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Recent blog posts

Suing a Third Party for a Workplace InjuryThe Illinois Workers’ Compensation Act was created in part so that injured workers would not need to file personal injury lawsuits against their employers. As long as the employer has workers’ compensation insurance, the employer can cover the worker’s medical expenses without a direct cost to itself. By collecting the workers’ compensation benefits, the worker is not allowed to sue the employer for additional damages. However, an injured worker can file a personal injury lawsuit against a third party who was responsible for the injury. The worker may seek the damages in addition to his or her workers’ compensation.

Benefits of Lawsuits

Workers’ compensation benefits are meant to pay for the medical expenses needed for a worker to reach maximum medical improvement. Workers may also be compensated for lost pay if they are disabled and unable to fully return to work. Workers can receive greater compensation with a personal injury lawsuit because they can also request money for:

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Winter Puts Pedestrians in Peril of Vehicle AccidentsPedestrians and drivers, alike, need to be aware of each other during winter weather. Each tends to focus on navigating snow and ice accumulations to avoid their own accidents. While distracted, they may not see each other until it is too late to avoid a collision. It is necessary for both sides to use greater caution during the winter in order to prevent a pedestrian injury.

Sidewalks and Streets

Illinois law states that pedestrians may not walk along the side of the road if there is an available sidewalk. However, snow can pile up on sidewalks because of a property owner not clearing it or a plow truck pushing snow from the street and onto the sidewalk. If the sidewalk is impassable, the pedestrian may need to walk in the street to continue forward. Pedestrians are instructed to stay on the edge of the road, so as to avoid vehicles. In this scenario, determining fault after a vehicle-pedestrian accident can vary:

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Illinois Supreme Court Overturns Law on Weapons Possession Near Public ParksIn the interest of public safety, Illinois restricts the areas in which people are allowed to carry weapons. Police may arrest a person who caught in possession of a weapon within 1,000 feet of a:

  • School;
  • Public park;
  • Courthouse;
  • Public transportation facility; or
  • Public housing complex.

It is a class 3 felony to carry a firearm near any of these locations unless the firearm is dismantled or unloaded and in a case. Allowing laws such as this must be weighed against a person’s constitutional right to carry a weapon for self-defense. The Illinois Supreme Court recently ruled that the weapons ban for 1,000 feet around a public park is unconstitutional.

Recent Case

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Children Are Priority in Child Support Modification ArgumentsWhen you request to have your monthly child support payments reduced, your co-parent may portray your decision as being selfish. However, caring about the well-being of your children is separate from making sure you are paying an appropriate amount of child support. Courts allow you to modify your child support agreement because circumstances can change for both parents. You may believe that your co-parent is the one being selfish because he or she only cares about getting the maximum amount of money from you. However, your co-parent may be genuinely concerned about being able to provide for your children. During a child support modification dispute, parents should understand that they both likely have their children’s best interests in mind.

Two Sides

It is possible for both parents to have legitimate financial concerns when it comes to modifying child support payments:

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Illinois Workers' Compensation Claims Likely Limited to Amount NeededThe Illinois Workers’ Compensation Commission created fee schedules in order to establish the maximum amount of money that may be awarded for different medical expenses in a workers’ compensation claim. The commission determined the maximum amounts by using the fees that were in the 80th percentile for a medical service and taking 90 percent of that amount. The fee schedules are divided into geographic regions and annually updated based on the Consumer Price Index. Categories of medical expenses include:

  • Procedures and treatments;
  • Hospital inpatient and outpatient fees;
  • Emergency room fees;
  • Rehabilitation services;
  • Medical prescriptions;
  • Dental services; and
  • Professional services.

Though fee schedules establish how much a workers’ compensation claimant may receive, the IWCC is unlikely to award more than what is needed to pay for a claim.

Recent Case

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