Sustenance is essential to our survival, and when we purchase food from a grocery store or a meal from a restaurant we want to believe it is safe to consume. A faulty good from a department store may cause external physical harm, but negligence in food production can lead to severe illness and death.

Liability when it comes to food safety can take many forms. If a company has poor safety practices, then contamination can affect customers. Bacteria, like salmonella, can make people sick when incorporated into the food supply, or a foreign object can make its way to the final product. Companies in the past have also been held liable for not listing a warning on their products.

One of the most famous cases of the latter is Liebeck v. McDonald’s Restaurants from 1994. Stella Liebeck was served a hot cup of coffee in a McDonald’s Restaurant drive through that resulted in third-degree burns to her lower body. The temperature of the cup of coffee was up to 40 degrees higher than other restaurants that serve coffee, or the average temperature of a cup of coffee from an at home coffee maker. Because of the high temperature, 700 others were also burned by hot beverages at McDonald’s. Although the cup did warn that the contents are hot, there was no warning about third-degree burns. Liebeck was awarded $2.7 Million in punitive damages and $160,000 for medical expenses.

In almost any industry, small injuries are expected. Even in an office job, an accident can occur. However, not every accident or injury is eligible for workers’ compensation. Anything that cannot be safely handled by a basic first aid kit could be eligible. When an injury occurs at work that threatens future work and pay, a family’s livelihood could be at jeopardy. This is why workers’ compensation laws are in place.

What Is Workers’ Compensation?

Workers’ Compensation is an insurance required by law to be had by employers. No matter the size of a staff, or the number of employees, most employers are required to have workers’ compensation insurance. This insurance protects employees in the event of an accident caused by work that affects the employees’ ability to work. Workers’ compensation can cover lost wages and/or medical treatment depending on the severity of the injury. When filing workers’ compensation, this prevents you from suing your employer for a personal injury claim. However, if a third party is responsible for the negligence that caused your injury, they can be sued.

When occurring an injury that prevents the ability to work, whether short or long term, you are eligible for compensation through your employer's workers’ compensation insurance. The first step, after seeking immediate medical attention if necessary, is to alert your employer about the injury that occurred at work. If you cannot work for three or more days due to the injury, your employer is required to begin paying temporary disability or give a written reason why benefits are being denied.

According to the Centers for Disease Control and Protection, car accidents are the leading cause of death for teenagers in the United States. Getting into a car accident is a traumatizing enough experience, but the situation may be further complicated if the driver is a teenager.

Drivers between the ages of 16 and 19 are the most likely to be involved in a car accident. In fact, that age group is three times more likely to be in an accident than drivers 20 years and older. When it comes to the death rates of teenagers involved in a car accident, male drivers are twice as likely to be in a fatal crash than females.

More than 30,000 people are killed in car crashes each year. Considering teen drivers have the highest probability to be involved in a crash, there is a good possibility that you may get in a car accident with a teenage driver. Although the majority of teen drivers have recently completed driver education courses and should have a fresh memory of safety, accidents with teenage drivers are often caused by reckless activity.

As seniors grow older, their family members often become responsible for their wellbeing and care. With full-time jobs and families, becoming a caregiver for an elder loved one is not always a viable option. Older people often require specialized care that only a medical professional can administer. Nursing homes are a respected option for families who have elders who can no longer take care of themselves. While these facilities do have benefits, far too often, older people can become victim to the system.

Elders are often easy targets. In fact, 10% of people aged 60 years or older have faced some form of elder abuse. The statistics of abuse go up with elders with mental impairments such as dementia or Alzheimer’s disease. Abuse also comes in many forms. Examples are physical, emotional, neglect, isolation, and exploitation.

It is important when visiting a loved one in a nursing home, to look out for signs of abuse. Some forms of abuse, such as emotional or financial, may not be obvious but are just as harmful as visual physical abuse.

Pulling up next to a semi-truck makes many drivers nervous. Trucks are not only intimidating in size but in the United States, can weigh as much as 80,000 pounds on the road. Truck accidents are more complicated than car accidents because there are more factors involved. During a car accident, it is usually more apparent whos fault the accident was, but during a truck accident, it may be either driver or one of the companies behind the truck.

We rely on trucks and truck services to bring goods across the country. A semi-truck sees an average of 45,000 miles of usage a year. Truck drivers and their vehicles get worn down and it is important for companies to stay on top of maintenance and driving hours. When a truck is involved in an accident, here are some instances where the driver or company who owns the truck can be held liable.

Long Hours - Fatigue is one of the leading causes of truck accidents. Drivers can get pressured into working long hours to fulfill delivery requirements. However, there are limits to how long a driver can legally work. From the beginning of a driving shift, up to 14 consecutive hours, the driver is only allowed to operate the vehicle for 11 hours. After the 14 hours, the driver cannot return to operating the truck for 10 consecutive hours. Even when these rules are followed, a driver can still be fatigued, but following the rules prevents the driver or truck company from being liable for the accident.

Although the majority of employers are required by law to have workers’ compensation insurance, an employee may feel like their employment is at risk after an incident at work. The truth is, employers cannot fire someone based solely on filing a workers’ compensation claim. In fact, it is illegal to discriminate, threaten, or refuse to rehire an employee on the grounds of filing a claim.

What Is Worker’s Compensation Insurance?

If a person gets injured or killed because of an accident at work, they are entitled to compensation based on medical care and missed time at work. No matter how small a business is, all employees are entitled to the protection that workers’ compensation provides. Depending on the injury, it may put a person out of work for a long time, and the compensation assists with lost wages. If a person cannot return to work, they may qualify for permanent disability and their compensation will be higher than temporary disability.

To avoid complications, research how to properly file a workers’ compensation claim with your employer. They may have specific guidelines and policy for reporting. They may want the injury reported a certain way and require specific documentation in order to receive compensation.

No consumer purchases a product and expects it to cause harm. That is why consumers are protected by product liability laws, which gives resources in the event a product caused injury or death. This makes manufacturers and companies liable for any misfortune that their products have caused. There is a responsibility that companies have when providing safe products, or doing their due diligence in providing warnings in other circumstances.

Over 200,000 injuries of children reported in hospitals were caused by toys in 2016. While children may be easier victims of product liability, here are some of the biggest cases in the United States.

General Motors - This American car company, based out of Detroit, is behind reputable car brands such as GMC, Chevrolet, Buick, and Cadillac. However, in 2014 many models of cars were found to have an ignition switch fault that could cause the engine to shut off at any time while in use. This fault caused at least 31 accidents that resulted in the deaths of 13 General Motors customers. Over 26 million cars were recalled, and a fund was created for victims of the faulty ignition switch.

People visit the doctor to feel better but, after heart disease and cancer, medical errors are the third leading cause of death for people living in the United States. It is estimated by John Hopkins University that over 250,000 people die from medical errors a year and that billions of dollars are spent paying out victims or their families. That is approximately 10 deaths a day caused by the negligence of a doctor or hospital.

What Is Medical Malpractice

When a doctor deviates from a standard level or care, it is considered malpractice. It is compared to what a reasonable medical professional would have done in a similar situation, that would have done right by the patient. The key to medical malpractice is proving negligence.

With such a high percentage of deaths due to medical malpractice, it is good to keep an open mind when seeking medical care. When visiting your doctor, keep a lookout for these most common medical malpractices.

When people think of car accidents, their first thought might be a major head-on collision on a public road such as a highway. But, as a driver, you know how chaotic a busy parking lot can be. There are cars fitted into small spaces, drivers coming at every which way, pedestrians walking in between cars, and other physical barriers such as shopping carts. These are more commonly minor and nonfatal accidents, but car accidents in a parking lot can be caused by negligence like any other situation.

The following are common parking lot accidents:

• Backing into Each Other: Two drivers can collide when both are in reverse. This happens when neither drivers are looking behind them, and so both are technically at fault.
• Merging into Traffic Lane: A person pulling out of a space may not be looking while preparing to merge into ongoing traffic. Although both cars were likely moving in this scenario, the driver pulling out of the parking space is most likely at fault. In the traffic lane of a parking lot where people get to their spots, the driver in the lane has the right of way. When a person backs into that lane, they are most likely at fault for not looking before putting their car in reverse.
• Rear End at Stop Sign: Stop signs are placed in parking lots to allow for pedestrians to safely walk, and to keep drivers at a reasonable speed. If a person rear ends you at one of these stop signs, they were likely not paying attention, or going too fast.

The biggest issues being parking lot accidents are speeding and distracted driving. Going over five miles per hour in a parking lot can be dangerous with so much going on around. It may feel safer to check your phone or adjust the GPS in a parking lot, but it is still important to pay attention like you would on the road. Being mindful in a parking lot, and these steps and will help prevent car accidents in parking lots.

Facing a work-related injury that threatens your career and finances leaves much uncertainty to you and your family. If a claim is denied, you and your family may suffer with the burden of medical bills and the loss of a working adult and paycheck.

Do I Need a Lawyer?

Even after a minor injury with minimal lost time at work, you still are eligible for compensation and a solid legal representation is the best option for claiming those benefits. An attorney will also represent you if your claim is denied, and will know how much your case is worth. Even if your employer discourages or threatens you based on your claim, a lawyer will have your back.

When working with a lawyer, you may not know where to start when it comes to questions about your workers’ compensation claim. These questions will help you start the conversation with your lawyer to get the benefits you deserve after a work-related accident or injury.

With a family and career of your own, it may be challenging to take care of your elderly parent like they took care of you growing up. Additionally, elders can have health concerns that are difficult to manage in a home environment without hiring a nurse or other medical aid. Nursing homes are supposed to be safe places where older people can get the care they need around the clock. Unfortunately, nursing home abuse and neglect is a potential issue that can occur, and it is important to be aware of these risks when your loved one is in someone else’s care. 

The mistreatment of elders is a serious problem. It is estimated that upwards of two million seniors over the age of 65 have faced some sort of abuse or neglect in the United States. Those odds are concerning if you have an older loved one in the care of someone else, so it is important to be aware of the risks that your family member might be abused or neglected. Some common nursing home negligence issues include:

• Bedrails - Just as protection is needed to keep an infant or young child from falling out of bed, rails on beds are also commonly seen in nursing homes. They are also helpful for additional support while a person is sitting up or adjusting their position in the bed. However, it can be easy to slip into the space between the bed and the rail if the rails are not properly installed or are too large for the bed. This can lead to fall injuries or asphyxiation. 
• Bedsores - Bedsores, or pressure ulcers, appear when blood flow to the skin is decreased due to the pressure of an object against the skin. They more commonly appear on parts of the body with less muscle and fat, such as the elbows, ankles, heels, and tailbone, and they can occur when a patient is bed or wheelchair bound. On patients who have mobility restrictions, it is important for nursing home staff to practice preventative care to avoid bedsores. 
• Infections - The elderly have a higher chance of getting sick due to weaker immune systems, and poor care or improper sanitation can lead to deadly infections. Pneumonia is one of the leading causes of death in nursing homes, and patients who use feeding tubes are most likely to contract it.  

Contact an Aurora Nursing Home Abuse Lawyer

Your elderly loved one deserves the best possible care. When nursing home staff are being careless and negligent, that compromises the health and safety of your family member. If you believe a nursing home has been the cause of your loved one’s injury or death, contact an experienced Kane County nursing neglect attorney to discuss your case. Call our office at 630-907-0909 to schedule a free consultation.

When you visit the home of a family member or friend or enter a business, safety may not cross your mind. Under reasonable circumstances, people have the right to believe that a home, apartment, store, or restaurant will not cause them harm. In fact, it is the responsibility of people who own, manage, or occupy a property to maintain it properly to prevent accidents. When a person is injured on another person’s property, they may be able to recover compensation through a premises liability lawsuit. 

If you have been injured on someone else’s property, you may be eligible for compensation for medical bills, lost wages, and pain and suffering. If the property owner was negligent and failed to maintain the property to a reasonable standard, then they may be held liable. 

What Is Considered a Premises Accident? 

Unsafe conditions on a property can lead to serious injuries. Here are some examples of the most common kinds of premises accidents:

Workers' compensation exists to protect workers after an accident, or circumstance, that causes them to be injured and prevents them from returning to work temporarily or permanently. In the case of an injury which occurred while an employee was working or because of their work, an employer’s workers’ compensation insurance pays for any medical bills and provides compensation for lost wages due to disability. 

In 2017, the Bureau of Labor Statistics reported 2.8 million injuries by private employees that did not result in death. Common industries with a high volume of workers’ compensation claims are construction, labor, and retail. While many injuries fell into the expected categories, such as slip and fall accidents, there were a number of unusual claims in which workers received benefits, including:

• Company Time - In Austria, a woman received workers’ compensation after getting injured on a work trip. The catch is that she was having sex in a hotel room, and a light fixture injured her nose and mouth. After developing depression, the woman filed for workers’ compensation for physical and emotional injuries. Her employer’s insurance company initially accepted the claim but later rejected it, stating that her bedroom activities were not part of a standard work trip. In 2012, a federal court ruled in the woman’s favor, and she received an undisclosed amount of benefits.
• Mystery Liquid - A woman working in an American fast food restaurant accidentally drank lye, a high alkaline solution, out of a cup sitting in the break room. The woman received third degree burns to her esophagus. She received workers’ compensation for the injury. Her doctor stated that after reaching a maximum recovery, she sustained a 65 percent permanent disability. The legal team behind the restaurant wanted to meet with the doctor, and in 2012, the Georgia Supreme Court ruled that employers can demand information from doctors in regards to workers’ compensation claims. 
• Under the Influence - A Montana man was mauled by a grizzly bear while working at an outdoor adventure park. The man was doing his job, feeding the bears, but his employer denied his eligibility for workers’ compensation because he had smoked marijuana that morning. The owner also claimed that the man was not an employee, but a volunteer who he gave money to periodically. The use of marijuana was found to have no relation to the bear attack, and the man was awarded enough money to cover his medical expenses. 

Contact an Aurora Workers’ Compensation Attorney

Whether your work injury is fairly typical or out of the ordinary, it is your right to claim workers’ compensation benefits. Contact an experienced Kane County workers’ comp lawyer to learn about your options. We work to provide solutions, no matter your situation. Call our office at 630-907-0909 to schedule a free consultation.

The majority of fatalities caused by a semi-truck accident are others in passenger vehicles, pedestrians, and bicyclists. In 2017, according to the U.S. Department of Transportation, a total of 4,102 people died as a result of a truck accident. Almost 70 percent of those deaths were passengers or drivers in cars.

Since 2009, the number of passenger deaths caused by truck accidents has increased by 30 percent. However, 2009 also had the lowest amount of passenger deaths since 1975. The 2000s brought a steady decrease in fatalities, until 2010, when the number of deaths began increasing again.  

Factors in Truck Accidents

There is much more into putting a semi-truck on the road than a passenger vehicle. Some of the most common reasons for truck accidents are equipment failure, poor vehicle maintenance, and the improper loading of cargo. Driver error, negligence, and poor weather conditions are also top reasons for accidents involving a semi-truck. Truck drivers can be pressured to be as productive as possible, thus skipping necessary rest. Here are some examples where a truck driver, or company, was found liable for an accident.

Every teenager looks forward to the day they can have the independence of driving. Teenagers as young as fifteen can begin learning how to drive. Once the learning requirements are met, and the child reaches sixteen years old, they can test for an initial license. This license has restrictions like the number of passengers, and more strict mobile device usage while being the wheel. With up to thirty percent of motor vehicle accident costs are attested to teenagers and young adults, there is a chance you may get into an accident with someone driving as young as sixteen years old.

Getting A Driver's License

Anyone who operates a vehicle legally had to work to get a driver’s license. After obtaining a learner’s permit, the teenager must practice driving with a licensed adult for fifty hours. Ten of those hours must be done at night. Once the minimum of driving hours has been reached, and the permit has been active for at least nine months, a sixteen-year-old may receive an initial drivers license. A full license can be applied for between the ages of eighteen and twenty.

When a teen driver gets into a car accident, they are usually covered by their parent’s car insurance. In Illinois, the minimum liability insurance coverage for car accidents is $25,000 for bodily injuries per person, $50,000 total for bodily injuries per accident, and $20,000 for property damage. When adding a teen driver, some parents may increase their insurance above the minimum.

Like any professional, you trust that doctors, nurses, hospitals, and other healthcare professionals will do the right thing on behalf of your health and wellness. With years of training, we expect a high level of expertise and dedication in the field of medicine. Sadly, when doctors make mistakes or are negligent, it is the patient and their loved ones that suffer because of medical malpractice - and they must often fight just to obtain the compensation that they deserve. 

Medical malpractice is when a health care provider strays from professional standards. Any health professional, institution, or service can be faced with malpractice on the grounds that the minimum standard of medical care was not reasonably fulfilled.

Medical errors take up to 160,000 lives a year, according to Johns Hopkins University. Many people are afraid to come forward when something does not feel right with the medical care they are receiving. It is difficult to prove medical malpractice, and unfortunately, errors in the medical world do not usually reach the light until they are brought to trial.

If you work in the labor or trucking industries, you may be well aware of workers’ compensation. According to the U.S. Department of Labor, Bureau of Labor Statistics, truck drivers and tractor trailer operators made up 5.4% of all private industry reports of injuries. Non-construction laborers make up the highest percentage of 7.3%. Other notable industries are janitorial, nursing assistants, and retail workers.

Every employer is required to have workers’ compensation insurance in the event that someone gets hurt at work or sustains an injury related to working conditions. Workers’ compensation can assist people after an injury by providing:

• Medical treatment,
• Leave with pay,
• Job security, and
• Additional benefits.

A family member or friend in your industry may have even needed workers’ compensation benefits, but when it happens to you, an important question to ask is: do you hire a workers’ compensation attorney?

No parent ever expects that a product or toy they purchase could injure or kill the child for which it is intended. Yet, every year, there are between 400 and 450 recalls of products in the interest of safety. In 2017, there were 251,700 injuries related to toys alone, as reported by emergency rooms to the U.S. Consumer Product Safety Commission. Kids getting minor injuries related to playtime is unavoidable, but the negligence of a company and serious injury or death can be avoided.

How Do Recalls Work?

When a faulty product is discovered, it is the company’s job to report the defect to the government. You may recall seeing flyers around your regular retailer's about recalls. When a product is recalled, it is completely up to the consumer to follow through with reaching out to the company. Recalls are also listed on the U.S. Consumer Product Safety Commission website, where company contact information and remedies to the defect are also available. If a consumer ignores or is unaware of a recall, he or she is potentially putting themselves or loved ones in danger.

A recall can happen to may different kinds of products, but here are a couple of popular recalls regarding products for children:

The holidays are supposed to be a time of joy and celebration, and the last thing on your mind should be a personal injury lawsuit. Unfortunately, accidents do happen, even during the most wonderful time of the year. Tripping or falling over Christmas lights of your own doing is one thing, but what if your injury is caused by the negligence of someone else?

What is Negligence?

Negligence is when a person could have done something to prevent an unfortunate outcome but did not, either due to ignorance or laziness. For example, if a store owner refuses to clean up a spill and someone ends up getting hurt, the injured party is considered a victim of negligence.

Most Common Injuries During the Christmas Season

During 2011 through 2015, the US Consumer Product Safety Commission reported over 1,700 Christmas related injuries in 100 hospitals. Here are a collection of those common Christmas injuries.

The decision to place an elderly parent or another family member in a nursing home is often made with best intentions. Common tasks may become impossible for your elderly loved one to complete, and a nursing home can provide around-the-clock care to make them more comfortable. You may feel guilty for not being able to provide the care yourself, but nursing homes have health professionals that are experienced in the needs of elderly people.

You want to think that your loved one is safe in your nursing home of choice, but one out of ten elders experience some form of neglect in a nursing home.

There are four main types of neglect that are seen in a nursing home: