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Temporary Workers Have Right to Workers' CompensationTemporary workers do not receive all of the benefits that regular employees enjoy but are still entitled to workers’ compensation benefits when they are injured on the job. Unfortunately, some employers will tell temporary workers that they are ineligible for workers’ compensation because of the nature of their employment. Temporary workers who believe workers’ compensation is not an option may be stuck with large medical debts or decline helpful medical treatments in order to save money. The company that employs and pays a temporary worker is responsible for providing workers’ compensation insurance.

Injury Risk

Temporary workers regularly suffer workplace injuries, despite working at a place for only a limited time. There are several reasons that temporary workers can be at greater risk of injury than other workers:

  • Temporary jobs often involve heavy and sometimes dangerous labor;
  • The employer may be using temporary workers because regular employees will not take on the risky work;
  • Temporary workers are unfamiliar with the work environment and may not receive on-site training;
  • Temporary workers may be less experienced at the job than regular workers; and
  • Temporary workers have less confidence in citing safety concerns because of the tenuous nature of their employment.

Responsible Employer

A temporary worker has the right to file for workers’ compensation and receive medical benefits and payment for lost time. The staffing agency that placed the worker is likely the party responsible for the workers’ compensation insurance. The company where a temporary employee goes to work is a third-party client of the staffing agency. In many cases, the staffing agency pays the temporary workers instead of the client, making them employees of the staffing agency.

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Strict Interpretation of Snow Removal Law Benefits Injury PlaintiffsThe legal distinction between a sidewalk and other walking surfaces may determine the success of your personal injury case. The Illinois Snow and Ice Removal Act states that property owners who remove snow from sidewalks abutting their properties are not liable if someone is injured because of icy conditions created by the snow removal. This legal immunity makes it difficult for people to receive personal injury compensation when they slip and fall because of an untreated accumulation of ice. However, some Illinois courts strictly interpret the law as applying only to sidewalks and not other paved surfaces.

Liability Standard

Illinois law does not require property owners to clear the snow off of their walkways or hold them liable for personal injuries on their property caused by a natural accumulation of snow or ice. Before the Snow and Ice Removal Act, personal injury victims could claim that property owners who cleared snow from their sidewalks created an unnatural accumulation of snow. The melting snow piles caused icy conditions on sidewalks. The Snow and Ice Removal Act changed the liability standard, and property owners are now liable only if:

  • They willfully or wantonly created the hazardous condition; or
  • Negligence in the condition of the property caused an unnatural accumulation of snow or ice.

Thus, property owners are not liable for the melt off from a pile of snow they have created, but they may be liable if a malfunctioning gutter system caused the ice accumulation.

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Possessing Party Drugs Has Serious Criminal PenaltiesHalloween is one of the most popular party nights of the year for young adults. Before you attend this year’s bash, you should be aware of the possible criminal consequences of being caught with illegal drugs. Possession of party drugs such as hallucinogens is a felony that could result in prison for a first offense. Even if you keep yourself clean, you risk arrest by associating with people who have the drugs.

Legal Penalties

The U.S. Drug Enforcement Agency classifies party drugs, such as ecstasy or LSD, as Schedule 1 drugs, meaning that they have a high potential for abuse and no approved medical use. Illinois’ criminal penalties for possession of a party drug become more severe depending on how many doses you possessed:

  • Possessing 15 or fewer doses is a class 4 felony, with a possible prison sentence of 1 to 3 years;
  • Possessing 16 to 200 doses is a class 1 felony, with a minimum of 4 years and a maximum of 15 years in prison; and
  • Possessing more than 200 doses is still a class 1 felony, but the minimum and maximum prison sentences increase.

Law enforcement considers party drugs to be particularly dangerous because users often do not know what ingredients are in the drug. Combining the drugs with alcohol consumption can increase the health risk for users. Some people use party drugs to sedate victims in cases of sexual assault.

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Pets Are More Than Property in Illinois DivorceMarried couples think of pets as being more like family members than property. For a couple without children, a dog or cat could fill the role of a child in a family. However, Illinois divorce law once considered pets to be marital properties more on the level of inanimate objects. A new law enacted at the beginning of 2018 changed that assumption so that pets are treated more like children. Illinois courts now recognize pet custody agreements and consider the well-being of the pet when determining which party will keep it.

Classifying Pets

The law still defines pets as assets but says that a divorce court can award sole or joint ownership of and responsibility for a pet from a marriage. To determine whether the law applies to your pet, you must answer two questions:

  • Is your pet a marital or non-marital property?; and
  • Is your pet a companion animal or service animal?

When you first got the pet can determine whether it is a marital property. A pet may be a non-marital property if one of you owned the pet before the marriage. If you got the pet during your marriage, then it is most likely a marital property. A service animal, such as a seeing-eye dog, will stay with the spouse that it is meant to assist. The law does not define a companion animal, but it is assumed in this case to be any pet that is not a service animal.

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Four Work Hazards for Healthcare ProfessionalsThe healthcare profession has one of the highest rates of workplace injuries among any industry in the U.S. Employees regularly perform physical labor and are exposed to hazardous substances and conditions. All employees are at risk of injury or illness when working at a hospital, whether they are doctors and nurses or the support staff. As with any industry, healthcare professionals are entitled to workers’ compensation if they suffer a work-related injury. Here are four common causes of workplace injuries for healthcare workers:

  1. Handling Patients: Nurses and attendants suffer musculoskeletal injuries at a higher rate than the workers in other industries, including construction workers. Nurses often need to carry, move, or reposition patients who are incapable of doing so themselves. The increasing rate of patient obesity makes moving them more difficult. Nurses can suffer shoulder and back injuries because of the repeated strain and fatigue of moving patients. Some nurses are compelled to change careers because their bodies cannot handle the strain.
  2. Slipping: Slips, trips, and falls are the second-most-common cause of injuries for healthcare workers, after overexertion. Cleanliness is important in a healthcare environment, but workers can accidentally spill liquids or powders, which may create a slippery surface. Hospitals are filled with equipment that busy workers can accidentally walk into or trip over. The equipment may cause further injury if an employee falls onto it.
  3. Exposure to Illness and Hazardous Substances: Healthcare workers often interact with patients who have infectious diseases. Their work may also require them to handle hazardous chemicals or radioactive materials. Wearing protective clothing and frequent sanitization reduces the risk of exposure but does not eliminate it. Employees can develop chronic illnesses from their exposure, which limits their ability to work and decreases their quality of life.
  4. Workplace Violence: Patients who are sick or injured may behave violently towards the healthcare professionals who are trying to help them. Sometimes, a patient’s threat of violence becomes a physical attack. The Occupational Safety and Health Administration recognizes workplace violence as a hazard in the healthcare industry and encourages employers to create a violence prevention program to protect their employees.

Caring for Healthcare Workers

Your work-related injuries can make you less effective in helping your patients and put you at risk of further injury if not properly treated. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, can help you receive workers’ compensation benefits by showing that your injury is related to your work. To schedule a free consultation, call 815-338-3838.

Source:

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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