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kane county workers compensation lawyerWhen you get hurt on the job, you should not have to worry about how you will pay for medical care or get by financially while you are missing work. Workers’ Compensation programs exist for exactly this type of situation. It should be simple - you have an accident in your workplace, you file a claim, and your medical expenses and lost wages are covered. Unfortunately, some employers are not as cooperative with this process as they should be and will deny a rightful claim for any number of reasons. If your claim was denied, you might have a lot of fears about your situation. There are several ways that a Workers’ Compensation lawyer can help you after a denied claim. Your best bet may be to work with an attorney who understands the appeals process well. 

How to Recover Compensation After Your Claim is Denied

An initial denial does not mean that you will never recover compensation for your injuries and lost wages. It does, however, mean that extra steps will need to be taken to fight for the compensation you need and deserve. If you were not working with a lawyer already when you filed your initial claim, it is probably time to find one. Appealing a denied Workers’ Compensation claim can be difficult. 

Your lawyer will most likely want to help you file an Application for Adjustment of Claim with Illinois’s Workers Compensation Commission. This starts the appeals process. From there, your lawyer will generally formally request an appeals hearing. Workers’ Compensation appeals cases are tried before an arbitrator, rather than a judge. An arbitrator acts as a neutral third party and can make a more final decision about your case. 

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b2ap3_thumbnail_shutterstock_430725808.jpgWhen you get hurt on the job, you should not have to worry about how you will pay for medical care or get by financially while you are missing work. Workers’ Compensation programs exist for exactly this type of situation. It should be simple - you have an accident in your workplace, you file a claim, and your medical expenses and lost wages are covered. Unfortunately, some employers are not as cooperative with this process as they should be and will deny a rightful claim for any number of reasons. If your claim was denied, you might have a lot of fears about your situation. There are several ways that a Workers’ Compensation lawyer can help you after a denied claim. Your best bet may be to work with an attorney who understands the appeals process well. 

How to Recover Compensation After Your Claim is Denied

An initial denial does not mean that you will never recover compensation for your injuries and lost wages. It does, however, mean that extra steps will need to be taken to fight for the compensation you need and deserve. If you were not working with a lawyer already when you filed your initial claim, it is probably time to find one. Appealing a denied Workers’ Compensation claim can be difficult. 

Your lawyer will most likely want to help you file an Application for Adjustment of Claim with Illinois’s Workers Compensation Commission. This starts the appeals process. From there, your lawyer will generally formally request an appeals hearing. Workers’ Compensation appeals cases are tried before an arbitrator, rather than a judge. An arbitrator acts as a neutral third party and can make a more final decision about your case. 

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kane county personal injury lawyerThe statistics about child sex abuse are grim. Approximately one out of every five girls is sexually abused. It is estimated that about one out of every 20 boys is abused. However, many children, teens, and adults never report sexual abuse, sexual assault, or other sex crimes committed against them.

Sexual abuse victims often suffer profound physical, mental, emotional, and psychological consequences after being victimized. They may develop anxiety, depression, post-traumatic stress disorder, and other mental health issues that require expensive medication and treatment. Many turn to drugs or alcohol to numb their pain.

If you or a loved one were the victim of sexual abuse at the hands of a religious authority, teacher, child care worker, medical provider, or family member, know that you are not alone. Also, know that you have legal options for holding the perpetrator accountable and seeking compensation for your financial and non-financial damages.

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kane county medical malpractice lawyerWhen you or your loved one is extremely ill or badly injured, a hospital admission may come as a relief. Hospital patients are monitored by trained medical professionals 24 hours a day, so you would think that they are as safe as possible. Unfortunately, this is not always the case. Hospitals are often understaffed and overwhelmed, which can contribute to critical safety mistakes. Hospitalized patients are medically fragile as it is. A single careless mistake can do serious harm or even prove fatal. If you were personally harmed by or lost an immediate family member due to medical malpractice in a hospital setting, you may be entitled to recover compensation. An attorney can help you better understand what rights you may have. 

What Are the Most Common Careless Mistakes Made in Hospitals?

Hospital inpatients are often not in a good position to speak up for themselves and look out for their own safety. They have little choice but to trust that the medical professionals treating them are taking the needed precautions to keep them safe. When they are not, the results can be traffic. The most common types of medical malpractice to look out for in hospitals include: 

 

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aurora personal injury attorneyYou probably already have a good idea of what to do after you get into a car accident - call the police, exchange information, get medical attention, and then call an attorney. Equally important - but lesser known - is the list of things you should not do after a car crash. Making one of these mistakes could make it more difficult for you to recover full compensation or even bar your claim. It can be difficult to think clearly in the immediate aftermath of a crash, particularly while you are still on the side of the road or if you have been injured. Calling a lawyer right away can help you avoid these mistakes as you navigate your path to recovery after a crash. 

What Should I Avoid Doing on the Side of the Road After a Car Accident? 

Most people are quite stunned right after a car accident. People react in different ways to this kind of shocking event. Some people are naturally inclined to try to minimize the impact of the accident in an effort to calm this situation. However, doing so can cause problems when it comes time to fight for compensation. In general, you should try to avoid:

  • Taking blame - Particularly when the at-fault driver is upset and apologetic, your instinct may be to respond “politely,” by saying something like, “it was my fault too - I should have stopped earlier,” whether this is true or not. However, these words can be used against you and could result in a reduced award. 

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b2ap3_thumbnail_shutterstock_1530933998.jpgSigns of abuse can be as difficult to pick up on in elders as they are in children. Many residents of skilled nursing facilities are experiencing some form of incapacity. It may be difficult or impossible for them to outright tell you that they are being abused. In neglect cases, some nursing home residents hesitate to speak up out of misguided politeness. Residents themselves may not be aware that they are being neglected. If one of your loved ones lives in a nursing home, it is important that you check on them regularly and keep your eye out for subtle signs of abuse. If you think something is wrong, an attorney may be able to help you investigate further. 

What Clues Should I Look Out for That My Loved One is Being Abused?

When you visit your elderly family members or friends in a nursing home - whether you do so virtually, in person, or over the phone - there are a few signs you should not ignore. That said, you know your loved ones and what is or is not normal for them. Be mindful of: 

  • Call lights - If your relative uses their call light during your visit, pay attention to how long it takes for the call to be answered. Long enough that you have had to leave the room in search of a staff member more than once? The nursing home could be dangerously understaffed, leading to neglect. 

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b2ap3_thumbnail_shutterstock_403907830.jpgMental and emotional injuries are very real harms that can occur in the course of a person’s employment. Traumatic events can happen in the workplace just as easily as they can happen anywhere else. Workers who witness a major accident can suffer psychiatric injuries just as the people involved in the accident may suffer physical injuries. Other extreme events that occur while an employee is performing their job duties can cause lasting psychological harm that makes it impossible for the employee to return to work immediately. Contrary to popular belief, these mental injuries can be covered under workers’ compensation. However, it is likely to take a skilled attorney to get you the assistance you deserve after a workplace psychological injury. 

When is a Mental or Emotional Injury Covered by Workers’ Compensation?

After a workplace psychological injury, you are likely to need treatment and time to recover. Your lawyer will need to show that your mental injury was directly caused by something that happened at work, typically a traumatic event. This includes situations like: 

  • Co-occurring physical injury - If you also experienced a physical injury during the traumatic event that caused your psychological harm, your attorney may have an easier time proving that you are entitled to workers’ compensation. Often, a physical injury will heal before the emotional side of the injury does. You may have PTSD or a more acute post-trauma concern after a frightening workplace injury.

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b2ap3_thumbnail_shutterstock_627148505.jpg Sexual abuse can have a devastating, lifelong impact on a child. Few crimes evoke the level of outrage that sexual abuse of a child does, and for good reason. Suffering from sexual abuse at a young age can leave a child in need of therapy for many years to come and cause troubling behavioral changes. The sooner the abuse is caught, the more complete a child’s emotional and psychological recovery can be. Parents should keep a lookout for any signs that their child is being hurt in this fashion. There are some signs that may prompt parents and other concerned adults to investigate further. 

If your child was the victim of sexual abuse, you have the right to file a civil lawsuit on top of any criminal action that may take place. The individual or organization responsible for harming your child can be held financially responsible for their horrible behavior. Any money recovered can be used to aid your child’s long-term recovery. 

What Are Some Signs That a Child is Being Sexually Abused?

Children who are going through another type of difficult situation may show some of these signs. Other signs can be explained by a child having been accidentally exposed to sexual materials. However, if more than one of these signs is present, parents may want to investigate further and consider enlisting a professional to help determine if your child is facing sexual abuse. Signs include: 

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b2ap3_thumbnail_shutterstock_92893810.jpgPeople rely on their doctors to help them heal from illnesses and injuries. We tend to implicitly trust our doctors to help, rather than hurt us. Most people who do not work in the health care field lack a high level of medical knowledge and rely entirely on our doctor’s advice, diagnoses, and treatment plan. Like everyone else, doctors make mistakes at work. Unfortunately, these mistakes can cost people their lives. While the vast majority of doctors are not acting maliciously, those who have suffered due to medical malpractice deserve to be compensated for the harm done. No amount of money can undo this type of mistake, but it is quite frequently the best way the legal system can attempt to right a serious wrong. 

What Medical Mistakes Can Become Fatal?

Some types of medical errors can cause people to become seriously ill, suffer disfigurement, or cause life-altering disabilities. Others can lead to a patient’s death if not caught and corrected quickly. These mistakes include: 

  • Delayed diagnosis - This is a particular risk when it comes to cancer. When certain conditions are not caught in time, they can progress to a point where the patient cannot be successfully treated. 

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kane county workers compensation lawyerAfter a workplace injury, you may be unsure whether you can handle your workers’ compensation claim yourself. In most cases, it is a good idea to at least speak with an attorney who can evaluate your case and give you an educated estimate of what your claim is worth. Most injured workers could benefit from a little help - the claims process can be difficult and legally complex, especially if you are faced with a permanent disability. An experienced attorney can step in and advocate for you to help ensure that you receive all the compensation you need. 

When Do I Need an Attorney to Help With my Workers’ Compensation Claim?

If your claim is uncomplicated, your employer is fair, and you are able to return to work quickly, you may be able to handle it yourself. If you are faced with any of these situations, it may be in your best interest to be represented by counsel during the claims process: 

  • Claim denied - If your rightful claim gets rejected and you are denied workers’ compensation, you will need to file an appeal. Appealing these decisions can be complicated. Some unscrupulous employers routinely deny claims under the assumption that workers will not be able to appeal. A qualified attorney can prove them wrong. Further, enlisting a lawyer and appealing may discourage your employer from doing the same thing to others in the future. 

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illinois workers compensationMost injuries that occur in the workplace are temporary. Injuries like broken bones, torn or pulled muscles, and severe sprains may take you out of the workforce for some time, during which Workers’ Compensation can help in the short term. On the other hand, some workplace injuries are so severe that you may never be able to return to your job. These life-altering injuries can render some individuals not only unable to work, but unable to care for themselves and in need of long-term medical care. When this is the case, you could be eligible for permanent total disability (PTD) payments through Workers’ Compensation. Navigating the application process for these benefits can be extremely complicated. It may be in your best interest to work with an attorney if you believe you may qualify for these benefits. 

How Do I Know if I Qualify for PTD?

There are a couple of different ways to establish that you qualify for PTD. For starters, the injury that left you disabled must be a workplace injury. If you became disabled for another reason, you would look into Social Security benefits or a personal injury lawsuit. 

If the injury that led to your disability was workplace-related, then medical evidence of a permanent and serious disability may be enough to establish that you qualify. Your care team may need to testify that you will not be able to return to work. 

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illinois guardianship lawyerSeeking guardianship over an adult loved one is not a decision to be made lightly. There are quite a few factors that you should consider before taking this rather drastic step. However, becoming a guardian for an aging adult is sometimes a necessary step to keep them safe and financially stable. As people age, a variety of medical conditions such as Alzheimer's or dementia can prevent them from making reasonable decisions about their life or make it impossible for them to responsibly manage their property and finances. While it may at times be a difficult step - legally and emotionally - it may be the best way to protect a loved one. 

A guardianship attorney may be able to help you decide whether filing for guardianship is an appropriate step, and guide you through the court proceedings if it is.

What Are the Two Types of Guardianships in Kane County?

First, you should know that there are two types of guardianships - guardianship of the person, and guardianship of the estate. Guardianship of the person allows the guardian to make decisions such where the person under guardianship (the “ward”) will live. This type of guardianship is often sought when an elderly person can no longer safely live at home, but will not voluntarily go to a care facility. 

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Aurora medical malpractice lawyerAccording to the CDC, over 1.6 million people learn that they have cancer every year. As the second most common cause of death in the United States, cancer claims the lives of far too many people on an annual basis. However, not everyone who is diagnosed with cancer actually has cancerous cells in their body. Additionally, not everyone who has cancer is diagnosed with cancer upon seeking medical attention for their health concerns. Anywhere from 10 to 20 percent of people who receive a cancer diagnosis eventually learn that they were wrongfully diagnosed

Whether they were told that they had cancer when they did not or they received a different diagnosis despite having cancer, a misdiagnosis of cancer in any capacity can greatly affect the lives of those who have been misdiagnosed. You may be wondering how there could be any confusion about someone’s medical status, but the reason behind a cancer misdiagnosis often comes down to medical malpractice.

What is a Cancer Misdiagnosis? 

A misdiagnosis of cancer is a situation in which a patient is wrongfully diagnosed in a way that involves cancer. This is a vague definition, but that is because a cancer misdiagnosis can take many different forms. Misdiagnoses arise when physicians or healthcare providers either misunderstand, misidentify, or misconstrue the symptoms or test results that a patient is presenting with upon being evaluated. 

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b2ap3_thumbnail_shutterstock_1698306562.jpgThe goal of finding a nursing home for your older friends or family members is to provide them with the opportunity to receive care when living alone is no longer an option for them. Many nursing homes are presented as being both credible and safe for the elderly.  

As a concept, a nursing home sounds like a lovely place of residence where residents will be protected, assisted, and cared for on a regular basis. Unfortunately, not all nursing homes provide the competent care residents deserve. 

Occasionally, residents of nursing homes are subjected to negligence on behalf of those who are supposed to keep them safe. If you suspect that your loved one was injured or killed by nursing home negligence, there are a few key steps that we suggest you take immediately upon becoming aware of the circumstances. 

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kane county medical malpractice lawyerPatients should be able to enter offices, clinics, and hospitals with full confidence that they can trust their healthcare provider. However, the unfortunate truth is that not all medical procedures are conducted safely, and every so often, instances of medical malpractice take place. 

Medical malpractice is a form of negligence that happens at the hands of medical professionals, such as nurses, doctors, physicians, clinicians, dentists, and ophthalmologists, among other professions. Examples of medical malpractice may include being prescribed the wrong medication, not receiving the proper dose of anesthesia prior to surgery, or failing to diagnose a patient with a disease like cancer. 

Even though medical malpractice can cause serious and irreparable damage, negligence of this nature can be very difficult to prove. However, knowing that information should not deter you from pursuing justice and seeking appropriate compensation for your experience. It all starts with hiring an experienced attorney and understanding the statute of limitations. 

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b2ap3_thumbnail_shutterstock_1320322961.jpgNo matter which industry you work in or the job title that you hold, all types of employment come with their own set of stressors and complications. Ideally, your job will not cause you to experience unbearable stress or other related mental health concerns. 

However, some employees find themselves wondering what their legal rights are in the midst of heightened stress that makes them concerned for their mental health. If you are interested in learning about whether or not you can file a workers’ compensation claim for post traumatic stress disorder (PTSD), anxiety disorders, or other mental illnesses in Illinois, keep reading. 

What Is a Workers’ Compensation Claim? 

A workers’ compensation claim refers to a legal demand presented by an employee who sustained an injury, developed a disability, or was otherwise harmed because of their job. Illinois employers are required to carry workers' compensation insurance.

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aurora workers comp lawyerReturning to work after suffering a serious workplace injury is a cause for celebration; it is a sign that things are getting back to normal.

However, returning workers often do not work regular hours right away, and their job duties are often less than what they were pre-injury. Such “modified jobs” allow workers to ease back into full employment, but they also create financial hardship. Workers that come back in a limited capacity usually make less money than they did pre-injury.

Thankfully, there is a solution called Temporary Partial Disability (TPD). TPD is intended to help close the gap between the reduced wages the worker receives in a reduced capacity, and the wages he was making pre-injury working in a full capacity.

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kane county truck accident lawyer Truck accident victims are often left with debilitating physical injuries, not to mention medical debt, job loss, and mental trauma.

Recovering compensation for these losses is often a long and arduous process. Thankfully, victims have rights under Illinois Law. If the accident was caused by negligence or wrongdoing, they can file a personal injury claim against those responsible. A successful claim may result in financial compensation for losses resulting from the accident.

The thrust of every claim is, of course, the evidence. The evidence presented will determine who is at fault and how much money the plaintiff is owed if the court rules in their favor.

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kane county medical malpractice lawyerDespite advances in medical technology, thousands of mothers and babies are injured during childbirth every single year.

Uterine ruptures are one of the most common, and most serious, birth injuries. The term describes the tearing of the uterine wall during childbirth. Severe complications often follow uterine rupture. The mother may experience severe bleeding, which can cause the baby to suffocate in the womb. In rare cases, uterine rupture is fatal to both the mother and the baby.

Even if both parties survive, they may be left with permanent disabilities. The Mother could suffer permanent damage to her uterus, rendering her unable to sustain future pregnancies; babies are often left with impaired cognitive function, a product of oxygen deprivation.

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aurora personal injury lawyerA serious injury has tremendous consequences far beyond bodily harm. You may be unable to work, burdened by medical debt, and troubled by psychological trauma.

Overcoming these obstacles is incredibly challenging. If a person’s injuries are the result of negligence or wrongdoing, they can file a personal injury claim against those responsible to pursue compensation for the harm they suffered.

There is, for example, significant confusion regarding who can be sued. It is often assumed that only the person directly responsible for an accident is liable, but in reality, many different parties could be responsible because of the doctrine of vicarious liability.

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