Firm News & Legal Updates

Workers’ Compensation and Wrongful Death in Illinois

Published on: June 11, 2020 | By Hart David Carson LLP

Workplace accidents can sometimes be fatal, but even if the employer was at fault, a lawsuit may not be possible due to the way workers’ compensation law works. In Illinois, workers (or in this case, their families) cannot sue the employer for negligence in these cases. However, there may be a possibility for a wrongful death lawsuit if other parties were involved in the injury.

The Workers’ Compensation Trade-off

Illinois workers’ compensation law is something of a trade-off. Employees cannot sue their employer for their injuries (except in certain rare cases), and employers are obligated to carry workers’ compensation insurance. Workers’ compensation benefits are provided regardless of fault, which means that while the employer may not necessarily be directly liable for a workplace injury, they are still responsible for covering the cost of those injuries.

Do I Have a Case if I Get Sick at the Hospital?

Published on: June 3, 2020 | By Hart David Carson LLP

Given the concentration of illness present at many healthcare facilities, it’s important for them to take stringent measures to prevent the spread of disease such as COVID-19 and common hospital infections. If you fall seriously ill as a result of being treated at a hospital, you may have a case, though there are factors that could keep you from recovering damages.

Note that during the coronavirus pandemic in Illinois, any healthcare facility that provides care or assistance for those who have contracted COVID-19 has some immunity to liability, so if your illness dates to this time, you likely won’t be able to recover damages.

Cases Involving Medical Infections

COVID-19 and Intellectual Property

Published on: June 1, 2020 | By Hart David Carson LLP

Most facets of life have been impacted by COVID-19, including the way we handle intellectual property. From enforcing IP protections to safeguarding trade secrets, the pandemic has introduced a number of changes.

Impact on IP Used in Remote Business Operations

For companies that have transitioned to remote work-forces, the way trade secrets and other sensitive information is protected has to adapt. Many businesses have had to adjust their current IP protection policies and implement new technologies and practices in order to keep trade secrets safe when being used by home-based employees.

Potential Consequences of Coronavirus on Real Estate Investing

Published on: May 25, 2020 | By Hart David Carson LLP

Between the lower interest rates, government bailouts, and economic challenges present during the current pandemic, real estate investing is likely to be heavily impacted, at least during the short term. In some cases, real estate investors may find themselves with unexpected opportunities, while other scenarios present difficulties.

While it’s not totally clear exactly how investment properties will be affected as yet, there are some likely changes that will occur.

Consequences for Rental Properties

Personal Injury, Duty of Care, and Coronavirus

Published on: May 18, 2020 | By Hart David Carson LLP

The spread of COVID-19 has caused a wide range of concerns for people everywhere, including worry about what will happen if they get sick. Falling ill with the virus can have a serious impact, and some may wonder if there might be cause for a lawsuit in the event of sickness.

Others may be concerned about the liability they might bear for the spread of the virus. The kind of shape that may take depends on how much of a duty of care will be expected from individuals and businesses when it comes to limiting the spread of the virus.

What Is Duty of Care?

Protecting Trade Secrets While Employees Work Remotely

Published on: May 15, 2020 | By Hart David Carson LLP

With the outbreak, more employees are working from home than ever before, and for many businesses, it has become necessary to revisit policies concerning the protection of trade secrets. It can be a challenge to keep proprietary information safe when employees need access to it from home, but it can be done with adequate protocols set in place.

Establishing Trade Secrets

The first principle of protecting trade secrets is to make sure they are legally recognized as such. In order for something to be considered a trade secret, you must have reasonable measures in place to protect it. Without those measures, it’s likely to lose that classification in a court of law.

Can I Get Workers’ Compensation if I Work from Home?

Published on: May 11, 2020 | By Hart David Carson LLP

With more people working from home than ever before, there are much greater odds of sustaining a work-related injury while out of the office. Slips, falls, and repetitive strain injuries can easily happen with home-based work, and they may warrant compensation in the right circumstances.

Self-Employed Workers

First of all, however, a worker who is an independent contractor does not qualify for workers’ compensation. Illinois workers’ comp covers only employees, not self-employed independent contractors. As such, if you are running a home-based business of your own, you won’t qualify for compensation from any of your clients.

How COVID-19 May Impact Your Estate Planning

Published on: May 8, 2020 | By Hart David Carson LLP

With the turmoil caused by the widespread pandemic, it has become paramount for many people to look to the future well-being of their families. While the current situation seems like it may begin clearing up soon, it still poses a challenge for many people, and there’s still plenty of worry to go around.

Making sure your estate plan is up to date is perhaps more important now than ever before, but the way estate planning is handled during this time will have to take current social distancing policies and financial issues into account.

Remote Notarization

Handling Disputes During COVID-19

Published on: May 4, 2020 | By Hart David Carson LLP

COVID-19 has changed the face of nearly every aspect of society, including the way we handle disputes. Businesses and individuals who would normally handle their disputes in one fashion have found the need to adapt.

Obstacles to Litigation

The pandemic has caused courts at all levels to delay most hearings. Some courts are shifting some of their meetings and operations to a virtual platform, whereas others are simply delaying all but the most pressing hearings until things clear up.

How the Coronavirus Outbreak Affects Malpractice Cases in Illinois

Published on: May 1, 2020 | By Hart David Carson LLP

Healthcare providers throughout the state are facing challenges as the COVID-19 outbreak fills more hospital beds than ever before. On top of that, lower staff numbers and a ban on elective procedures add to the difficulty.

Perhaps for these reasons, the governor has granted many providers full immunity from civil liability for the duration of this emergency, making malpractice claims far more difficult—if not impossible—to pursue.

Immunity to Civil Liability