Workers’ 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:

Medical 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:

Auto 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.

According 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.

People 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.

WLS-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:

While 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:

Social 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.

The Illinois Nursing Home Care Act sets out certain rights that people who live in skilled nursing facilities have. People who go to live in nursing homes often give up many of the freedoms and comforts of living at home. They may be asked to sign in and out when they leave. Residents prone to elopement may be required to wear a personal alarm that will alert staff if they attempt to leave. However, a person does not give up all of their personal liberties when they move into a long-term care facility. In Illinois, enumerated rights are set out to protect individuals who live in nursing homes. These rules are in place to prevent vulnerable residents from being taken advantage of, neglected, or abused. Sadly, many elderly and disabled Illinois residents face neglect and mistreatment in these facilities. When a resident has their rights violated, they may suffer irreparable harm. If you or your loved one has suffered harm due to nursing home mistreatment, you may wish to speak to an attorney about the possibility of recovering compensation. 

Resident Rights Enumerated in the Illinois Nursing Home Care Act

Nursing home residents and their loved ones should be familiar with the legal rights they have so that any violations can be noticed quickly. Rights of nursing home residents in Illinois include: 

• Courtesy and respect - Staff at care facilities must treat patients with courtesy and respect. Disrespectful or rude treatment can impact the mental health status of a nursing home resident, which can lead to a degradation in overall health. 

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Pedestrian accidents can happen any day of the year, as can drunk driving crashes. However, both of these horrifying types of auto accidents tend to increase in frequency on the days around Halloween. Many children love trick-or-treating, and many parents love to watch their children run around in a costume, collecting candy from neighbors. However, it is critical that parents be particularly wary of drivers on this holiday. Halloween invites dangerous driving practices - as well as unsafe pedestrian habits. Excited children are prone to abruptly running across the road. Likewise, adults who are uninterested in trick-or-treating tend to attend parties and events where drinking is a favorite activity. The combination of too many intoxicated drivers and too many children running about in a crowd can be incredibly deadly. Children are generally at more risk than adults for Halloween auto accidents. If your child is injured by a careless driver this Halloween, you may be able to recover significant compensation on their behalf. 

Drunk Driving and Halloween

Not all Halloween festivities are meant to be family-friendly. Many adults enjoy dressing up in a fun costume and going out just as much as many children do. Unfortunately, some adults may forget that someone in their group should go as a “designated driver.” Choosing to drink and drive around Halloween is particularly careless - adults know that around this time, children are out in droves. Yet, Halloween remains one of the biggest days of the year for drunk driving. 

Pedestrian Accidents and Trick-or-Treating

Parents are often worried about poisoned Halloween candy. While it is incredibly unlikely that your child’s trick-or-treat basket will contain anything but sugar in abundance, it is likely that they will encounter at least one dangerous driver. Children are among the most common victims of negligent drivers around Halloween. 

Medical malpractice claims are often considered in terms of general practice and hospital care. While cases stemming from general healthcare errors are very common, those born of an error by a dentist or oral surgeon are also common. Dentists and other dental practitioners are held to a professional standard of care similar to healthcare professionals because careless mistakes by the medical professional tasked with caring for a patient’s teeth and mouth can cause significant harm to the patient. 

Patients who have experienced medical malpractice at the hands of a dentist may suffer lasting harm, such as missing or badly damaged teeth, permanent numbness due to nerve damage, or anesthesia errors that can be severe or fatal. If you suspect that you have been harmed by medical malpractice in a dental setting, it would be advisable to contact an attorney as soon as your suspicions have been aroused. Strict statutes of limitation apply to malpractice cases of all varieties, so time is of the essence when preparing for potential malpractice litigation. 

Being left injured on the side of the road with a disabled vehicle while the at-fault driver speeds away can induce feelings of hopelessness in anyone. If the driver who would be liable for the accident has disappeared, pursuing compensation from them may seem impossible, but in many cases, it actually is. 

Hit-and-run car accidents involving personal injury are troubling to most police departments, and with the help of attorneys, they discover the identity of the at-fault driver more often than one might think. Additionally, the liable driver is not the only potential source of compensation. It would be wise to contact an attorney as soon as you are able to after a hit-and-run accident so that a prompt investigation can begin while evidence is more likely to be available at the location of the accident and from other sources. 

Investigating a Hit-and-Run Accident

Hit-and-run drivers often assume that if they were not seen by the person they hit, it is not likely that their identity will be revealed so that they can be held responsible. This is frequently an errant line of thinking. Other options for discovering the identity of a hit-and-run driver include: 

 Premises liability laws deal with injuries to welcomed persons due to dangerous conditions on a given premises. It is the duty of the party controlling the property to maintain the premises in a condition that is reasonably safe for visitors to the property, or otherwise to adequately caution visitors against conditions posing a potential risk of physical injury. In order to win a premises liability case in Illinois, a plaintiff must prove the existence of each of the four circumstances. The types of hazards and harms that may give rise to a valid premises liability claim are varied, and most frequently include accident types such as slip-and-fall incidents, staircase falls, swimming pool accidents, and in some instances, harms caused by animals, including canines. If you have suffered an injury on the premises of another, contact an attorney following the accident so that evidence can be promptly preserved. 

Establishing a Prima Facie Case for a Premises Liability Claim

The prima facie case for a premises liability claim includes four distinct elements, each of which must be proven by a preponderance of the evidence. These elements are: 

• Dangerous condition - It must first be established that a dangerous condition existed on the property. Dangerous conditions may include such hazards as unlit stairwells, unenclosed swimming pools, and slippery walking surfaces. Certain conditions created by nature alone may not be used to prove this element. 

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Choosing to move an elderly family member into a skilled nursing facility can be difficult. This decision is often made out of concern for the senior’s safety. When a person can no longer live at home because they are no longer able to care for themselves, or because their care has become overwhelming for family members, placement in a nursing home may be the best option. Nursing home residents are supposed to be cared for in a safe environment by skilled, concerned caregivers. Unfortunately, not all nursing homes are of equal quality. There are a few known telltale signs that a particular nursing home may not be the best place for vulnerable elderly people. If you notice several of these signs in the nursing home that is caring for your loved one, you may want to do a little more digging to find out whether they have been receiving the appropriate care. If you find that they may have been harmed by a negligent nursing home, you may want to speak to an attorney. 

Nursing Home Red Flags to be Aware of

When you are visiting your family member or speaking to their care team, these signs may be a signal that something is wrong. Signs of an unsafe nursing home include: 

• Understaffing - When a nursing home does not have enough caregivers present to adequately meet all of the resident’s needs, important issues can fall through the cracks and your family member may not be receiving all the care and attention they need. Understaffing is a major problem at this time due in part to a shortage of nurses. 

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We often hear about doctors who fail to diagnose and treat their patients in a timely manner. Those with rare or chronic illnesses may sometimes spend years fighting for a diagnosis and getting the treatment they need. Failing to treat a patient who needs treatment can be a form of medical malpractice. On the other hand, so can overtreating health issues or subjecting a patient to treatment they did not need. When applied well, medical science can do incredible things to make sick people well again. However, medical science can also do extreme harm to a person when care is administered negligently. Medications, tests, procedures, and surgeries can all do serious harm if they are not medically indicated. Some patients endure needless treatments for years before learning that their health care is actually making them sicker. If you have been harmed by unnecessary medical treatment, you may be entitled to compensation. 

What Medical Treatments Are Used Unnecessarily? 

Profit-driven hospitals and doctors are often eager to perform as many tests and treatments as they can. This can drive doctors to order all sorts of medical interventions that a patient does not genuinely need. Overtreatment can be just as dangerous as undertreatment, but it is much less discussed. Some types of unnecessary medical interventions people have faced include: 

• Medications - Often, medication will be one of the first things a doctor tries to relieve a patient’s reported symptoms or correct an issue they think they have spotted. However, “FDA approved” does not mean “safe for all humans.” This often happens when doctors fail to perform appropriate tests to determine whether the medication is needed. For example, if a doctor takes a new patient’s blood pressure once and sees that it is high, they may instantly prescribe blood pressure pills without realizing that the reading was a fluke. 

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Right after you have been hurt in a car accident, you are left with the unenviable task of battling an insurance company or other liable party trying to get the compensation you need. You can be almost certain that the insurance company will be recording every phone call and ready to use your words against you in any way they can. It is very easy to inadvertently provide them with a sound byte that could hurt your case. These profit-driven companies are not above taking something out of context if it could save them money on a settlement. This is one of the big reasons why conversations with insurance companies are best handled by a lawyer. If all you need to say is, “please contact my attorney,” then there is little chance of having your well-intentioned words thrown back in your face. 

Phrases You Should Never Say to a Car Insurance Company

In general, you will want to avoid saying anything that could possibly be interpreted in a way that reduces the other driver’s liability. Even innocuous phrases can be twisted here. You will need to carefully avoid saying things like: 

• “Sorry” - After an accident involving another driver, it is tempting for some people to apologize to the at-fault driver out of an abundance of politeness. While you - and everyone else - would readily be able to tell that you meant, “it is unfortunate that you were injured,” an insurance company may try to construe it as though you were apologizing for causing the accident. 

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Rear-end collisions can be exceptionally jarring. You probably never saw the impact coming when you were hit from behind. You may have had no chance to brace yourself or get out of the way. The injuries commonly caused by a rear-end collision can include whiplash, back injuries and head injuries, which can be serious. Rear-end collisions are likely the most common type of car accident. In Illinois, there is a legal presumption that the driver behind is at fault in a rear-end collision. The front driver can be at fault in rare instances, but for the most part, the driver who hit you from behind is going to be liable. If you were injured in a rear-end collision, you may be entitled to compensation. A lawyer can help you understand your rights. 

Common Excuses From At-Fault Drivers After a Rear-End Crash

Drivers love to make excuses after rear-ending someone. If the responsible driver got out of his car after the accident and went off on you as if this was your fault, your experience is not unique. Some of the most common reasons and excuses at-fault drivers give - and why they do not get them off the hook - include: 

• The weather did it. - If it was raining, snowing, foggy, or icy when your accident happened, you more likely than not had to listen to the driver who hit you attempt to blame the weather. However, drivers are responsible for adjusting their driving technique based on the weather they are in. In fog or low-visibility conditions, drivers should increase their following distance just in case the driver ahead of them stops quickly. In rain, snow, or otherwise slippery conditions, drivers should realize that it will take longer to stop their vehicle and start braking well in advance. 

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In some lines of work, getting hurt on the job is relatively likely. In others, it is rare. Whether you are dealing with Carpal Tunnel Syndrome from typing at a desk all day or a serious neck injury after a construction site accident, you are likely eligible for workers' compensation if you sustained an injury at work. Many injuries keep you from returning to your job right away. In some cases, you may be able to perform a less physically challenging job for your employer while you are injured. In others, you may not be able to work at all during your recovery period. If you are hurt and unable to perform your normal work duties, you may be able to receive temporary disability payments. An attorney can help you understand what types of benefits you are eligible for. 

What is Temporary Total Disability?

Temporary total disability benefits are used when you are unable to perform any work for your employer. If your employer cannot offer you temporary light-duty work that you would be able to perform, then you may be considered totally temporarily disabled. This is often the case if a worker's injuries are severe, especially if they must remain in the hospital or a rehabilitation facility for some time. 

If you are eligible for temporary total disability, you can be paid two-thirds of your normal wages. If you are hourly and your income varies, your weekly wages will be averaged out based on what you earned in the past year. 

Road rage has been on the rise since the end of pandemic-related lockdowns. For a long time, essential personnel were the only ones commuting. People were not doing much of anything outside their homes, and everyone got used to there being very little traffic. Then, stay-at-home orders lifted and suddenly, everyone was dealing with traffic like they had not seen in over a year. Since the roads first started to fill back up, road rage car crashes have only gotten worse and more frequent. 

Now that we are right in the middle of summer, road rage levels may be even higher than usual. There is an undeniable link between heat and road rage, and traffic tends to be worse in the summer. If you are injured by a driver with road rage, you may be able to recover compensation. 

The Link Between Heat and Road Rage

The fact that high temperatures contributes to road rage incidents has been known for a very long time. Extreme heat tends to increase how a person responds to annoyances drastically. A minor irritation, like getting cut off in traffic, might be no big deal at all for a driver in pleasant weather. However, in extreme heat, that same driver may end up reacting quite aggressively, such as by trying to swerve around and cut off the other driver in an act of revenge. 

You have probably heard a lot about the dangers of cell phone use while driving. Obviously, if someone is cruising down the highway with one hand on the wheel, one hand holding a cell phone, and two eyes looking at a screen, there is likely to be a car accident. Distracted drivers kill over 3,000 people and injure almost 500,000 each year in the U.S. 

Cell phones are responsible for quite a large percentage of distracted driving accidents. Unfortunately, drivers of brand new vehicles may now have a completely new source of distraction - their own dashboards. Many car companies are now using built-in infotainment systems that are meant to reduce cell phone distraction. The question remains just how distracting these integrated systems may be. 

The Dangers of Integrated Distractions

New cars with integrated infotainment systems can do almost everything a cell phone can do, including helping the driver send a text message, navigate, or connect to the internet. Screens may be integrated into the dashboard so that drivers do not need to pick up their phones. Often, these infotainment systems are meant to be voice-controlled, but voice control is still far from a perfect technology.