workerscomp

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.

Do I Qualify for Workers’ Compensation if I Work Remotely?

Published on: October 5, 2020 | By Hart David Carson LLP

If you work remotely, you may be covered by workers’ compensation, even though your job duties don’t take you onto your employer’s premises. However, there are a number of factors that could impact your claim should you be injured on the job while working from home.

Remote Employee Vs. Independent Contractor

First of all, it’s important to distinguish whether you’re actually an employee. If you’re a freelancer or independent contractor, then you don’t qualify for workers’ compensation coverage.

Can My Employer Opt Out of Providing Workers’ Compensation in Illinois?

Published on: August 19, 2020 | By Hart David Carson LLP

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:

How Much Is a Coronavirus Workers’ Comp Claim Worth?

Published on: June 24, 2020 | By Hart David Carson LLP

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

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

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.

What Cases Qualify for Punitive Damages?

Published on: April 13, 2020 | By Hart David Carson LLP

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

Common Questions About Illinois Workers’ Compensation

Published on: April 10, 2020 | By Hart David Carson LLP

Some of the most common questions Illinois residents have when it comes to worker’s compensation—as well as their answers—include those below.

What Injuries Does Workers’ Compensation Cover?

Workers’ compensation is designed to cover work-related injuries. As such, it pays for injuries or serious illnesses contracted in the course of your work duties.

Can I Sue My Employer if I Get Sick at Work?

Published on: March 23, 2020 | By Hart David Carson LLP

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