to your ability to recover. It is the job of your attorney to assess these weaknesses and determine possible defenses.
Fault Must Be Proven and Can Be Detrimental to Your Claim
Before any discussion of injuries and medical bills can take place, an accident victim must prove fault. This is commonly an issue in car accident cases: both parties will disclaim that they caused the accident, alleging that the other party was at fault.
Accidental Deaths Surge in Summer Months
Many look forward to summertime for the longer daylight hours, road trips, and outdoor activities. However, summertime comes with its own accident risks of which you may not be aware.
In fact, there are more accidental deaths in July and August than in any other time of the year, according to the National Safety Council, a nonprofit and nongovernmental agency that focuses on safety at work. The National Safety Council says that certain accidents like poisonings, falls, and fires are especially common in the summer months.
While the United States’ overall death rates have fallen in recent years, unfortunately, in 2015 accidental fatality rates climbed to an all-time high. According to the National Safety Council, there were 146,571 accidental deaths in 2015, which is a 7 percent increase from the previous year. It is worth noting that preventable deaths account for more fatalities than strokes, Alzheimer’s disease, diabetes, and suicide.
Your Employer May Be Responsible for Your Carpal Tunnel Treatment
Workers’ compensation is not just for those who have been injured in an accident at a job site. In fact, many people receive workers’ comp benefits for repetitive injuries and injuries that are sustained in an office environment.
Carpal Tunnel Syndrome (CTS) is a fairly common condition that affects workers who use computers and well as those on factory lines. CTS often causes numbness and tingling in the hand and arm. CTS is a serious condition and an expensive one to treat.
In fact, treatment of CTS costs $2 billion annually in the United States. The cost is so high because surgery is often required. The median lost work time by those who have CTS is 27 days. This is longer than any other work-related injury with the exception of fractures. Alarmingly, about 20 percent of employees with CTS leave their job within 18 months of feeling symptoms.
Damages Available in an Illinois Wrongful Death Suit
Losing a family member in an accident that was caused or partially caused by another party is one of the hardest things a person can go through. Whether it a spouse or a parent, a death of this type leaves a void that is impossible to fill.
Under Illinois law, family members of an accident victim are entitled to monetary compensation by filing a wrongful death claim. This compensation is only determined once, and it is meant to address the needs of the family for years.
Thus, it is not advisable to accept a settlement from an insurance company without having your case reviewed by an attorney. Wrongful death cases can involve significant issues of law and compensation, and a professional should be involved.
Am I Allowed to Choose My Doctor to Treat My Workplace Injury?
If you are injured on the job, the Illinois’ Workers’ Compensation Act provides that you are entitled to medical care from doctors of your choosing. However, this right is not unlimited; there are restrictions.
The Two Doctor Rule
In Illinois, injured workers must follow the two doctor rule. This rule states that the employee can select up to two doctors for treatment for a workplace injury. Under this rule, the employee will usually select a general doctor or occupational medicine specialist, who can refer the employee to an unlimited number of specialists. The referrals do not count toward the two doctor maximum.
Workers’ comp will pay for all “reasonable and necessary” medical treatment for your injuries that were sustained on the job. If, after you have received care from two doctors, you then seek care from a doctor whom you were not referred, the workers’ comp will not cover those visits or treatments.
When Must You Report an Injury from an On-The-Job Accident?
After you have suffered a workplace accident and determine that you are injured, your first step should be informing your employer of the incident. This is required under the Illinois Worker’s Compensation Act.
Illinois law states that notice of the accident must be given to the employer as soon as “practicable,” and no later than 45 days after the accident. Failure to do this may mean a rejection of your claim, and you will not get your medical bills and lost wages paid by your employer.
While 45 days may seem like a long time, the deadline can approach quickly, especially if you did not initially realize that you were injured. If you are concerned about this deadline, contact a workers’ comp attorney as soon as possible.
What Should the Notice Say?
Head Injuries Require Initial Treatment and Rehabilitation
Head injuries are commonly sustained in accidents such as car crashes and slip and falls. This is because the brain is vulnerable and more susceptible to injury. Unfortunately, the head is also one of the most difficult body parts to treat because of its complexity and because so many bodily processes involve the brain. Treatment for brain injuries can be varied and long-term.
Often, the extent of a head injury, which includes traumatic brain injury (or TBI), is not known in the direct aftermath of an accident. Therefore it is critical that accident victims not take a quick settlement offer before the full nature of the injury is known and until they can meet with a lawyer.
Initial Treatment for Head Injuries
For mild concussions, typically monitoring for worsening symptoms and rest is all that is required. For more severe injuries, surgery may be required to remove foreign objects that have lodged in the head or to treat blood clots.
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