If you or a loved one were hurt in a construction accident, you may be facing steep medical bills that place a significant financial strain on your family. The cost of doctor’s visits, imaging tests, surgery, medication, and other medical needs can exacerbate the financial burden created by being out of work.

Depending on the circumstances of a construction accident, an injured worker may be entitled to compensation for medical bills, lost income, and other costs resulting from the accident. Some injured workers are also entitled to compensation for non-financial harm including their physical pain and emotional suffering.

Determining the Liable Party in a Construction Accident

Construction sites are full of potentially deadly hazards. Although a number of laws regulate construction site safety, accidents still occur. When a worker is injured in a fall accident, machinery accident, trench collapse, explosion, or another type of construction accident, the results can be life-changing.

When you are sick or injured, you go to the doctor or a hospital to receive medical care. When that medical care injures us further or makes us even sicker, it can be frustrating and stressful. Unfortunately, medical malpractice is not all that uncommon in the United States. According to data from the National Practitioner Database, there have been more than 58,000 instances of medical malpractice payments or adverse actions taking place since the beginning of 2020. If you have been a victim of medical malpractice, there are likely various questions that you have relating to your case. Here are some of the most common questions and their answers.

Is There a Time Limit to File a Claim for Medical Malpractice?

With nearly any case that you file with the court, there is such a thing called the “statute of limitations.” This is simply just a law that states how long a person can wait before they are no longer able to file a lawsuit and have it heard in court. In Illinois, most people must bring a case in court within two years of the medical malpractice incident. However, in some cases, the statute of limitations may be extended to four years.

What Kind of Damages Can Be Recovered in a Malpractice Case?

In many cases, medical malpractice can leave you with severe and/or lasting effects. In some cases, you may have difficulty getting through day-to-day life or you may be in constant pain. Depending on the circumstances surrounding your case, you may be able for damages such as:

There are a variety of ways you could get injured on the job, from slipping on a wet floor to accidentally amputating a finger in a piece of machinery. No matter the injury, you should have peace of mind knowing that you are covered by workers’ compensation insurance, which most Illinois employers are required to carry. It can be frustrating when you receive a denial for your workers’ compensation benefits in the mail. If you have been denied your right to workers’ compensation, there are a number of potential reasons why. An Illinois workers’ compensation attorney can help you determine the cause of your denial.

1. Your accident did not occur at work.

Usually, the only type of injuries that are covered under Illinois workers’ compensation are injuries that are sustained from accidents that occurred at work. However, you may still be able to claim workers’ compensation if you were performing work for your employer, even if you were not present at your employer’s location at the time.

2. You did not inform your employer of your injury on time.

Like many other things, there are statutes of limitation that you must obey. For workers’ compensation claims, the Illinois Workers’ Compensation Commission (IWCC) states that you should inform your employer of your injury as soon as possible, but in no case later than 45 days after the day that you were injured.

One of the most traumatic and damaging things to experience for anyone, regardless of age, is sexual abuse. Unfortunately, sexual abuse is also one of the most prevalent forms of domestic violence in the United States. According to the Rape, Abuse & Incest National Network (RAINN), more than 400,000 people are victims of sexual abuse or violence each year. In 2016 alone, more than 57,000 instances of confirmed or suspected sexual abuse toward children were reported by Child Protective Services across the country. Filing a lawsuit against a perpetrator or others who are responsible for allowing sexual abuse to take place can help you regain certain expenses and hold your perpetrator accountable.

Is There a Time Limit to File a Sexual Abuse Lawsuit?

In recent years, the statute of limitations for instances of sexual abuse or sexual violence in Illinois has been updated. Prior to 2019, victims of sexual abuse only had up to 10 years to bring criminal charges against a perpetrator and only if the offense was reported to law enforcement within three years of it happening. However, much research has been done over the years, especially in the past decade, about how sexual abuse affects humans. In some cases, it can take years for a person to even come to terms with the sexual abuse that they were a victim of, let alone file a lawsuit for it. Now, there is no statute of limitations for bringing criminal charges against a person for major sex crimes. There is also no time limit for child victims of sexual assault or abuse to bring civil lawsuits against their perpetrators. However, if a person was over the age of 18 at the time of the offense, they only have 20 years to bring a lawsuit.

Who Can I Hold Accountable in a Lawsuit for Sexual Abuse?

When recovering damages for sexual abuse or assault, the obvious person you will likely target is the perpetrator themselves. However, there are also other individuals and entities that you may be able to hold accountable. These can include:

Thousands of products are recalled for safety concerns each year. In some cases, companies preemptively realize the fault before consumers are injured. In other cases, defects in a product can cause injuries or even death before the company is made aware of the defect. Either way, the company could be held liable for injuries caused by their product, especially if the injury was caused by something that was not the consumer’s fault. This seems to be the case in the recent recall issued by IKEA, a Swedish furniture and home goods manufacturer. IKEA recently recalled thousands of cups, bowls, and plates that were reported to have caused injuries across North America.

Dinnerware Is Prone to Shattering

According to the Consumer Product Safety Commission (CPSC), IKEA recalled around 159,000 units of the “HEROISK” and “TALRIKA” model cups, plates, and bowls from North America last week, with around 11,400 of those units being recalled from Canada. The recall was a result of reports of the dinnerware becoming brittle over time and cracking or breaking. Some of the incidents resulted in burns from hot food or liquids, but only one of the incidents reported was from the U.S. There has been speculation that the material the dinnerware was made out of could be the reason for the brittleness. According to the CPSC, the units were made from PLA, which is polylactic acid or polylactide, a material made out of renewable resources.

Burn Injuries and Their Complications

All of the reports of injury that were received for these products were due to burns sustained by victims, some of which needed medical attention. Most of us have been burnt in some form over the years, however, burns can become extremely painful and even life-threatening in some situations. Burns are typically classified by degrees depending on how severe they are. A first-degree burn only touches the top layer of skin, while third-degree burns reach all the way to the lowest layer of fat beneath your skin.

It is common knowledge that nearly all employers in Illinois are required to carry worker’s compensation insurance. Workers’ compensation exists to support employees who become injured during the course of their employment. Workers’ compensation allows injured workers to claim benefits for injuries such as broken limbs or even death. What some people may not realize is that many illnesses or diseases that are developed by employees through their line of work can also be eligible for compensation under the Illinois Workers’ Occupational Diseases Act.

Understanding Qualifying Diseases

The most difficult part about a claim for an occupational disease is proving that the situation is actually work-related. The Act does not list any specific diseases that qualify for compensation, but states that any disease that arises, “out of an in the course of the employment,” or any condition that, “has become aggravated and rendered disabling as a result of the exposure of the employment,” is a qualifying disease for reasons of the Act. However, the Act also states that the illness or disease must be one that arises from a risk that is normally or in most cases specific to or increased by the work and, “not common to the general public.” Some common diseases or illnesses that could be included are:

• Asthma
• Reproductive diseases
• HIV
• Dermatitis
• Hearing loss
• Post-traumatic stress disorder

Recovering Compensation For Your Illness

In most cases, claims for an occupational disease must be filed within two years of the last day of exposure to the thing causing the disease. In certain cases, such as those involving the inhalation of silica or asbestos dust, claims must be filed within three years. Diseases relating to exposure to radiation have up to 25 years to be filed. If the claim is filed within the appropriate amount of time, benefits can be collected. These benefits would be the same as if they were being paid out for a work injury. Benefits for an occupational illness or disease can include:

Traffic accidents notoriously rise during the summer months, perhaps due to more people on the road. Even though motorcycle fatalities technically decreased in 2019, the number of motorcyclists who were injured increased by about 2.4 percent, according to the National Highway Traffic Safety Administration (NHTSA). Many people who have motorcycles begin to get back out onto the road when the weather gets warmer, but motorcyclists face a unique set of challenges on the road. The best way to prevent motorcycle accidents from happening is by protecting yourself and practicing safe motorcycle riding habits. Here are a few things to keep in mind the next time you go for a ride:

• The most important piece of safety equipment you can own is a helmet. Studies have shown that motorcyclists who do not wear helmets are much more likely to suffer severe head injuries or even death. Any helmet you wear should have a Department of Transportation sticker on the back, so you know that it meets federal safety standards and is providing the most protection.
• You should also wear other safety gear, as well. Other than a helmet, you should always dress appropriately when you ride. You should always wear long pants and long sleeves when you are riding. This provides a bit more protection for your bare skin against the asphalt. You should also wear boots that have a small heel and cover your ankles to protect your feet and increase your stability.
• Check your bike when you take it out of storage. If you are taking your bike out of winter storage, there are various maintenance measures that you should take before you head out. You should make sure all of your lights and signals work properly, your hydraulics and coolant fluid levels are correct, and that your tires are in good condition and inflated properly.
• Always follow all traffic laws and rules. Although it may be obvious, you should be sure to follow all traffic laws. Other drivers on the road expect you to follow the rules of the road and may not anticipate other actions that break the rules. Never weave in and out of traffic or lanes, as this can be dangerous.
• Never ride when you are not 100 percent alert and focused. Even though it is illegal to drive a vehicle when you are under the influence, people still do it. However, this can be deadly if you are riding a motorcycle while intoxicated. According to the NHTSA, around 37 percent of people who died in motorcycle accidents in 2019 had alcohol in their system at the time of the accident.

Injured in a Motorcycle Accident? Our Kane County Motorcycle Accident Injury Attorneys Can Help

If you or a loved one has been injured in a motorcycle accident, you should speak with a skilled Aurora, IL motorcycle accident injury lawyer as soon as you can. Our team at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. has more than 100 years of combined experience helping clients who have suffered effects of traffic accidents, including those involving motorcycles. Our skilled attorneys will do everything in their power to settle your case without having to go to trial but will be tenacious in pursuing compensation if it comes to that. Call our office today at 630-907-0909 to schedule a free consultation to get started on your case.

In comparison to the world around us, humans are rather frail and breakable creatures. There are countless ways you can become injured, but one of the most common ways is by being in a car accident. Millions of car accidents occur every year and produce an array of injuries, from mild injuries to more severe injuries that need immediate attention. Even if a car accident does not look severe, it has the potential to produce serious injuries. In some cases, injuries may not manifest right away. It can take a few days or weeks for some symptoms and injuries to show up, but you still have a right to hold the other person responsible for those injuries. If you have recently been in a car accident, here are a couple of common symptoms and injuries that can appear a short time after the accident:

• Headaches: One of the most common symptoms that can appear after a car accident is headaches. Headaches can be minor inconveniences or it can be a sign that something more serious is wrong. In some cases, persistent or severe headaches could mean a brain injury or neck injury.
• Neck pain or stiffness: It is also common for those who have been in a car accident to complain about a stiff neck or pain in the neck and/or shoulders. This is often the result of whiplash, which is an injury that occurs to the neck when a person’s head is forcefully thrown back and forth. In rare cases, neck pain could also be a sign of a spinal cord injury.
• Abdominal pain: If you experience unexplained pain in your abdomen after a car accident, there could be a serious injury inside of you. Abdominal pain is often a sign of internal bleeding or other soft tissue damage. If left untreated, internal bleeding could cause other issues and eventually, death.

Our Aurora, IL Car Accident Injury Lawyers Are Here to Help

It is not uncommon for symptoms to take a bit of time to manifest or appear completely after a car accident. If you are experiencing any type of unusual symptoms after your car accident, you should seek medical attention immediately and then contact the skilled team at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. Our Kane County car accident injury attorneys will examine your case and help you fight for the compensation you need. To begin discussing your case, call our office today at 630-907-0909 to schedule a free consultation.

People who are injured on the job or because of work they have performed will usually be eligible for workers’ compensation benefits. Workers’ comp will cover the costs of medical treatment for an injury, and a person may also be able to receive disability benefits if their injury has caused them to be temporarily unable to work or has permanently affected their ability to earn an income. While workers’ compensation covers all injuries that occur during or arise out of a person’s employment, there are some cases where employers or insurance companies attempt to deny a workers’ comp claim based on a person’s pre-existing condition. In these cases, injured workers will want to understand their rights and determine how they can receive the benefits they deserve.

Workers’ Comp Coverage for Aggravation of Pre-Existing Conditions

When a person suffers an injury while at work, they are entitled to receive workers’ compensation benefits if the injury arose out of their employment. In some cases, workers’ comp claims may be denied on the basis that a person had a pre-existing condition, and an employer or their insurer may claim that the injury did not occur because of the work that a person performed, but was solely caused by their existing medical conditions.

Workers should understand that even if they had a pre-existing condition, they will be eligible for workers’ compensation benefits if they suffered a new injury while working. These injuries may include the aggravation of any existing medical issues. For example, a person with degenerative disc disease may experience a worsening of this condition after lifting heavy objects at work. Even though they already had a known medical condition, an injury that required additional medical treatment or affected a person’s ability to work will be covered by workers’ comp.

For most people, the death of a loved one is among the worst things that could happen to them. While all deaths are tragic, a situation can be especially difficult if a person was killed because someone else acted negligently, recklessly, irresponsibly, or with the intent to cause harm. In these types of cases, family members will not only struggle with the grief that comes from having a loved one taken away too soon, but they may also experience financial difficulties that affect their ability to provide for themselves. Fortunately, by working with an attorney, a person’s family members can pursue compensation through a wrongful death lawsuit.

Wrongful Death Damages

A deceased person’s surviving family members or the personal representative of their estate can pursue a wrongful death lawsuit. The damages recovered through this type of lawsuit are for the exclusive benefit of the deceased person’s surviving spouse and next of kin. These damages may include:

• Lost income - If the deceased person earned income that was used to provide for their family’s ongoing expenses, their family members may receive compensation that addresses the loss of this income. In addition to the wages or salary that the person would have earned, damages may also address other forms of compensation, such as health insurance coverage or retirement benefits.
• Medical expenses - Prior to their death, a person may have needed extensive medical care, including emergency treatment, hospitalization, or surgery, and this may have resulted in large medical bills for their family. Compensation in a wrongful death lawsuit can ensure that all of these expenses will be fully paid.
• Pain and suffering - The deceased person may have experienced a great deal of physical and emotional pain before their death, and compensation may address this trauma. Family members may also receive compensation for their own grief, sorrow, and emotional trauma or mental anguish.
• Loss of society or companionship - A deceased person’s loved ones may be compensated for the loss of the relationship they would have had with their loved one throughout the rest of their natural life, and damages may address the love and support the deceased person would have offered to their spouse or the instruction and guidance they would have provided for their children.
• Funeral expenses - A family or the estate of the deceased person may be compensated for all reasonable expenses related to their funeral and the disposition of their remains, including the costs of a coffin or cremation urn, a cemetery lot, and a gravestone or other burial monument.
• Punitive damages - If the defendant caused the person’s death through knowingly reckless, malicious, or intentional actions, these types of damages may be ordered as a method of punishment.

Contact Our Aurora Wrongful Death Attorneys

At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you pursue a wrongful death lawsuit and recover compensation for all of the ways you have been affected by your loved one’s death. To arrange a free consultation, contact our Kane County wrongful death lawyers today by calling 630-907-0909.

Of all the different types of car accidents, rear-end collisions often seem like the least serious, especially when compared to high-speed head-on collisions or T-bone accidents. In many cases, being rear-ended will result in damage to a vehicle while leaving a driver or their passengers unscathed. However, these collisions are rarely harmless, and in some cases, they can lead to serious injuries that can affect a person’s long-term health. Victims of rear-end collisions will want to get legal help from an attorney to determine how they can receive financial compensation to address their damages.

Potential Injuries in Rear-End Collisions

When a car or truck is struck from the rear, people inside the vehicle can suffer a strong jolt, and this can result in injuries such as:

• Whiplash - A person’s head may snap back and forth suddenly due to the impact of another vehicle. This can cause damage to the vertebrae in the neck, and the neck’s muscles, ligaments, and tendons may also be injured. In more minor cases, this may cause a person to experience stiffness in the neck and loss of range of motion, but more serious whiplash injuries can lead to symptoms such as dizziness, blurred vision, headaches, or tingling or numbness in the arms, hands, or other extremities. These symptoms can persist for months or years after the initial injury occurred.
• Traumatic brain injuries - If a collision causes a driver or passenger to strike their head on a headrest, the dashboard, or other objects in the vehicle, this can result in brain trauma. In mild cases, a person may experience headaches, temporary memory loss, confusion, or issues with balance and coordination. In moderate or severe cases, a person may experience permanent memory loss, speech disorders, personality changes, mood disorders, sensory issues, sleep disorders, or seizures. In many cases, symptoms of a brain injury may not appear until days or weeks after an accident.
• Broken bones - A driver may suffer fractures in their arms if a collision took place while they had their hands on the steering wheel, or a vehicle’s occupants may suffer other types of fractures due to the impact. Depending on the location and severity of the fracture, a person may suffer temporary or permanent loss of function in the parts of their body that were affected.
• Sprains or dislocations - The forces applied to a person’s body in a collision may cause unnatural motion of their limbs, which may lead to dislocated or sprained joints. In addition to receiving emergency medical treatment, a person may require ongoing treatment and physical therapy before they can regain full function in the parts of the body that were injured.

Contact Our Kane County Rear-End Accident Attorneys

Usually, rear-end collisions are caused by the negligence of the driver who struck another vehicle from behind. A driver may be at fault if they were speeding, tailgating, talking on a cell phone, or acting in other ways that put you at risk of injury. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you demonstrate fault for a rear-end accident, and we will work to make sure you receive the financial compensation you need and deserve. Contact our Aurora rear-end collision lawyers at 630-907-0909 to arrange your free consultation.

There are a variety of ways that negligence by truck drivers or trucking companies can lead to dangerous truck accidents. While some collisions are caused by a driver’s negligent operation of a truck, such as by speeding or driving while drowsy, others may occur because of the way cargo was loaded or secured. In these cases, multiple parties may be liable for injuries suffered by the drivers or passengers of other vehicles, and these parties may include a driver who did not ensure that cargo was properly secured on their truck, the trucking company that employed the driver, a company that was responsible for loading cargo on a truck, or the manufacturer of defective cargo securement devices.

Cargo-Related Safety Issues That Can Cause Truck Accidents

There are multiple ways that improper loading of cargo can lead to accidents and injuries, including:

• Unbalanced cargo - Items should be properly distributed throughout a truck’s cargo area. If cargo is not loaded properly, the truck’s weight distribution may place too much pressure on one axle, which can affect the traction of the tires or lead to other issues that make it more difficult for the driver to control their vehicle.
• Shifting cargo - Items that are not tied down properly or secured within a truck’s cargo area may move around during transit. This can throw off the vehicle’s balance and cause a driver to lose control, especially when traveling at high speeds.
• Overloading - Trucks have strict weight limits, but in some cases, trucking companies may disobey these limits in hopes of delivering more items in a single trip. Trucks with heavier loads will take longer to slow down and stop, and this may result in rear-end collisions. Overloaded trucks may also be top-heavy, increasing the risks of rollover accidents.
• Falling cargo - If cargo is not properly secured, or if straps or other devices break during transit, items may fall from the truck. Cargo that lands on another vehicle can seriously injure drivers or passengers, or items that fall into the road can create dangerous obstacles, and collisions may occur when other vehicles swerve or slow down suddenly.

Contact Our Aurora, IL Truck Accident Attorneys

If you have been injured in a motor vehicle collision involving a tractor-trailer truck, the attorneys of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can determine whether your injury was caused by cargo that was not properly loaded or secured. We will investigate the circumstances of your accident, identify all liable parties, and help you take legal action to recover financial compensation. Contact our Kane County truck crash lawyers at 630-907-0909 to schedule a complimentary consultation today.

Serious injuries can have a long-lasting or permanent impact on a person’s life, and in some cases, they can affect a person’s ability to work. Fortunately, those who suffer these types of injuries while on the job have the right to receive workers’ compensation that will cover the costs of their immediate and ongoing medical care and provide disability benefits to address their loss of income. For those who have suffered injuries that will permanently affect their health and well-being and their ability to work, different types of permanent disability benefits are available. Permanent partial disability (PPD) benefits will cover situations where a person is able to return to work, but their injuries have limited the income they are able to earn or have permanently damaged parts of their body.

Types of Permanent Partial Disability Benefits

A worker may suffer a permanent partial disability (PPD) if they completely lost a part of their body through amputation, completely or partially lost the use of one or more parts of their body, or lost partial use of their entire body. Being unable to perform activities or work-related tasks that a person could do previously is considered a loss of use. PPD benefits will usually be calculated using the person’s average weekly wage (AWW) that they earned during the 52 weeks before their injury.

Before a person can receive PPD benefits, they must reach a condition of “maximum medical improvement” (MMI) in which any further treatment would not impact their ability to work. At this point, they may be eligible for one of the following types of benefits:

Serious injuries can occur in multiple different types of situations, ranging from car accidents to construction accidents or slip-and-fall accidents, and much more. While many injuries are evident at the time that an accident took place, others may not always be immediately obvious. Traumatic brain injuries (TBIs) often fall into the latter category, and the symptoms of these injuries may not become evident until days, weeks, or even months after the original incident. However, brain injuries can affect a person’s health and well-being for years, and in some cases, they can even lead to permanent impairment. Victims of these types of injuries should be sure to understand how they have been affected and how they can pursue compensation that will address the harm they have suffered.

Long-Term Brain Injury Symptoms

Concussions or other brain injuries that are classified as mild will usually only have short-term effects, and a victim will often recover within a few weeks. The effects of moderate or severe TBIs, on the other hand, may persist for years to come or even the rest of a person’s life. The long-term issues that a victim may experience include:

• Motor deficits - A person may have difficulty controlling their muscles or performing fine motor skills. They can also suffer issues with dizziness, balance, and coordination, which can affect their mobility and make it difficult or impossible to perform daily tasks at work or at home. In serious cases, a person may suffer partial or complete paralysis in parts of their body.
• Pain - Victims may suffer from chronic headaches and migraines, and in some cases, the pain increases over time.
• Sleep disorders - Many TBI victims experience extreme fatigue, and this issue may be compounded by insomnia or other issues that cause them to be unable to get enough sleep.
• Sensory problems - Some victims have difficulty processing information from their senses of sight, hearing, touch, smell, and taste, leading to sensitivity to bright lights, loud noises, or strong smells. A person may also experience issues such as blurred vision, double vision, difficulty judging distances, or partial or complete blindness, as well as loss of hearing or a ringing in the ears.
• Cognitive issues - A person may experience memory loss, confusion, delays in processing thoughts or information, or difficulty focusing and concentrating. Victims may also find themselves easily distracted, or they may struggle with complex functions such as planning and taking appropriate actions.
• Emotional and behavioral effects - Victims may struggle with depression, anxiety, irritability, and mood swings. They may also experience a lack of motivation or decreased inhibitions.
• Speech and language problems - Some victims have difficulty understanding spoken or written words, or they may struggle with slurred speech or be unable to express their thoughts clearly.
• Seizures - A person may experience post-traumatic epilepsy, putting them at risk of seizures that can affect their life and health for years to come.

Contact Our Aurora Brain Injury Lawyers

If you or a member of your family have suffered brain injuries in a car accident or another situation where someone else was at fault, the lawyers of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you take legal action to recover financial compensation. We will work to make sure you will have the resources you need to address immediate and ongoing medical treatment, disabilities that may affect your ability to earn an income, and your physical and emotional pain and suffering. Contact our Kane County traumatic brain injury attorneys at 630-907-0909 to set up a complimentary consultation.

UPDATE: Defective medical devices continue to affect many patients in the United States, and hundreds of products are recalled each year because they present safety issues. Some types of medical products that have caused injuries to patients in recent years include:

• Artificial joints - Some hip replacements or other joint replacements have used metal-on-metal components. The regular friction that occurs when a person moves these joints may cause these components to break down. When this happens, metal fragments may enter a person's bloodstream and perforate blood vessels or internal organs. Metal components may also corrode, leading to dangerous infections or the release of toxic substances into a person's body.
• Blood clot filters - These small metal devices have been used to stop blood clots from causing damage to the lungs or brain. However, they have been found to break down, causing sharp metal fragments to travel through the bloodstream, which may lead to organ injuries or dangerous internal bleeding.
• Warming blankets - Heated blankets are sometimes used during surgery to help a patient maintain their body temperature. Some blankets circulate warm air, but this has been found to increase the risks of infection due to the spreading of harmful viruses or bacteria.

When patients are injured or killed by defective medical products, the manufacturer of a dangerous device should be held responsible. A skilled Aurora product liability lawyer can help victims and their families determine their best options for pursuing financial compensation for injuries or the loss of a loved one.

When a person is injured, ill, or otherwise in need of medical care, he or she expect that the equipment used to treat them is reasonably safe. Unfortunately, this is not always the case. In fact, the number of defective medical device recalls has risen sharply over the last several years. Even more concerning is the risk that those defective devices pose to the general public: an undisclosed, often unpredictable risk of serious injury and/or wrongful death.

Alcohol and driving do not mix well, and every driver learns about the dangers of drunk driving and the consequences they can face if they are arrested for driving under the influence (DUI). However, in addition to alcohol, there are many other substances that can affect a person’s ability to drive safely. When drivers cause car accidents due to intoxication by legal or illegal drugs, victims may be able to hold them liable for their negligence.

Dangers of Drugged Driving

In Illinois, as in most other states, a driver may be charged with DUI if they have a blood alcohol content (BAC) above the legal limit of .08%. While marijuana has been legalized in the state for adults over the age of 21, DUI charges may also apply if a test finds that a driver had at least five nanograms of THC per milliliter of blood or 10 nanograms of THC per milliliter of a substance such as saliva or urine.

In addition to alcohol and marijuana, a driver may become intoxicated through the use of illegal drugs, prescription medications, or a combination of drugs and other substances. DUI charges may apply if a person drives after using any substances or combination of substances that make them incapable of driving safely. For example, prescription opioids can cause drowsiness and lethargy, or illegal drugs such as cocaine or methamphetamines can cause a person to act aggressively and recklessly. Even drugs that would not normally cause a person to be intoxicated, such as anti-anxiety drugs or over-the-counter cold medicines, can impair a person’s driving ability when combined with alcohol or other drugs.

For those who are injured while on the job, workers’ compensation benefits can be crucial. Medical benefits will cover the costs of all treatment related to an employee’s injury, and wage benefits will provide compensation for the loss of income due to a temporary or permanent disability. However, even though employees are eligible to receive these benefits following any work-related injuries, whether they or their employer were at fault, some employers or their insurance companies deny workers’ comp claims. This can cause a great deal of financial difficulty for a person, since they may be unable to pay their medical expenses, especially if they are unable to work while recovering from their injury. Fortunately, employees who have been denied benefits can file a claim through the Illinois Workers’ Compensation Commission (IWCC) and take steps to receive the benefits they deserve.

The IWCC Claims Process

An employee who has been denied workers’ comp benefits can begin the claims process through the IWCC by submitting an Application for Adjustment of Claim. A claim must be filed within three years after an injury occurred or within two years after the employee last received payment for medical bills or Temporary Total Disability (TTD).

After a claim is filed, the IWCC will assign an arbitrator to the case. Every three months, a status call will be scheduled, and either party may ask for a hearing to be held to review the case. In most cases, an employee must reach “maximum medical improvement” before the arbitrator can make a decision, although an emergency hearing may be necessary if an employee needs immediate assistance with medical bills or disability benefits.

Construction sites can be dangerous places due to the use of large, heavy equipment and materials and multiple people performing different tasks at once. When working in one of these areas, it is important to follow the proper safety procedures. However, even if employers and workers take precautions, construction accidents can still occur due to defective tools or equipment. People who have been injured because these types of items did not function properly may be able to pursue a product liability lawsuit against a manufacturer or a company that did not follow the correct practices when performing maintenance.

Common Issues with Defective Tools

While any tool that fails can present hazards, some types of tools are more likely to cause serious injuries when they malfunction. These include:

• Ladders and scaffolding - When these items break, those who are using them can suffer fall injuries, which may include traumatic brain injuries, spine injuries, or broken bones. Hand tools or materials that fall from defective ladders or scaffolds can also injure the people walking or working below.
• Fall prevention equipment - Harnesses, safety straps, or safety nets may be used to protect those who are working in high places. Other types of safety devices, such as protective railings or barriers, may prevent people from falling in holes or off the edges of a roof or upper floor. If these devices break or otherwise fail, they may be unable to prevent dangerous fall injuries.
• Power tools - Electrical equipment such as drills or nail guns can cause electrocution injuries or fires if they are not wired properly. In some cases, defects in these tools can send projectiles flying that can cause injuries to the tool’s user or others working nearby.
• Heavy equipment - Defects in large pieces of equipment, such as cranes, excavators, or cement mixers, may cause drivers or operators to lose control and roll over a person or strike someone with moving parts. Parts failure could also cause these pieces of equipment to tip over and crush workers or damage the structure of a building, leading to further injuries.

Contact Our Aurora Construction Accident Lawyers

If you have been injured while working at a construction site, the lawyers of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can investigate your case and determine whether defective tools or equipment were to blame. In addition to helping you file a workers’ compensation claim, we will make sure you understand your options for pursuing a third-party product liability lawsuit against the manufacturer of defective equipment. To learn more about how we can help with your case, contact our Kane County construction site injury attorneys at 630-907-0909 and schedule a free consultation today.

When you visit a doctor, you expect them to properly evaluate your physical condition, listen to your concerns, and determine the best course of treatment to address any issues that affect you. However, if a doctor does not properly assess your condition and identify diseases or other issues that may impact your health and well-being, you may not be able to receive the proper treatment within the right amount of time. In some cases, doctors may misdiagnose a condition, or they may not make the correct diagnosis in time to provide the necessary treatment. This form of medical malpractice is much more prevalent than many people would expect; around 12 million people are misdiagnosed every year in the United States, and one out of every three cases involving misdiagnosis result in serious injuries or wrongful death.

Reasons for Misdiagnosis and Delayed Diagnosis

When a patient is misdiagnosed, they may suffer harm not only because their condition goes untreated, but because they undergo unnecessary treatments that could have a negative effect on their overall health. Delayed diagnosis can also result in serious injuries due to the lack of treatment. For instance, a delayed cancer diagnosis may result in the cancer spreading beyond the point where it can be addressed through treatments such as chemotherapy, radiation therapy, or surgery.

There are multiple reasons why a patient’s condition may not be diagnosed correctly, including:

Over the past decade, Amazon has skyrocketed from a small online forum for third-party vendors to the nation’s largest online retailer. Their cardboard boxes adorned with a smile-shaped arrow are delivered to billions of houses across the world on a daily basis. Consumers typically turn to Amazon as a one-stop-shop that offers cheaper products and quick shipping. With the high volume of packages that are delivered each day, some of the products are bound to be faulty—even Amazon can’t be perfect. But what happens when these quick-shipped, defective products lead to serious injuries? Will Amazon take the blame or leave you empty-handed?

Groundbreaking California Case

One woman's battle with Amazon began back in 2016 when her recently purchased laptop battery exploded and left her with third-degree burns on her arms, legs, and feet as well as damaging her San Diego apartment. In the five years since the incident, the victim has had skin graft surgery to repair the scars that the $12.30 replacement battery left behind, and pursued a product liability case to hold Amazon accountable. The woman is not the first, and certainly not the last, person to be injured by products sold by the global enterprise. However, a California state appeals court ruled that Amazon can be held liable for defective products sold on their site this past August.

Amazon’s responsibility for the defective product may seem like a no-brainer — they did sell the woman the dangerous battery. However, the company has repeatedly come away scot-free from cases like this one. Amazon’s core defense against complaints like this one is simple: the company is an online marketplace facilitator that helps manufacturers connect with customers on a global scale, not a distributor or retailer that is subject to product liability law. A trial judge initially ruled Amazon to be dismissed from the liability case, but after the victim appealed the ruling, the appellate court reversed this decision.