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February 2016 Archives

Workers' compensation causation standard: change would harm workers, P.2

Last time, we began looking at the current causation standard here in Illinois, noting that the standard is currently at one percent. Because employers must pay workers' compensation benefits in full anytime they are at all responsible for the injury, the current law is favorable to employees. The proposal to change the causation standard to the percentage corresponding to an employer's degree of responsibility would, therefore, be a step backward for employers.

Illinois's Public Duty Rule Abolished by Supreme Court:

The Illinois Supreme Court (the highest court in the State) received voted to abolish the common-law "public duty rule." Illinois's long-standing public duty rule provided local governmental entities and their employees with immunity from lawsuits by holding that they owed no duty of care to provide governmental services. This meant that local governmental entities could not be sued for failing to provide police and/or fire protection to individuals or groups, such as failing to arrive within a certain time.

Workers' compensation causation standard: change would harm workers, P.1

As we like to point out on this blog, workers' compensation is an important, even critical, financial resource for those who are injured or become ill as a result of their employment. This is particularly true given the fact that workers' compensation is generally the only source of compensation available when a worker is injured on the job.

Construction accident could result in workers' compensation claim

A deadly out-of-state construction accident occurred recently that took the life of one construction worker and seriously injured another. Police say a car ran off the road and into the construction site where the two men were working. When a construction accident like this occurs in Illinois that results in a worker being injured, that worker is typically entitled to file for workers' compensation benefits.

Why work with an attorney in seeking workers’ compensation benefits?

We’ve been taking an extending look at the way workers’ compensation benefits are calculated here in Illinois. We’ve looked briefly at how benefits are calculated for both temporary total and partial injuries, but also for permanent total and partial injuries.

Don't Wait to Seek Treatment

For the average individual involved in an automobile accident, there are undoubtedly a million things rapidly spinning through your mind immediately following the collision. The last thing is usually "how can I bolster my lawsuit." Unless an individual is catastrophically injured such as sustaining broken bones or an impact that results in loss of consciousness, enough adrenaline is usually pumping through your bloodstream, which helps you to deal with the emergency, to get you through the next couple of days. Consequently, you may not feel any pain immediately. Furthermore, many soft-tissue injuries such as neck or low-back strains, may not begin to show symptoms for days, even weeks, following your accident.

Pursuing a case against injured worker benefit fund (IWBF)

The injured worker benefit fund IWBF was created in 2005. The purpose of this fund was to compensate injured employees who worked for uninsured employers. The injured worker benefit fund receives its funding from collecting penalties and fines from employers who did not carry workers' compensation insurance. The State Treasure is ex-officio custodian of the fund. Without IWBF, employees of uninsured employers are unable to collect benefits.

How are my workers’ compensation benefits going to be calculated? P.4

This is our fourth post in a series dealing with the calculation of workers’ compensation benefits. Last time, we began speaking about the various types of permanent partial disability benefits available to injured workers. We’ve already mentioned compensation utilizing an employee’s wage differential and the schedule of injuries under the Workers’ Compensation Act.

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