Each case is unique, and the specific benefits received will depend on factors such as the severity of the injury, the individual’s average weekly wage, and the extent of their disability. It’s essential for individuals who have been injured on the job to report their injuries promptly and seek guidance from a qualified workers’ compensation attorney to ensure they receive the benefits they are entitled to under Illinois law. Here are a few hypothetical examples of individuals who might receive workers’ compensation benefits in Illinois: Construction Worker Injured by Falling Debris: A construction worker is hit by a piece of Read more…
Category: Springfield Injury Lawyer Blog
Injured at work? Wondering if you qualify for workers’ compensation benefits? The truth is you probably do. You likely are entitled to workers’ compensation benefits, assuming your injuries occurred at work and you met the proper deadlines for applying for benefits. Read our frequently asked questions about workers compensation if your situation is unusual, or you aren’t quite sure if you are able to receive workers’ comp. TLDR: Ackerman Law Office regularly handles workers’ compensation cases. Contact Jim Ackerman to discuss your case. What if the injury was my fault? Workers’ compensation is a no-fault system of benefits. In other words, Read more…
If you have been injured at work, you may feel confused as to what to do next and/or how to claim workers’ compensation. Who do you contact to report the injury? When should you talk to a lawyer? What will happen next if you make a claim to workers’ compensation? And what do you do if your employer denies your claim? This is a simple step-by-step list to give a basic overview of what to do if you are injured at work and how to claim workers’ comp. Seek Medical Attention: If you have been injured at work, the first Read more…
Illinois law has method by which a court can order a civil litigant to undergo physical or mental examination. The point of the rule is to make sure that both sides have the ability to examine a party. In other words, it would not be fair for the defendant if the plaintiff got to pick all of her medical providers and the defendant could not have their own doctor examine the litigant. Illinois Supreme Court rule 215 is a procedure allowing doctors to examine patients. The doctor is supposed to prepare a report within 21 days of the examination. In Batson Read more…
In Illinois several appellate court cases had held that a petitioner in a workers compensation claim must show that he or she had been exposed to a risk of injury to a degree greater than the public in order to prove a compensable accident. The Supreme Court in Illinois has now been corrected that rule by holding that an injury victim need only prove he or she got injured and work-related accident. The case is called McAllister vs Illinois Workers Compensation Commission. This case applies to common everyday activities like standing from the kneeling position, bending, reaching, or twisting. In older Read more…
I’ve always wondered how much tort litigation deterred bad conduct. The word tort means bad act. Tort litigation is intended to both reimburse the victim of bad acts and to deter future bad acts. Studies tend to show that in motor vehicle accidents the laws really do not substantially effect peoples’ driving. Most people assume that this is because drivers of vehicles do not wish to get in motor vehicle accidents because they could be hurt or killed. They have a built deterrent factor – injury. Medical providers do not have the same incentive. People may very well have an Read more…
With medical bills getting more expensive, people are fighting more about whether or not medical bills are reasonable and necessary. Read about a 2019 case that led to questions about medical experts’ use of databases as collateral sources. Medical Bills & Illinois Law In Illinois, for a party to introduce bills into evidence, they are required to prove that the bills are reasonable, necessary, and related. Usually by the end of the case, the defense agrees to stipulate to allow the medical bills into evidence. Plaintiffs often use requests to admit to attempt to get the defense to agree to Read more…
As a Plaintiff’s lawyer I’m always concerned about naming the right corporate defendant. People frequently set up numerous corporations and LLC’s to protect them from liability. They often have similar names. If you look at the Cyberdrive website and look up any Corporation you will find numerous ones with similar names. To make matters worse, people who own a lot of rental property typically set up one big LLC with a different sub – LLC for each property. This can make suing the proper defendant very difficult. This came up in the recent case of Angell vs. Stantefort Family Holdings LLC. Read more…
Witness disclosures are frequently an issue in jury trials. Lawyers are required to make disclosures in civil jury trials concerning what witnesses they intend to call, and what those witnesses are expected to say. The rule is intended to prevent surprise for litigants. It is also frequently used as a sword by the opposing lawyer to keep evidence out. This became an issue in the medical malpractice claim entitled Wilson vs. Moon. In Wilson, the plaintiff’s decedent was a young man, 23 years old, who suffered a pulmonary embolism which killed him. The plaintiff’s decedent went to the emergency room complaining of Read more…
Perry Mason bringing the bad guy to justice in the courtroom. Twelve Angry Men. The OJ Simpson “if it doesn’t fit, you must acquit” murder trial. Think you know trials? You might be surprised to know that, contrary to media depictions and public perception, actual jury trials have become uncommon over the past quarter century. What does that mean for the average person who rarely sees the inside of a courtroom and only consults an attorney when something unexpected and generally negative happens in their lives? This blog post is based on a 2014 article by Marc Galanter & Angela Read more…