Shay & Associates Blog

Frolic v. Detour

You get into a car accident on your lunch break while driving to the local eatery, or while driving across town to drop off a report for work.  Many people work eight hours a day, five days a week.  That’s forty hours a week that a car accident can happen while you are on the clock.  Whether your injuries are deemed compensable under Illinois law, including medical expenses, lost wages, pain and suffering, and personal property loss, depends on whether you were engaged in a “frolic” or a “detour.”

The Two Doctor Rule

Under the Illinois Workers’ Compensation Act, an injured employee has a right to seek medical treatment for a condition related to a workplace injury, at the employer’s expense. The Act has a “Two Doctor” Rule, allowing the injured employee to select two doctors with which to seek medical treatment.  Emergency room physicians and physicians the employer selects the employee to treat with, such as on-site company physicians and those employed through company run healthcare units, do not count as one of these two doctors.  Any physicians the employee selects to treat with for his work related injury would count toward the two doctor quota.

“Natural Accumulation” Theory

Anyone that has spent a winter in Illinois will tell you, Illinois has some of the harshest winters around.  Illinois often experiences long periods of below freezing temperatures, and significant snow and ice accumulation.  Slip and falls due to snow and ice accumulation are common.  However, they are not always compensable. 

Illinois Wrongful Death Act

Under common law, a civil action for a wrongful death did not exist.  In response, Illinois enacted the Wrongful Death Act, thus allowing the survivors, i.e. spouse and/ or next of kin, a means to bring an action for damages based upon the wrongful act, neglect, or default that resulted in the decedent’s death. 

When an Animal Attacks

Imagine this scenario: You are on a walk with your family in your neighborhood, or finishing up your daily run through the park, when out of the corner of your eye you see an unleashed animal quickly approaching. Rightfully so you begin to panic, asking yourself is this animal friendly?  Is it going to attack me, bite me, or maybe even kill me? It’s terrible to even consider, but what if you or a loved one are injured by this animal?

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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