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Construction work is dangerous, and while workers’ compensation benefits in Illinois often help injured employees, they do not always cover everything. If you have been hurt in a construction accident, you may have other legal options for compensation. An Aurora, IL construction accident attorney can help you explore claims against third parties whose negligence may have caused your injuries. These types of claims fall outside the workers’ compensation system and could lead to a larger financial recovery.
Workers’ compensation claims do not have a fault element, meaning that you do not need to prove someone else was at fault to access compensation through a workers’ comp claim. However, that protection only extends to you and your employer. Other people or parties can play a role in creating unsafe conditions at construction sites. Examples of potential third parties include:
If you developed carpal tunnel syndrome (CTS) on the job, you should be able to claim workers’ compensation benefits. Illinois law recognizes carpal tunnel as an occupational injury if it is caused or aggravated by work activities. However, proving that your injury is directly related to work can be challenging, and insurance companies are known to exploit opportunities to deny claims. An experienced Aurora, IL workers’ compensation lawyer can help you build your claim to ensure you are eligible for the benefits you need.
According to the Illinois Workers’ Compensation Act under 820 ILCS 305/1, you must show that your condition arose out of and in the course of your employment. Medical evidence is essential to your claim. You need proof of a formal diagnosis from a doctor, preferably a specialist like an orthopedist. Medical documentation can include a physical exam, diagnostic tests, and medical history. Because CTS develops over time, having a doctor address your medical history is important.
If you were injured after seeking medical treatment in Illinois and the doctor or facility in charge of your care was negligent, you may have the right to compensation through a medical malpractice claim. Under Illinois law, malpractice occurs when a doctor, hospital, or other licensed medical provider fails to meet the recognized standard of care, and that failure causes a patient harm. While not every bad result is malpractice, an experienced Aurora, IL medical malpractice lawyer can help you understand the legal implications of your injury.
Illinois law recognizes several categories of medical malpractice claims, depending on the type of error and the circumstances involved. Some common types include:
Diagnosis errors: A medical provider fails to correctly diagnose a serious condition, like cancer, stroke, or heart attack, leading to delayed or improper treatment
A truck accident can be traumatic for everyone involved, and the legal aftermath can be overwhelming if you think you could be partially at fault. A common misconception among auto accident victims is that they cannot recover compensation if they share any responsibility for the accident. However, that is not always the case under Illinois law. If you have questions about your right to recover compensation for your injuries and property damage, an Aurora, IL truck accident lawyer can help.
Under Illinois’s modified comparative negligence system, outlined in 735 ILCS 5/2-1116, you may still be eligible for compensation if you are partially responsible for an auto accident. The rule allows you to recover damages, such as medical expenses and lost wages, as long as you were not more than 50 percent at fault for the accident. If your share of fault is 51 percent or higher, you are barred from recovering any compensation.
The unexpected loss of a loved one due to wrongful death can leave surviving family members and dependents overwhelmed with grief and uncertainty. Under these tragic circumstances, Illinois law provides a legal path to seek justice and financial compensation. If you are unsure about your right to damages after the death of your loved one, a knowledgeable Aurora, IL wrongful death attorney will guide you through the complex legal process and fight to hold the responsible party accountable.
The Illinois Wrongful Death Act, 740 ILCS 180/0.01, defines wrongful death as occurring when a person dies as the result of another party’s wrongful act, neglect, or default, and the act would have allowed the victim to bring a personal injury lawsuit if they had survived. Wrongful death cases are civil actions, not criminal prosecutions. Therefore, even if the responsible party is not charged with a crime or is acquitted in criminal court, a civil action can still be brought against them for the damages, meaning monetary compensation, related to a wrongful death.
Almost all employers in Illinois have to maintain workers’ compensation insurance policies. If employees are injured at work or become ill from work-related causes, workers’ comp benefits provide funds for medical expenses and other limited financial losses. However, no insurance carrier wants to pay claims. The company might try to say that you were injured on your own time, which would mean you are ineligible to receive benefits.
Our experienced Aurora, IL workers’ compensation attorneys can help you gather and present the evidence needed to prove the origin of your injuries. In addition to workers’ comp benefits, your work-related injury might also provide grounds for a separate personal injury claim. If so, we can assist with that claim as well.
Some injuries result from an obvious accident. Falling from a ladder or being hit by a moving forklift are examples. However, some kinds of injuries develop over time without an apparent accident. Repetitive stress injuries, like carpal tunnel syndrome and back strains, can be caused by performing the same actions or motions regularly. Symptoms of organ damage, traumatic brain injuries, and soft tissue damage might gradually appear.
Grocery stores have policies specifically designed to prevent premises accidents, like slips and falls. When failure to adhere to those policies and the basic requirement that the store be reasonably maintained to keep it safe results in your injury, Illinois law allows you to hold the at-fault party responsible for your losses. You may be able to recover damages like the cost of current and future medical care, lost income, and pain and suffering. First, you have to prove that negligence occurred, and an experienced Aurora slip-and-fall accident attorney can help.
According to Illinois premises liability law, property owners must maintain a safe environment for visitors, and that includes addressing any potentially dangerous conditions that could result in injury. This principle applies to residential and commercial properties. When an accident occurs in a grocery store, the owner or operator could be liable for the accident and resulting damages.
In Illinois, whoever is responsible for a car accident is also liable for the damages that result from the crash. If you can prove that a defective car or car part is responsible for your accident, injuries, and damages, you can file a claim against the manufacturer, but you will need the help of an experienced Aurora, IL auto accident attorney to help build a strong case. Product liability claims are significantly more complex than most personal injury claims, but a knowledgeable legal representative will walk you through the process and protect your rights.
The first step in building your case is to prove that the vehicle has a defect that contributed to or caused the crash. Some examples of issues that could cause an accident include:
Among the most devastating civil claims is wrongful death, which can be the result of everything from car accidents to medical malpractice. Losing a loved one unexpectedly because of someone else’s negligence is especially heinous, and the surviving family deserves an avenue to compensation. An Aurora, IL wrongful death attorney can help you understand the legal process for filing a claim, including who can bring it to the court, what they can recover, and how the award is distributed.
State law dictates who can file a wrongful death claim in court. According to the Illinois Wrongful Death Act, a personal representative of the deceased person’s estate, commonly known as the estate executor, must bring the claim to court. If your loved one died without a will or estate plan and had no appointed executor, the court can appoint one. That person or agency would be responsible for filing the wrongful death claim and carrying out the responsibilities related to overseeing the estate.
Dealing with a combative insurance company in the wake of a devastating car accident can be a frustrating task. The adjusters assigned to investigate claims are typically expected to protect the company’s best interests – namely, its bottom line – and the more severe the accident and damages, the more likely you are to experience bad faith tactics. Learn more about how to recognize when an insurer is acting in bad faith, and contact an experienced Kane County, IL car accident attorney if you think it is happening with your claim.
Illinois's mandatory vehicle insurance requirements are designed to ensure that you have coverage for all possible damages through the at-fault party’s provider in the event of an accident. Ideally, you would file a claim, and the insurer would send you a check for an amount that meets the demands of your claim, covering all recoverable losses, such as medical expenses and lost wages. Unfortunately, that is not always the case, and sometimes the tactics adjusters use to avoid paying your claim are more subtle than others.
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2114 Deerpath Road, Aurora, IL 60506 630-907-0909
