Articles Posted in Personal Injury

In many vehicle accidents, the matter of fault is more or less clear—the person who caused the accident is typically considered to be responsible for paying damages. However, that may not be the case if the accident involves a company vehicle.

If you were involved in an accident with someone driving a corporate vehicle, their employer may be held responsible for paying damages.

Determining Fault in Vehicle Accidents

In Illinois, you are entitled to compensation for any work injuries you sustain, regardless of fault and with very few exceptions. It’s your employer’s duty to pay workers’ compensation benefits, but in some cases, they may refuse to do so. While there are instances where they are within their rights to deny benefits, refusal to pay workers’ comp is generally illegal.

In this article, we’ll discuss some of the reasons why an employer might refuse to pay workers’ compensation and what can happen as a result.

Reasons Workers’ Comp Claims Are Denied

There are many reasons why an employer may refuse to pay out workers’ compensation benefits for a work injury, some of which are legitimate. However, failing to carry workers’ compensation insurance is against Illinois law except in a few rare cases.

In this article, we’ll look at what could happen if your employer doesn’t have workers’ comp insurance.

Legal Requirement to Carry Workers’ Comp Insurance

Suppose you were injured in an accident, sued the person who caused your injury, and successfully took that case to court. Upon winning, you received a judgment against that person for the amount of money owed for your injury. You may feel like the battle is over—you’ve won, after all. However, there’s still the matter of actually collecting on your personal injury judgment.

After some period of time, your personal injury judgment may expire, making it more difficult to collect the damages you’re owed. What happens then? Here, we’ll go over the details of what might occur if your personal injury judgment expires.

Collecting on Personal Injury Judgments

When it comes to vehicle accidents—and most frequently accidents involving commercial trucks—preventability is an issue that may come up. Whether an accident is considered preventable may affect a personal injury case, but it’s worth noting the preventability and fault are not technically the same thing.

Preventability Vs. Fault

The difference between preventability and fault is as follows:

Car accidents sometimes result from another driver’s negligent actions. In the event that this causes an injury, you’ll need to be able to provide evidence that the responsible party’s negligence caused material damages to you. Here, we’ll discuss the evidence commonly used in car accident personal injury cases.

Burden of Proof in Car Accident Cases

In the event that your car accident case goes to court, the burden of proof will be on you as the plaintiff. That means it’s your responsibility—and that of your attorney—to furnish the evidence needed to prove that the defendant (the person you are suing) was responsible for your injury.

Sometimes when a work injury occurs, another incident may occur afterward that complicates the situation. If that incident in some way breaks the causal chain between your work accident and your current symptoms, then it may be considered to be an intervening injury. Intervening injuries can make it difficult to receive benefits from workers’ compensation.

Intervening Injury Definition

An intervening injury or accident occurs after whatever event prompted your workers’ compensation claim. These incidents are independent of your initial work accident.

Many activities—such as skiing, bungee jumping, sending children on field trips, and axe throwing—require you to sign a waiver or release. If you’ve signed a waiver, you may wonder what would happen if you get injured.

Can you sue for personal injury damages if you signed a waiver? In Illinois, the answer is typically “yes.”

Waivers and Release Clauses – Often Useless in Illinois

In Illinois, any injury that arises out of the performance of your work-related duties is considered to be a work injury. That may seem straightforward on the surface, but there are many instances where an injury can be covered by workers’ compensation that you might not typically expect. In this article, we’ll go over exactly what qualifies as a work-related injury in Illinois.

Work Injury Criteria

To qualify as work-related, an injury must result from your work duties in some way. That could mean an injury directly caused by a workplace accident, but it could also include repetitive strain injuries from typing or lifting, exacerbation of prior injuries/existing conditions, or any other injury that wouldn’t otherwise occur were it not for your job.

Accidents often leave enduring trauma, but that trauma doesn’t always manifest itself right away. It may be days, weeks, or even months before you notice that anything is wrong, and by that time, you may wonder if you still have grounds for a personal injury lawsuit.

The truth is if your injury is the result of another person’s neglectful actions, you are likely entitled to personal injury damages, even if you don’t notice your injury right away.

Reasons You Might Not Immediately Notice Injuries

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