Articles Posted in Personal Injury

Top-Causes-Of-Personal-Injuries-1-300x200
Injuries due to hazards on another party’s property may be compensable with personal injury damages. However, the circumstances of the injury may limit the amount one may recover in damages. For instance, Illinois makes use of comparative negligence laws that reduce damages if the injured party is partially at fault for their own injury. In some cases, it can even preclude someone from recovering damages at all.

Illinois Comparative Negligence Law

Illinois’s comparative negligence law states that if someone is partially at fault for their own injury, the damages they are entitled to recover are reduced in proportion to the amount of fault they have. For instance, if you have been injured on someone’s property and a jury finds you to be 20% at fault for that injury, your damages would be reduced by 20%.

What-Makes-a-Fatal-Accident-a-Wrongful-Death-300x200
Car accidents are a common cause of death in Illinois. Often, these accidents result from someone else’s negligent actions, in which case those most affected by the deceased’s passing should be compensated. In these cases, wrongful death charges may be warranted.

Potential Causes of Wrongful Death in a Car Accident

Wrongful death from a vehicle accident could be the result of many factors. The causal factors involved in the accident will determine who is at fault (and therefore responsible for paying damages).

a0b17396-0c0f-4513-8652-c84b6fe0a19f-300x180
Any injury sustained in the course of performing workplace duties can technically be covered by workers’ compensation, but whether you actually receive benefits depends on your specific situation. In claims involving infectious diseases—such as the novel coronavirus disease—there are many obstacles to overcome when seeking compensation.

Workers’ Compensation for Occupational Diseases

When it comes to occupational disease in Illinois, there are two laws that could potentially apply: the Workers’ Compensation Act and the Occupational Diseases Act. The latter will typically apply in the case of illness, though it does use rates based on those established by the Workers’ Compensation Act.

slip-and-fall-settlements-300x200
Slips, trips, and falls are among the most common personal injury accidents in the nation, and they often result from the negligent actions (or inactions) of another party. Determining who is at fault and proving their negligence can be a challenge in some cases, but the following steps can help you maximize your chances of recovering damages.

Steps to Proving Fault in Slip and Fall Accidents

To prove fault in a slip and fall accident, the following steps are crucial.

Curcio-Premises-Liability-Are-You-at-Fault-for-Parking-Lot-Injuries-e1522698376195-300x200
Premises liability cases involve injuries on another party’s property. The responsible party might be the land owner, the owner of a store, an on-site property manager, or maintenance providers. In some cases, these injuries are entirely preventable, and they may result from failure to adequately maintain the property.

Negligent maintenance cases are the result of poor maintenance of the property where your injury occurred.

Negligent Maintenance in Illinois

GettyImages-527859529-300x169
Over the course of filing a workers’ compensation claim, the insurance company may contact you and ask for a recorded statement. In most—if not all—cases, you should decline this request. Just tell them no.

The reason for this is because the insurance company is looking for ways to either reduce the amount they have to pay you or to deny your claim entirely.

What the Insurance Company Wants

1444665622776-300x179
Knowing who to turn to in the event of an Illinois work injury is key to recovering compensation. Most employees will only have to file a claim with their employer, but some claims may require prolonged involvement from other entities, including insurance companies and the Illinois Workers’ Compensation Commission (IWCC).

Your Employer

In the event of a workplace injury, the first party you’ll communicate with is your employer. It’s your employer’s responsibility to provide workers’ compensation benefits to their employees, and you’ll report your injury to them. Typically, injuries should be reported within 45 days of the time they occurred (or within 45 days of when you discovered that you were injured).

work-injury-hart-david-carson-llp

work-injury-hart-david-carson-llp

In most cases, workers who are injured in Illinois can be covered by Illinois workers’ compensation. However, most people don’t realize that if they are living or working outside of the state, they may still qualify for Illinois workers’ compensation if certain requirements are met. If you’re employed by an Illinois company or if you usually work within the state, you may qualify for benefits.

Covering Out-of-State Work Injuries

work-comp-claim-form-600x400-min-1-300x201
In most states, including Illinois, employees are not permitted to sue their employers for workplace injuries. The reason for this is because they are typically covered by their employers’ workers’ compensation insurance.

The Workers’ Compensation Compromise

Workers’ compensation covers most work injuries regardless of fault or liability. Illinois workers’ comp laws are particularly favorable toward workers, meaning you’re likely to be covered in the event that you are hurt on the job.

Contact Information