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Recent Blog Posts
Frequently Asked Questions About Workers’ Compensation in Illinois
If you or a loved one were hurt on the job in Illinois, you may be interested in filing a workers’ compensation claim. Workers’ compensation benefits reimburse an injured worker for medical bills and part of the workers’ lost income while the worker is recovering. However, getting the compensation you need after a work injury is not always straightforward. Knowing your rights and what the workers’ compensation process entails is key to getting the compensation you need.
What Types of Work Injuries Qualify for Workers’ Compensation Coverage?
According to Illinois law, workers’ compensation is available to most employees who are injured at work. Workers’ compensation is “no-fault” meaning that the employee does not have to prove that the injury was the employer’s fault to be eligible for compensation. As long as the work injury was caused or made worse during the course of employment, you should be covered by workers’ comp. An individual may not be entitled to workers’ compensation if the injury was self-inflicted, caused by a violation of company policy, or occurred during the commission of a crime. Injuries caused in a sudden work accident such as a fall as well as repetitive stress injuries such as carpal tunnel syndrome or back injuries may qualify for workers’ compensation coverage.
Can I Sue for Medical Malpractice if a Radiologist Misread My Tests?
Magnetic resonance imaging (MRI) tests, X-rays, ultrasounds, computed tomography (CT) tests, and other imaging tests have dramatically improved doctors’ ability to diagnose patients. These tests allow doctors to see inside a patient’s body without the need for invasive surgery. However, when the results from an imagining test are misread, the test can do more harm than good. If you were harmed because a radiologist misinterpreted the result of your imaging test, you may be able to sue for medical malpractice.
Radiologist Mistakes Can Lead to Considerable Patient Harm
Radiologists are highly educated and spend years learning about how to properly interpret the results of an imaging test. However, this does not mean that radiologists are immune to mistakes. Unfortunately, misunderstanding the results of a patient’s imaging test can be disastrous. The patient may not receive a correct diagnosis in time to prevent additional harm or even death. Failure to diagnose cancer is one of the most serious consequences that may result from a radiologist’s mistake. The patient may be left with additional medical bills, lost income from missed work, and other financial losses. He or she may be forced to suffer avoidable, painful symptoms.
Illinois State Police Cracking Down on Cell Phone Use During Distracted Driving Awareness Month
April is Distracted Driving Awareness Month. The Illinois State Police Department and the Illinois Department of Transportation have partnered with local law enforcement agencies across the state in an effort to curb cell phone use behind the wheel. While most people are aware that texting and driving is illegal, few realize just how severe an issue distracted driving has become. According to a recent study, distracted driving is a factor in over a million auto collisions each year. Using a cell phone while driving increases the chances of a crash by an astounding 400 percent.
Cell Phone Use While Driving is Dangerous and Unlawful
Although many drivers think nothing of reading or sending a message while driving, this practice leads to thousands of injury-causing and deadly car accidents every year. Some drivers justify cell phone use behind the wheel because they are only looking down at their cell phone for a few seconds at a time. However, a driver traveling at 55 mph who looks down for as few as five seconds travels over 400 feet without looking at the road. If a vehicle, pedestrian, or cyclist appears in the driver’s path, he or she may not have enough time to avoid a collision.
When is a Doctor Liable for Failing to Diagnose Cancer?
Cancer is the second leading cause of death in the United States. Almost everyone has a story of how cancer has touched their lives. Fortunately, medical advances have significantly decreased the rate at which people die of cancer. Cancer can now be detected at an earlier stage and more and more people can get the treatment they need before the disease takes their lives. However, to get the life-saving cancer treatment a patient needs, he or she must first be diagnosed with the disease by a physician. Failing to promptly diagnose cancer can constitute a form of medical malpractice.
Delayed Diagnosis or Misdiagnosis of Cancer
Receiving a diagnosis is the first step to stopping the spread of cancer. When a doctor or specialist fails to see the warning signs of cancer and order the appropriate cancer screening tests, a patient may suffer irreparable harm. Sadly, some patients die because a medical professional fails to diagnose cancer.
What if My Work Accident Exacerbated a Pre-Existing Condition?
A work accident such as a fall, caught-between accident, or equipment-related injury can cause profound suffering and financial distress. Workers’ compensation benefits are intended to reimburse an injured worker for work injuries that occur on the job. Although workers’ compensation insurance is mandatory for all Illinois employers, getting the compensation you need and deserve after a work accident can be problematic—especially when the accident has worsened a pre-existing injury.
Work Injuries Can Make an Existing Medical Condition Worse
Most adults struggle with at least one health concern. They may have a bad knee from an old sports injury, degenerative disc disease, an inherited disorder, or countless other medical conditions. When a work accident worsens an employee’s medical condition, this is also covered by workers’ compensation insurance. However, workers’ compensation claims involving aggravation of preexisting conditions are often more complex than claims involving a brand-new injury or medical condition. Workers’ compensation insurance companies or employers may argue that the condition is unrelated to the accident or that the accident did not actually worsen the condition. The insurance company may deny your claim or offer you less than you deserve.
Seeking Compensation for a Brain Injury Caused by an Illinois Car Accident
Brain injuries can vary considerably in severity. Some brain injury sufferers only experience short-term, mild symptoms. Other brain injury victims suffer from debilitating symptoms that prevent them from working or even enjoying life as they once did. If you or a loved one suffered a brain injury in a car accident in Illinois, you may be entitled to compensation. However, getting the compensation you deserve may be a very challenging task.
Reimbursement for Medical Expenses Caused by a Brain Injury
Brain injuries are typically diagnosed through imaging tests including magnetic resonance imaging (MRI) and computerized tomography (CT) scans. Brain injuries are often difficult to diagnose because the symptoms may not appear for a few hours or days after the accident. Severe brain injuries may be immediately apparent and require emergency medical intervention. Sometimes, surgery is needed to stop bleeding in the brain or relieve the pressure inside of the skull. Some brain injury sufferers must be placed in a temporary coma so that the brain has time to heal. Many severe brain injury sufferers require rehabilitative care and ongoing medical treatment for months or years.
How a Personal Injury Claim Can Help Survivors of Sexual Abuse or Sexual Assault
The Rape, Abuse & Incest National Network (RAINN) reports that one individual is sexually assaulted every 73 seconds in the United States. The effect that sexual violence has on the victim cannot be overstated. Sexual abuse victims often bear physical and psychological scars for the rest of their lives. If you or a loved one were the victim of sexual abuse, you should know that you may be able to hold the perpetrator accountable and recover damages through a personal injury lawsuit.
How a Personal Injury Case Differs From a Criminal Case
Sadly, many sexual abuse victims are abused by someone that they trusted. The perpetrator may be a family member, teacher, religious authority, community member, or another respected figure. This can often make it even harder for the victim to report the abuse. Some sexual abuse survivors can hold their abuser accountable through criminal proceedings. However, there is sometimes not enough evidence for the prosecution to secure a conviction against the perpetrator. Even if the criminal case is successful, a criminal conviction against an abuser does not offer the victim restitution.
Can I Get Compensation for Mental Health Treatment After a Car Accident?
When we think about car crash injury claims, most people picture broken bones and other physical injuries. However, not every injury that a car accident victim suffers is physical in nature. The emotional, mental, and psychological effects of a serious car accident can be profound. Many car accident victims are left with psychological symptoms that interfere with their ability to work and complete everyday responsibilities like maintaining their home or caring for children. If you have suffered psychological or mental health problems because of a car accident, you may be entitled to financial compensation through a personal injury lawsuit.
Post-Traumatic Stress Disorder and Other Mental Health Conditions
Anyone who has been involved in a serious auto collision can tell you how terrifying the ordeal can be. The psychological effects of a car crash are often especially severe if the victim feared for his or her life or witnessed other victims’ deaths. Car crashes are the leading causes of post-traumatic stress disorder (PTSD).
Can I Sue for Food Poisoning in Illinois?
Foodborne illnesses occur when food is contaminated with dangerous viruses, bacteria, or parasites. About one out of six people in the United States suffer from some type of foodborne illness each year. Some endure painful symptoms such as severe vomiting and diarrhea that keep them from working and fulfilling their daily responsibilities. Others get so sick that they require hospitalization. Sadly, about 3000 people die because of foodborne illnesses annually. If you or a loved one suffered from food poisoning or another form of foodborne illness, you may be able to sue the responsible party and collect compensation for your damages.
Foodborne Illnesses Often Occur When Food is Negligently Prepared or Stored
Most foodborne illnesses are preventable. Many times, an individual suffers a foodborne illness because a restaurant, grocery store, product manufacturer, or other party acted negligently. According to the Food and Drug Administration, the following steps can prevent most pathogens from contaminating food:
Can Shared Fault Complicate My Bicycle Accident Injury Case?
The snow finally seems to be relenting in Northern Illinois, which means that more and more people will be out riding their bicycles. Riding a bike is a healthy and cost-effective mode of transportation but it can also leave bicyclists vulnerable to dangerous collisions. If you or a loved one has been hurt in a bicycle accident, you could be entitled to compensation through a personal injury claim. However, issues like shared fault can complicate the process of getting the compensation you need and deserve.
An Injured Bicyclist May Be Considered Partly at Fault
When a bicyclist is hurt in a car accident, he or she may bring a personal injury claim against the driver’s insurance company. If the insurance company does not offer a reasonable payout, the bicyclist may file a personal injury lawsuit. The burden of proof in a personal injury case is on the plaintiff. This means that it is up to you to prove that the other driver’s negligence or carelessness caused your injuries.
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