970 McHenry Avenue, Crystal Lake, IL 60014
Search
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in Illinois law

Teen Suicide Prompts Illinois to Change Procedure for Juvenile InterrogationsMost teenagers cannot help but feel intimidated when a police officer questions them. They may not understand that being detained and interrogated is different from being arrested and charged with a crime. On the other side of the interrogation, a police officer may not appreciate the trauma that a teenager may experience after being questioned about a serious crime. In 2017, a 16-year-old high school student in Naperville, Illinois, committed suicide after a school resource officer had detained him for questioning at the school over an alleged recording of a sexual encounter. The teen’s parents were not aware of the allegations or the police questioning until after the teen took his own life. In response to this incident, Illinois recently enacted a new law that changes the procedure for police questioning a student on school grounds.

Parental Notification

A law enforcement officer who suspects a student younger than 18 of committing a crime must comply with the following steps if they intend to detain and question them on school grounds:

  • They must notify or attempt to notify the student’s parents or guardian;
  • They must try to allow a parent or guardian to attend the questioning;
  • If a parent or guardian is unavailable, they must allow a mental health professional to attend, such as a school psychologist or social worker; and
  • If reasonable, they must try to include a law enforcement officer who is trained in communicating with youth.

The law states that its rules apply when a student is on school property during regular school hours and when students are present.

...

Will a Positive Drug Test Sink Your Workers’ Compensation Claim?A workers’ compensation insurance company will search for reasons that they can deny your claim, including blaming your conduct for your injury. That is why some employers will ask you to submit to a drug test after an injury. According to the Illinois Workers’ Compensation Act, an employee is ineligible for workers’ compensation benefits if their intoxication was the proximate cause of their injury. You can still qualify for workers’ compensation benefits if you failed a drug test, but you will have to prove that your injury was unrelated to the intoxicating substance in your body.

Drug Testing

In September 2011, Illinois changed its burden of proof for intoxication claims in workers’ compensation cases. Previously, employers had to prove that an employee was intoxicated and that the intoxication caused the injury. Now, employees who test positive for drugs bear the burden of proving that they were not intoxicated or that whatever effect the drug had on them did not cause their injury. According to state law, employers can use results from a blood, urine, or breath test as evidence of the presence of:

  • Alcohol;
  • Cannabis;
  • Controlled substances; and
  • Intoxicating compounds.

Intoxicating compounds are otherwise legal substances that can cause intoxicating effects, such as huffing chemicals. The law presumes that you were intoxicated if you refuse a drug test after your injury.

...

When Are Schools Liable for Children’s Injuries?Parents send their children to school with the expectation that they will be safe, but accidents occur that may result in a child being injured. When the injury requires extensive medical treatment, you should investigate whether you have a strong case for filing a personal injury lawsuit against the school. School districts in Illinois are required to carry insurance in case they are found liable for a student’s injury. In many situations, Illinois law protects school districts against parents filing personal injury lawsuits unless they can prove willful or wanton conduct by the district or its employees.

Plaintiff’s Burden

Illinois’ Local Governmental and Governmental Employees Tort Immunity Act creates a high burden of proof when plaintiffs file personal injury lawsuits against public entities, such as public school districts. Student injuries are most likely to occur during recess periods, physical education classes and extracurricular athletics. The law states that a school district is not liable for injuries that occur on properties that are meant for recreational activities unless the injury was caused by willful or wanton conduct, which is:

  • Intent to cause harm; or
  • Conscious disregard for safety.

Willful or wanton conduct is a stricter burden of proof than negligence because it requires proving the defendant’s intent. It is unlikely that a school or its employees would intend to injure a student. Showing that the school was ambivalent towards its students’ safety is more likely but still difficult.

...

Employees in Illinois Cannot Waive Right to Workers’ CompensationIllinois law requires all employers in the state to carry workers’ compensation insurance – even if they have only one employee or part-time employees. The only businesses that can choose to waive the workers’ compensation requirement are those whose only employees are a sole proprietor, business partners or corporate officers. The state can fine an employer and its corporate officers $500 per day if they knowingly fail to have workers’ compensation insurance. Despite the state’s strict requirements, some employers lead their employees to believe that they cannot or should not file a workers’ compensation claim. As a worker, you should watch for tactics that your employer may use to discourage you from exercising your right to benefits after a workplace injury:

  1. Illegal Contracts: An employment contract is not allowed to include a section stating that you agree to not file a workers’ compensation claim in the event of an injury. Mediation with your employer is not a replacement for a workers’ compensation claim. If you notice such a provision in your employment contract, you should contact an attorney to confirm that it is illegal and bring it to the attention of your employer. Even if you have already signed the contract, your employer cannot enforce an agreement to forgo workers’ compensation.
  2. Waivers: Employees cannot waive their right to workers’ compensation, whether it is voluntary or at the employer’s suggestion. Illinois employees are entitled to workers’ compensation benefits in exchange for not filing personal injury lawsuits against their employers. If someone gives you a workers’ compensation waiver form, you should recognize that it is not a legally enforceable document.
  3. Intimidation: Employers are prohibited from retaliating or discriminating against employees who file workers’ compensation claims. Victims of retaliation can file lawsuits against their employers and recover damages. However, some employers use actual or implied threats of retaliation in order to intimidate employees. You should not let a fear of retaliation prevent you from filing a workers’ compensation claim.

Contact a Crystal Lake Workers’ Compensation Lawyer

Some employers take advantage of their employees’ lack of knowledge about workers’ compensation laws by using deceptive practices to discourage employees from filing claims. The employers know they cannot enforce a contract that prevents you from filing a claim, but they hope that you will give up without testing whether the contract is legal. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, will stand up to employers and insurance companies that are trying to deny your injury benefits. To schedule a free consultation, call 815-338-3838.

Source:

...

New Law Ends Statute of Limitations on Sexual AssaultIllinois has amended its criminal code in order to remove the statute of limitations on prosecutors filing sexual assault charges. The law previously required that prosecutors commence sexual assault charges within 10 years of the alleged offense. Now, the law simply states that sexual assault charges may be commenced at any time. Advocates for the new law argue that sexual assault victims may have personal reasons why they wait years to tell authorities about their assault. Illinois made a similar law change in 2017 for sexual assault cases involving minors. Those accused of committing sexual assault should understand that this new law does not change the prosecution’s burden to prove the crime.

Definition and Defenses

Illinois defines criminal sexual assault as any non-consensual sexual contact or penetration with a victim. If the party does not actively rebuke the sexual contact, they may still be unable to consent if they are incapacitated, inebriated, underage, mentally disabled, or facing the threat of violence. A first-time conviction for sexual assault is a class 1 felony, punishable by four to 15 years in prison. Defendants can use several arguments to contest the charge:

  • The sexual assault did not occur or the defendant was not involved;
  • The alleged victim’s testimony is inaccurate or unreliable;
  • The sexual contact was consensual; or
  • The defendant has or had a mental condition that makes them not responsible for their actions.

DNA evidence of sexual intercourse can strengthen the prosecution’s case but may not be the deciding factor. The believability of each side’s story and testimony from witnesses will help a court determine whether it is likely that a sexual assault occurred.

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top