Shay & Associates Blog

5 Facts About Workers’ Compensation Everyone Should Know

Have you been harmed in some way while doing your job? If the harm caused you to suffer injury, disability, or disease, you may be eligible to make a claim to recover your medical costs and loss of wages. Your employer’s workers’ compensation insurance is designed to provide this compensation when you meet the requirements.

A few myths float around about workers’ compensation, and some of those myths may cause workers to hesitate before filing a claim for benefits. Here are five facts about workers’ compensation insurance to help you understand the system.

The Dos and Don’ts of Social Media After You’re Injured at Work

Nobody wants to be injured while simply going through an ordinary day at work. Unfortunately, such accidents happen throughout the country each year. Slips and falls, electric shocks, and injuries from workplace hazards are among the common workplace injuries, and in some accidents, people are injured or even killed.

If you’ve been injured at work, seek the advice of an attorney as soon as possible. Be careful with what you share after a workplace accident. While you may want to just post whatever you want to social media, you could ultimately sabotage yourself if you do. Follow these dos and don’ts for posting to social media after you’ve been injured at work.

Injured By a Drunk Driver

What You Need to Know About Compensation

Injuries from a car accident are always challenging. Luckily, there are ways you can get compensation for your medical costs and other sources of lost income. When you’re hit by a drunk driver, seeking compensation becomes even more important.

Injuries involving a DUI driver are often severe. People under the influence of alcohol do not try to slow down or may even drive in the wrong lane, increasing the risk for injury due to unchecked recklessness. If you’ve been hurt by a drunk driver, here’s what you need to know about seeking compensation and identifying the people responsible for damages. 

3 Signs of Nursing Home Neglect to Watch Out For

The decision to put a loved one into nursing home care is a hard one. You may not be able to give your loved one the day-to-day care that they need at home, or they may require specialized medical care. Either way, you have to trust that the nursing home you choose will take care of your loved one the way that you would.

It’s frightening to think that your loved one could be a victim of nursing home abuse and neglect, but it does happen. It’s important to be vigilant about watching for signs of abuse and neglect so that you can advocate for your loved one. Neglect, in particular, can be difficult to spot if you don’t know what to look for. Take a look at some signs of nursing home neglect that you should be watching for.

Defenses and Exceptions to Dram Shop Actions

Under the Illinois Liquor Control Act (also known as the Illinois Dram Shop Act), a person can seek recovery for personal injury, property damage, and either loss of means of support or loss of society, when applicable.  However, the injury must occur in the State of Illinois for a person to bring a cause of action under the Illinois Liquor Control Act. Although the injury must occur within Illinois, a sale of liquor outside of Illinois causing injury within Illinois is also actionable under the Illinois Liquor Control Act.

Dram Shop

Dram shop causes of action typically arise when a person is injured as a result of a drunk driving accident. Not only can the injured person bring a cause of action against the intoxicated motorist, but the Illinois Liquor Control Act (also known as the Illinois Dram Shop Act) allows a person to also bring a cause of action against the person or business who sold the alcohol to the intoxicated person, and the owner of the property where the person became intoxicated, if the business sells the liquor for a profit. Under the Act, the business, such as a bar or tavern, and the owner of the property, may be held liable for damages and injuries to persons that were the result of their patron’s intoxication.  

Maximum Medical Improvement

After you become injured due to a workplace accident, your and your treating physician’s goal is for you to reach maximum medical improvement. “Maximum medical improvement” is a term used in workers’ compensation law for the point where you are back to, or as close as you will get to, your pre-accident condition. Treatment to reach maximum medical improvement can include surgery, various check- ups with your physician, injections, physical therapy or occupational therapy. You will often see more than one healthcare professional during your treatment process.

Temporary Total Disability

The Illinois Workers’ Compensation Act and case law establishes that an injured employee can receive temporary total disability benefits when he or she is unable to work because of his or her work related injury. This is shown when a physician restricts the injured employee from working or the employee is placed on light duty restrictions by a physician that the employer is unable to accommodate those restrictions.  820 ILCS 305/8.

Wrongful Death – Pecuniary Loss

Wrongful Death statutes differ from state to state. Specifically, different states allow the spouse or next of kin to seek varying damages resulting from the decedent’s death. In Illinois, the survivors are limited to damages stemming from pecuniary loss, such as money, benefits, goods, and services. While individual factors to consider differ depending on the decedent’s familial relationship to the next of kin, in determining damages for pecuniary loss under the Wrongful Death Act, the Illinois Pattern Jury Instructions generally instructs jurors to consider:

Slip and Fall

Was the banana peel yellow or brown? That’s the first question I ask a new client who has been injured in a slip and fall case. Most people just laugh, but as strange as it sounds, it’s one of the best metaphors you can use to explain to a client the basics of negligence law as it applies to a slip and fall case.

Shay & Associates Law Firm

With locations in Springfield and Decatur, we’re ready and waiting to fight for you. Reach out to us for a free consultation on your case.

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