Articles Tagged with personalinjury

Under Illinois law, the vast majority of employers must provide workers’ compensation coverage for their employees. As such, employers in the state can’t usually “opt out” of providing coverage or carrying workers’ comp insurance, though there may be some cases where an employer may elect not to provide coverage.

Industries that Must Provide Workers’ Compensation

The Illinois Workers’ Compensation Act allows employers to provide workers’ compensation coverage in exchange for being free from liability for workplace accidents (meaning employees usually can’t sue them for injuries sustained on the job). In some industries, this coverage is mandatory. The Workers’ Compensation Act is considered to automatically apply to industries involving:

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:

Those who have become exposed to the novel coronavirus while on the job may be entitled to workers’ compensation, particularly when it impacts their ability to work and warrants medical treatment. However, it begs the question of how much these claims are actually worth. If your claim settles, how much would the payout be?

The simple answer is that it’s a bit early to tell just yet.

Settlements on Coronavirus Claims Are Uncertain

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.

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?

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

With concerns about infectious disease going around, it’s more important than ever for employers to maintain a healthy work environment for their employees. There are many ways to accomplish this, but they all require diligent effort.

Workplace Wellness and Employer Liability

Before we get into the details on how to keep your work environment as healthy as possible, it’s worth noting where employers are liable when it comes to the health of their employees.

The disruptions brought on by the corona virus pandemic have impacted the lives of everyone, including Illinois residents. Among the difficulties current conditions present are those revolving around personal injury cases. There are a number of ways your case could be affected, and it’s important to know how to move forward from this point.

Seeking Medical Treatment during the Pandemic

One major difficulty is limited access to medical treatment. If you have been injured, you need to seek medical care as promptly as possible. However, with many healthcare facilities treating far larger numbers of patients than ever before, non-emergency care is often postponed.

If you have been injured as a result of another person’s negligence, it’s natural to want to see that person punished. However, the primary purpose of personal injury damages is to compensate you for your injury, not necessarily to punish those responsible.

That said, punitive damages are occasionally assessed in order to directly penalize those responsible for an accident or injury. That said, they don’t apply in most cases, so they’re fairly rare.

Understanding Punitive Damages

Illinois workers’ compensation law prevents employees from suing their employers in the event of a workplace injury, including illnesses contracted on the job.

However, employees may be able to recover benefits if they become ill as a result of performing workplace duties.

Workers’ Compensation and Employer Liability

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