injury

What If My Employer Refuses to Pay Workers’ Compensation?

Published on: February 1, 2022 | By Hart David Carson LLP

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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

What Qualifies as a Work Related Injury in Illinois?

Published on: January 11, 2022 | By Hart David Carson LLP

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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.

Does Carpal Tunnel Count as a Work Injury in Illinois?

Published on: December 9, 2021 | By Hart David Carson LLP

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Carpal tunnel syndrome results from inflammation of the nerve passing through a section of the wrist, and it can be caused by repetitive motions common in various occupations. In particular, it is a common condition among office workers, drivers, craftspeople, and anyone who works with heavy tools.

Since carpal tunnel syndrome often results from work-related activities, it can be compensated as a work injury.

Illinois Work Injury Rules

Should I Accept Light-Duty Work After a Work Injury?

Published on: December 3, 2021 | By Hart David Carson LLP

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As you recover from a work injury, your employer may offer you light-duty work. Returning to work is generally only advisable when you are physically capable of doing so, and that may mean rejecting the offer.

That said, there are definitely instances in which you’d want to accept a light-duty position after a work injury. It depends on the nature of your injury, the position offered, and your doctor’s recommendations.

Reasons to Accept Light-Duty Work

Should I File a Personal Injury Lawsuit?

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

Often, severe accidents warrant filing a lawsuit. However, it’s important to recognize when legal action is appropriate. Attorneys evaluate cases based on their viability, meaning your case has to be worth pursuing before they take it on. They’ll do so by looking at a number of factors.

Factors to Consider Before Suing

Lawsuits can be expensive to pursue, so your attorney will need to determine whether your case is worthwhile. The factors that need to be considered before filing a personal injury lawsuit include the following.

How Much Is a Spinal Cord Injury Worth?

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

Spinal cord injuries can be catastrophic, often resulting in severe lifelong disability. If one of these injuries results from negligence on the part of another party, it may be worth a significant amount in damages.

Typical Damages for Spinal Cord Injuries

For extreme spinal cord injuries resulting in lifetime tetraplegia (loss of use of all four limbs), the average lifetime medical costs are estimated to be over $5 million by The National Spinal Cord Injury Statistical Center. However, many spinal cord injuries only result in a partial loss of mobility, such as paraplegia (lost use of the legs and lower body).

How Much Are Fireworks-Related Injuries Worth?

Published on: July 6, 2020 | By Hart David Carson LLP

Every year, nearly 13,000 people are injured by fireworks. Most of those fireworks are legal, though injuries may result from the negligent actions of another person. In those cases, there may be grounds for a personal injury lawsuit.

Calculating the Worth of Firework-Related Injuries

Personal injury lawsuits resulting from fireworks include various types of damages. As such, if you’ve been injured by negligent use of fireworks, or if the fireworks used were defective, you may be entitled to the following:

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.

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?

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.