IL injury lawyerWorkers’ compensation is designed to provide benefits to workers who are injured on the job, regardless of who was at fault for the injury. However, there are some situations where workers’ compensation will not cover an injury in Illinois. Today, we will be discussing what situations must exist where workers’ compensation will not cover an injury. Remember, if you have been injured at work, strongly consider seeking the legal counsel of a workers’ compensation attorney to ensure you have the best chance possible to be successful with your claim.

While you may like and respect your employer, it is essential to protect your rights and not hesitate to seek the compensation you may be entitled to under the law. Seek workers’ compensation after an injury does not mean you dislike or do not respect your employer. It simply means you are looking out for and caring about your well-being.

Instances Where Workers’ Compensation Benefits May Be Denied

Here are examples of when someone may not qualify to receive workers’ compensation benefits, including:

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IL injury lawyerTruck accidents are common on highways and roadways throughout the United States. Various factors, including driver error, mechanical failure, and poor road conditions, can cause these accidents. Due to the size and weight of commercial trucks, these accidents can be hazardous and often result in severe injuries and fatalities. Today, we will discuss why truck accidents occur and why they are so incredibly dangerous. If you have been injured in a truck accident, contact a personal injury attorney as soon as possible to begin the process of pursuing damages you may be entitled to.

Understanding Why Truck Accidents Happen

One common reason why truck accidents occur is due to driver error. Truck drivers often face tight deadlines and may feel pressure to deliver their cargo as quickly as possible. This can lead to drivers speeding, driving while fatigued, or engaging in other unsafe driving behaviors. In addition, some drivers may be inexperienced or untrained, leading to accidents. Another factor that can contribute to truck accidents is mechanical failure. Commercial trucks require regular maintenance and inspections to ensure they are in good working condition. If a truck is not maintained correctly, it can experience mechanical failure while on the road, leading to devastating accidents.

Poor road conditions can also contribute to truck accidents. For example, if roads are poorly maintained or have construction zones, it can be difficult for truck drivers to navigate their vehicles safely. In addition, inclement weather, such as rain, snow, or ice, can make driving conditions dangerous.

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IL injury lawyerMedical malpractice occurs when a healthcare professional fails in their duty of care to a patient, resulting in harm or injury to the patient. Medical malpractice cases can be complicated to prove. Moreover, there are a variety of reasons why medical malpractice occurs. Today, we will be discussing some of these factors. If you have experienced medical malpractice, consider contacting a knowledgeable personal injury attorney to ensure you understand your rights and legal options during this difficult time.

Various Factors Which Contribute to Medical Malpractice

Here are some of the critical factors that may explain why medical malpractice occurs, including:

  • Human error – Human error is one of the most common causes of medical malpractice. Healthcare providers are human and, regardless of their medical knowledge, may still be prone to making errors, whether it is misreading a chart, prescribing the wrong medication, or misdiagnosing a condition.
  • Communication breakdowns – Another common cause of medical malpractice is communication breakdowns. Mistakes can happen when there is a lack of clear communication between healthcare providers. For example, if a nurse fails to communicate essential information to a doctor, the doctor may make an error that could harm the patient.
  • Overworked and understaffed healthcare providers – Many healthcare providers are overworked and understaffed, which can lead to mistakes and oversights. Healthcare providers may be more likely to make mistakes or miss specific details when they are stretched thin.
  • Inadequate training – Healthcare providers require extensive training to perform their jobs effectively, and inadequate training can lead to mistakes and errors. When healthcare providers are not adequately trained, they may not be able to recognize the signs of a particular condition or may not know how to treat a patient properly.
  • Inadequate equipment and technology – Healthcare providers rely on various equipment and technology to perform their jobs. However, outdated equipment can lead to mistakes and errors. For example, if a hospital uses outdated monitoring equipment, it may not be able to detect important changes in a patient’s condition.
  • Patient non-compliance – In some cases, medical malpractice may occur because a patient fails to comply with their treatment plan. For example, if patients fail to take their medication as prescribed, their condition may worsen, leading to complications that could have been prevented.

Contact a Kane County Medical Malpractice Attorney

If you believe you have suffered from medical malpractice, contact the experienced Aurora, IL medical malpractice lawyers with Kinnally Flaherty Krentz Loran Hodge & Masur P.C.. Call 630-907-0909 for a free consultation.

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IL injury lawyerSadly, car accidents are an all-too-common occurrence in Illinois and across the country. These types of road accidents can cause severe injuries and even death. Understanding the various reasons why car accidents occur can help us prevent them from happening. Today, we will discuss the 10 most common reasons for car accidents. Of course, if you are ever involved in a car accident, strongly consider hiring a personal injury. Your attorney will ensure you understand your rights and legal options.

So, Why Do Car Accidents Occur?

Here are the top 10 most common ways car accidents happen, including:

  • Distracted driving – This troubling phenomenon is becoming more and more common. Drivers can be easily distracted by their phones, eating, drinking, talking to other passengers, or changing the radio station. When drivers take their eyes off the road, accidents can happen.
  • Speeding – Driving at excessive speeds is hazardous because it significantly reduces the driver’s reaction time. Speeding is a leading cause of fatal car accidents.
  • Drunk driving – Driving under the influence of drugs or alcohol is a serious offense that can lead to severe accidents. Intoxicated drivers have impaired judgment and are more likely to cause accidents.
  • Reckless driving – Reckless driving may include behaviors such as weaving in and out of lanes, running red lights, and not using turn signals. Reckless drivers are a significant danger to themselves and other road users.
  • Poor road conditions – Poor road conditions, such as potholes, can cause car accidents. For example, drivers can quickly lose control of their vehicles when they swerve to avoid potholes.
  • Vehicle malfunctions – Sometimes, car accidents can occur due to vehicle malfunctions such as faulty brakes, blown tires, or steering problems.
  • Inexperienced drivers – Inexperienced drivers are more likely to cause accidents because they lack the skills and experience to handle various driving situations.
  • Weather conditions – Adverse weather conditions such as rain, fog, snow, and ice can make driving difficult and dangerous.
  • Tailgating – Following too closely to the car in front is dangerous because the drivers do not have enough time to react to sudden stops or turns.
  • Fatigue – Tired drivers can cause accidents because they have reduced reaction times and impaired judgment.

Contact a Kane County Car Accident Lawyer

As stated at the outset, understanding why car accidents occur is essential in reducing their occurrence. If you have been involved in a car accident, call the knowledgeable Aurora, IL, car accident attorneys with Kinnally Flaherty Krentz Loran Hodge & Masur P.C.. Call 630-907-0909 for a free consultation.

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IL injury lawyerFor many of us, the thought of nursing home negligence is entirely incomprehensible. How could someone ever think it would be ok to abuse or neglect some of the most vulnerable members of society? But unfortunately, nursing home negligence occurs all too often across many states in the county. In a recent blog, we discussed some of the most common forms of nursing home negligence. Today, we are going to discuss the reasons why such egregious neglect and abuse occur.

If your family member has been abused or neglected in a nursing home facility, do not hesitate to contact an aggressive personal injury attorney who will work tirelessly to ensure a favorable case outcome for your loved one.

Reasons Why Nursing Home Negligence Occurs

Nursing home negligence refers to the failure of a nursing home facility to provide adequate care and attention to its residents, which can lead to injury, illness, or even death. One reason nursing home negligence occurs is due to understaffing. Nursing homes are often understaffed, requiring more caregivers to provide proper care to all residents. This can lead to caregivers being overworked and stressed, resulting in neglect or abuse of residents. In addition, when staff members are spread too thin, they may not be able to meet the needs of all residents in a timely and appropriate manner. This can lead to residents developing bedsores, infections, or medical complications that proper care could have prevented.

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IL injury lawyerWorkers' compensation insurance provides benefits to employees who are injured or experience an illness caused by their job. Illinois is a no-fault system, meaning employees do not need to prove that their employer was responsible for their injuries in order to receive benefits. The benefits provided by workers' compensation may include medical expenses, compensation for lost wages, and rehabilitation services. Ultimately, workers' compensation aims to ensure that employees who are injured or become ill as a result of their job can receive the necessary support and care while reducing the financial burden on employers who would otherwise be liable for these expenses.

However, filing for a workers' compensation claim is not always a cut-and-dry process. There are mistakes that can be made before, during, and after you file that can have a significant impact on the success of your claim. Today, we will review common mistakes when filing for workers' compensation. If you have been injured on the job, consider contacting an experienced workers' compensation attorney. Your attorney will help guide you through the process while ensuring your rights remain protected and respected.

Common Workers' Compensation Mistakes to Avoid

As stated previously, several mistakes can be made that can hurt your chances of receiving the benefits you may be entitled to. These mistakes include the following:

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IL injury lawyerWhen we bring a family member to a nursing home facility, we entrust that facility to our loved one's well-being. Sadly, nursing home negligence is a serious issue that has gained increased attention in recent years. Neglect is defined as the failure of a caretaker to provide adequate care, which can result in physical harm, emotional distress, or even death. Many forms of nursing home neglect manifest themselves in various ways. This may include physical abuse, sexual abuse, financial abuse, emotional abuse, and medical neglect.

Learning that a loved one has suffered abuse and neglect at a nursing home facility can be highly distressing. Older adults are a vulnerable part of society, and learning that they have been harmed or taken advantage of often brings significant pain and sadness to the family of the loved one. Today, we are going to discuss common forms of nursing home negligence. It cannot be understated that if you believe your loved one has suffered from mistreatment at a nursing home, do not hesitate to contact a personal injury attorney who will aggressively and compassionately provide you and your family with the legal guidance necessary as you move to take legal action against the wrongful acts of the nursing home facility.

The Most Common Forms of Nursing Home Abuse

As stated previously, nursing home abuse can manifest itself in many ways. The first way is through physical abuse. Physical abuse can include any type of physical harm, such as hitting, slapping, or shoving. This type of abuse is often motivated by anger or frustration and can have severe physical and emotional consequences for the victim. Unfortunately, physical abuse often goes unnoticed because the victim is too scared or embarrassed to report it.

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IL injury lawyerAs we enter the month of February, temperatures are dropping, and roads are slick with snow, ice, and sleet all across Illinois. While the winter can be beautiful and picturesque across many areas of our state, the risk of weather-related car accidents is something that we must always be mindful of whenever we get behind the wheel. There is a common saying that failing to prepare is preparing to fail. Unfortunately, during the winter in Illinois, failing to prep your car before you drive in adverse wintery conditions and keeping in mind safe driving tips while you are out on the road can result in terrible, life-altering accidents.

Today, we will discuss how you can prepare your car before going out and driving in wintery weather and what you should keep in mind as you are out on the road during the winter. If you have suffered injuries in a car accident related to wintery weather, consider contacting an experienced personal injury attorney who will you be an advocate as you pursue compensation from your car insurance company. Unfortunately, car insurance companies are rarely generous. They may treat you unfairly or act like your accident was no big deal, which is the last thing you will want to deal with, particularly after just experiencing a car accident. Having an attorney by your side will likely make a positive difference as you pursue the compensation you may be entitled to.

Steps You Can Take Before You Drive in Wintery Weather

To help ensure safe winter driving, consider following these tips:

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IL injury lawyerWork injuries can happen at any given time for numerous reasons. Many work-related injuries are not life-threatening, with the injured party being able to return to work relatively quickly. Unfortunately, however, some work injuries can be life-shattering and even life-threatening in some cases. When a severe injury befalls a worker, leaving them in some cases with lifelong medical complications, that worker may be eligible to receive permanent total disability through the Illinois workers' compensation program.

It must be noted that receiving permanent total disability is not always an easy and seamless process. This may be because the type of cases that qualify for total disability is generally worth a lot of money, which the employer may be unwilling to shell out without putting up a fight. This blog will look at the type of injuries that may qualify someone for permanent total disability. If you have been seriously injured at work, do not hesitate to contact an experienced workers' compensation attorney who will work to ensure your rights are protected while you pursue the compensation you may be entitled to.

What Injuries Qualify for Permanent Total Disability?

It is essential to understand that to obtain permanent total disability, you must be able to prove what exactly caused your severe injuries. You must also demonstrate that your severe injury has made it so that you can no longer work and support yourself due to your injury. The following examples are injuries that may qualify someone for permanent total disability. These injuries include the following:

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IL injury lawyerWhen someone experiences sexual abuse, life as they knew it is irrevocably changed forever. The statistics of sexual abuse in the United States are straight-up horrifying. According to the National Sexual Violence Resource Center, one in five women will have experienced some form of sexual abuse in their lifetime, while 24.8 percent of men will have experienced some form of sexual violence in their lifetime. Sexual abuse and its debilitating aftereffects can take on many forms. Sufferers may experience physical, mental, emotional, and psychological anguish related to their abuse.

What can sufferers do to help ensure their abusers are held responsible for the pain and suffering they have caused? Fortunately, those who have experienced sexual abuse have legal options at their disposal so that the individual who sexually abused them can be held responsible for the actions. This blog will discuss how those who have experienced sexual abuse may pursue a personal injury claim against their abuser. If you have suffered from sexual abuse, consider contacting an experienced sexual abuse injury lawyer who can ensure your rights remain protected and respected while working towards holding your abuser accountable for their heinous actions.

Holding the Responsible Party Accountable

It is essential to specify that personal injury cases are a form of civil law. In the context of filing a personal injury claim against someone who sexually abused you, since the situation is a part of civil law and not criminal law, the burden of proof is different than in a criminal case. In civil law, the burden of proof is a preponderance of the evidence, a lower standard than in criminal law, where the burden of proof is beyond a reasonable doubt. In addition, in Illinois, the statute of limitations with personal injury claims is two years, meaning you will have two years from the incident to pursue compensation against the at-fault party.

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IL injury lawyerIn Illinois, premises liability laws concern injuries sustained by welcomed individuals caused by hazardous conditions on a particular premise. According to the law, it is the responsibility of the party who controls the property to ensure that the property is in a condition that is reasonably safe for lawful visitors to the property or effectively cautions visitors of any conditions existing that may pose a threat of potential physical injury. In Illinois, to win a premises liability case, the plaintiff must be able to prove the presence of each of four circumstances. Notably, the kinds of hazards and harms that can give credence to a valid premises liability claim are numerous.

In most cases, premises liability claims involve slip-and-fall accidents, staircase falls, swimming pool accidents, and more. If you have suffered an injury on someone else's premises, consider contacting an experienced lawyer to ensure your rights remain protected and that you have a chance to receive the compensation you may be entitled to.

Four Distinct Elements of a Premises Liability Claim

Regarding premises liability claims, four elements must be proven to have existed. These four elements include the following:

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Il accident lawyerAnyone on the end of a hit-and-run accident knows what a dejected feeling it is to be left to fend for yourself and your damaged vehicle as the perpetrator speeds away. Such events can make you feel desperate, hopeless, angry, and so many other understandable emotions. As the driver speeds away, you may believe that there goes your chance of receiving any compensation related to your injuries from the hit-and-run car accident. Luckily, however, pursuing compensation, even in these sorts of circumstances, is not impossible.

You may also be pleased to learn that the at-fault driver is not the only possible source of compensation that you can pursue. If you have been injured in a hit-and-run car accident, do not hesitate to reach out to a knowledgeable attorney who will ensure your rights are protected and that you can pursue the compensation you may be entitled to.

Investigating the Particulars Surrounding a Hit-and-Run Accident

Hit-and-run perpetrators often foolishly think that speeding away will absolve them of any responsibility for their crime. They frequently believe that by speeding away, their identity can remain unknown. This is markedly untrue. Often, there are many options for discovering a hit-and-run perpetrator. These options can include the following:

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IL injury lawyerWorkers’ compensation in Illinois is a fundamental element of nearly every job in the state. Simply put, if you have a job in Illinois, it is more probable than not that you are eligible to receive workers’ compensation insurance if you suffer an injury at work or are made ill at work. While most workers in the state are qualified, some careers are considered high-risk and may result in workers utilizing workers’ compensation insurance multiple times in their careers. These high-risk occupations may include electricians, construction workers, and certain healthcare workers. Therefore, it is crucial that if you work in a high-risk job, you are aware of and understand the ins and outs of the workers’ compensation process before you ever need it.

In this blog, we will delve into what to know, and the do and do not’s of engaging in the workers’ compensation process when you are in a high-risk profession. But first, if you are ever injured or made ill at work, do not hesitate to contact an experienced workers’ compensation attorney who will work with you to protect your rights and pursue the compensation you may be entitled to.

What to Do and Not Do if You Are a High-Risk Employee in Illinois

When an individual works in a profession with safety risks, there are various considerations regarding workplace safety and how to deal with a workplace injury. What to do and not do for high-risk workers include the following:

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IL injury lawyerMedical malpractice is a term commonly thrown around, with few people knowing what it means. Medical malpractice is not a healthcare worker, such as a physician or nurse, making an honest mistake in a hospital or clinic setting. As with so many areas of life, honest mistakes happen. However, for medical malpractice to have taken place, there needs to have been negligence on the part of the healthcare professional or entity who performed the medical care, resulting in the injury or death of the patient.

Medical malpractice lawsuits can be costly and time-consuming since such cases usually require medical experts to evaluate what happened and determine whether there was negligence. If you have been injured from what you believe to be medical malpractice or a loved one was injured or passed away due to medical malpractice, contact an experienced attorney with experience in this field of law who can help you through the process to pursue the most favorable outcome possible in your case.

Common Forms of Medical Malpractice

According to the National Library of Medicine, a shocking one in three clinicians can expect to be sued at least once sometime during their career. Medical negligence can take a wide variety of forms. Common forms include the following:

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IL accident lawyerAuto accidents can result in all sorts of injuries, many of which are severe. One prime example is a herniated disk. While they are not one of the more commonly thought of spinal injuries, herniated disks can still have a significant impact on the lives of those injured in car crashes. If you have suffered a herniated disk in a car crash, a qualified personal injury attorney can help you understand the compensation you may be owed.

What is a Herniated Disk?

Between each of the vertebrae of your spine, there are small, donut-like disks. On the outside, they are thick and tough. On the inside, there is a soft, jelly-like substance. A herniated disk is one in which that jelly-like substance seeps through a tear in the exterior portion of the disk. This seeping can irritate nearby nerves, which may cause numbness, tingling, or weakness in the limbs. It can also result in further degradation of the disk, which, over time, can lead to friction between the spine’s vertebrae.

Symptoms of a Herniated Disk

Herniated disks can result in a range of symptoms, but most are related to numbness, tingling, weakness, and pain in the legs and arms. While these symptoms may not indicate a severe problem, it is still important to seek medical attention if you are experiencing them. Any problems related to bowel and bladder dysfunction, pain in the neck, worsening symptoms, or progressive loss of sensation in the buttocks and upper legs—also known as saddle anesthesia—should be treated as an emergency.

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IL injury lawyerAccording to the National Highway Traffic Safety Administration, 42,915 people perished in car accidents in 2021 alone. If the past has taught us anything, it is that accidents can happen at any time and for any reason. This is especially true when it comes to driving. Driving is a privilege and a necessary means of travel for millions of Americans. Unfortunately, the more often you drive, the higher the chances you will someday be in a car accident.

Being injured in a car accident can be a terrifying experience. It can also be an equally angering experience, especially if the accident was due to someone else's negligence. This blog will look at what you should do and not do if you are injured in a car accident. At the outset, it is essential to note that if you have been in a car accident, you should strongly consider meeting with an experienced car accident attorney who will work to ensure your rights are preserved while also pursuing the compensation you may be entitled to.

What to Do in the Aftermath of a Car Accident

You are driving down the road when suddenly you are broadsided by another vehicle. As your car skids to a halt, you are in shock. In these moments, you may not be able to think clearly. While you may be scared, it is essential that you do not flee the scene, as this is against the law in the state of Illinois. If you can, call 9-1-1 as soon as possible. Even if you or anyone else is not injured, you should still call 9-1-1 since a police report will be vital evidence when it comes time to establish fault in a possible lawsuit. The police report will also note important information, such as the road conditions at the time of the accident and any witnesses' names and contact information.

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kane county workers compensation lawyerPeople who suffer work-related injuries that fall under the Illinois Workers Compensation Act and cannot work or face certain work restrictions can be entitled to temporary disability benefits.

TTD benefits begin when an injured worker is off work for two consecutive weeks and become payable on the first full day the worker is authorized to be off of work. TTD benefits are paid weekly or biweekly depending on how an injured worker was paid by their employer.

Who Is Entitled To Ttd Benefits After A Work Injury?

TTD benefits are paid to workers who miss at least three days of work because of an injury or an illness. An injury must occur on the job, although an injury can still be covered by TTD even when it only partially resulted from a line of work.

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kane county construction accident lawyerWLS-TV recently reported that a 25-year-old man was walking around a strip mall on Aurora’s West Side when he fell about 15 feet into a hole that was dug for utility work and got stuck. It took 20 different rescue agencies two hours to rescue him.

If you or a loved one were hurt in a contruction accident, you may be able to pursue compensation for your medical bills and other damages. 

Common Kinds of Construction Accidents

Some of the most frequent construction accidents in Illinois tend to include the following:

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aurora personal injury lawyerWhile National Safety Council (NSC) statistics indicate that November is actually a time of year in which fatalities on the road actually start to decrease after the five consecutive highest months, the Insurance Institute for Highway Safety (IIHS) Highway Loss Data Institute (HLDI) actually shows that the 9 percent of motor vehicle crash deaths in November is almost on par with the 10 percent of deaths in June, July, August, September, and October. The NSC also estimates that more than 500 people will die during the Thanksgiving break. If you or a loved one were hurt in an automobile accident, you may be entitled to financial compensation. 

The truth remains that November will be a time of year in which roads can be more subject to inclement weather that can impact driveability and make driving that much more difficult for all people. You should be aware of many of the kinds of dangers you can probably expect to encounter over the next couple of months.

Common Kinds of November Driving Dangers

With November comes a variety of new issues drivers will have to deal with. Some of the most common examples can include:

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kane county workers compensation lawyerSocial media has become an everyday aspect of most people’s lives, so it can be difficult not to share what is going on in your life with your friends and family. That said, people who have active workers' compensation cases will want to avoid posting anything about their activities on social media because there can be enormous drawbacks to posting certain kinds of information on these websites.

While social media is still a relatively new phenomenon, it is being quickly understood to have relatively permanent effects in various kinds of court cases. Insurance companies and lawyers alike will often go through the social media accounts of parties to lawsuits and other court cases to try and uncover any evidence that might help their own case.

How Social Media Might Be Used Against You

When you have filed a workers' compensation claim, you need to remember that an insurance company is always going to be seeking reasons to declare that your injuries are not as serious as you claim. Certain kinds of social media posts can effectively make this point for them.

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