Posted: April 24th, 2012
The Illinois Legislature recently amended the Illinois Workers Compensation Act. The majority of the changes to the Act became effective as of September 1, 2011, and apply to any work accidents that occur after that date. Three specific changes to the Act will directly affect an injured workers’ permanency benefit.
First, Illinois will now utilize AMA guidelines as one of several factors used to determine the value of permanent partial disability. The guidelines will define, among other things, loss of range of motion, loss of strength and any other measurable information that may assist in determination of the nature and extent of the disability. In addition to the AMA guidelines, the Illinois Workers’ Compensation Commission will consider the injured employees’ occupation, age at the time of injury and future earning capacity in determining permanency.
The second change affecting permanency applies to all individuals with hand injuries and, in particular, those claiming carpel tunnel syndrome. Section 8(e)(9) of the Act has been amended to reduce the maximum number of weeks for a hand injury to 190 (from 205). Additionally, a permanency claim based on carpal tunnel syndrome will be capped at 15% loss of use of the hand (28.5 weeks). If the employee can show additional disability by “clear and convincing evidence” the employee can receive up to 30% loss of use of the hand (57 weeks).
Finally, an employee who has permanent restrictions as a result of the work injury and is unable to return to their prior employment will only be entitled to wage differential benefits until age 67, or five years from the date of the award, whichever is longer. This represents a significant change in the Act as the law previously allowed the injured employee to collect wage differential benefits for life.
If you have questions regarding the recent changes to the Illinois Workers’ Compensation Act or any aspect of your workers’ compensation claim please feel free to contact the attorneys at Noonan, Perillo, Polenzani & Marks, Ltd., at (847) 244-0111.
Author: admin | Filed under: Workers Compensation | No Comments »
Posted: September 5th, 2011
Many employees injured in Illinois are unaware of their right to workers’ compensation benefits. While some employers begin providing benefits to workers injured on the job, they often do not inform them of their rights under the Illinois Workers’ Compensation Act and have no legal obligation to do so.
If you get hurt while in the course of your employment in Illinois, you are generally entitled to three benefits. The first benefit is that your employer’s workers compensation insurance carrier must pay for the cost of medical care that is both reasonable and necessary to treat the injuries sustained on the job. Illinois law requires that most every employer in the state obtain workers’ compensation insurance and an employer who knowingly fails to do so is guilty of a Class 4 felony. An employer who fails to maintain workers’ compensation insurance coverage can be subject to criminal charges and a significant fine levied by the Illinois Attorney General’s Office.
The second benefit to which injured employees are entitled is known as temporary total disability, or TTD. An employee is entitled to TTD if their treating physician indicates they are unable to return to work while receiving medical treatment for the injury sustained on the job. Temporary total disability is paid at 66% of the employee’s average weekly wage. If the employee’s physician states that he or she can return to work with restrictions, or can perform “light duty,” the employer must provide a job to the injured worker within the stated restrictions. If the employer does not have a job for the employee within these restrictions, the employee is entitled to collect TTD benefits.
Once an injured worker reaches maximum medical improvement, or “MMI,” the employee is entitled to a permanency award under the Illinois Workers’ Compensation Act. Generally speaking, this is the third and final benefit. An award of permanency is very much based on a formula and depends on what part of the body the employee has injured. The Illinois Workers’ Compensation Act assigns various weekly values to different body parts (i.e. arm, leg, hand, foot, etc.). The number of weeks to which the employee is entitled is negotiable and depends on the nature, extent and permanency of the injury. The weekly value is then multiplied by 60% of the employee’s average weekly wage to determine the amount of the permanency benefit. This is the most common way an employee is compensated for permanency and is known as a scheduled injury.
The Illinois Workers’ Compensation Act provides for other ways in which an employee can be compensated for the permanent nature of their injury. These situations would include those in which an employee is considered permanently and totally disabled and unable to return to any employment as well as those situations where an employee, at the conclusion of medical treatment, has permanent restrictions that prevent the employee from returning to their prior employment.
If you have been injured while working in the State of Illinois and want to insure that you receive all the benefits provided by the Illinois Workers’ Compensation Act please call us at (847) 244-0111.
Author: admin | Filed under: Personal Injury, Workers Compensation | No Comments »
Posted: August 5th, 2011
In the
Vincent case, the estate of a deceased nursing home resident attempted to bring a claim for punitive damages under the Illinois Nursing Home Care Act (NHCA).
Punitive damages can be awarded in Illinois to a plaintiff in cases where the trier of fact determines that the defendant’s conduct toward the plaintiff was willful and wanton. Our Supreme Court’s opinion in the Vincent case stands for the proposition that a punitive damages claim does NOT “survive the death of the nursing home resident on whose behalf the cause of action was brought,” nor can a punitive damages claim be brought in such circumstances under the Nursing Home Care Act.
As stated in the opinion, punitive damages cannot be brought in Illinois on behalf of a claimant who has died nor can the late claimant’s estate bring such an action. Stated another way, a punitive damages claim “dies” along with the plaintiff/claimant. The claimant’s survivors cannot bring the claimant’s punitive damages claim subsequent to the death of that claimant.
The Illinois Nursing Home Care Act (NHCA) provides protections for nursing home residents. Among other provisions, the NHCA makes owners and licensees of nursing homes liable for the negligent and/or intentional acts of their agents and employees. Intentional acts are often involved in punitive damages cases. So then, if the nursing home’s employees are negligent or commit an intentional tort against a resident, the owners and licensees of the home are liable to that individual resident.
The Act does not specifically permit the estate of a deceased nursing home resident to bring a punitive damages claim citing the gross negligence or intentional conduct of the defendant (or the defendant’s employees or agents) against the resident during his/her lifetime. The absence of statutory language permitting such a claim provides the basis for the holding in Vincent.
The NHCA does however direct that the defendant pay the attorney’s fees of the successful nursing home plaintiff. Attorney’s fees are generally NOT awarded to successful litigants in this country. The exception to this general proposition involves particular statutes like the NHCA. A statute can require a defendant to pay the successful plaintiff/litigant’s reasonable attorney’s fees. Such is the case with the NHCA.
So then, while the estate of a deceased nursing home resident is barred from bringing a punitive damages claim, it is NOT barred from bringing wrongful death and/or survival actions against the home. The survivors of the deceased may certainly bring those claims their loved one could have brought against the facility; the survivors may also bring wrongful death claims, if warranted. The Vincent holding simply bars the survivors from bringing punitive damages claims which could have been asserted by the deceased.
The estate (the survivors of the deceased) will be entitled to an award of attorney’s fees in the event it is successful in prosecuting it’s claims at trial.
Author: admin | Filed under: Nursing Home Abuse | No Comments »
Posted: August 5th, 2011
In some Illinois jurisdictions, judges are elected in subcircuits. Must a candidate in a judicial subcircuit election reside within the subcircuit? The Illinois Supreme Court recently held that candidates for election as a Corcuit Court judge in a subcircuit must reside in that geographic area at the time he or she submits nominating petitions to the board of elections. So, not only must the candidate reside within the subcircuit in which he/she seeks election, the candidate must also reside within that area when his/her nominating papers are filed with the election authorities. See Goodman v Ward, decided on 3/24/11.
If you have a civil or criminal litigation matter please contact Noonan, Perillo, Polenzani & Marks Ltd. at (847) 244-0111 or (312) 981-0120 to discuss your claim.
Author: admin | Filed under: Election Law | Tags: Election Law | No Comments »
Posted: August 5th, 2011
In civil lawsuits, the plaintiff brings the action against one or more defendants, depending of course on the matter at issue. The plaintiff has the burden of proof meaning that the plaintiff must prove his/her case. In civil cases, plaintiff must prove his case “by a preponderance of the evidence.” This is similar, but not the same, as the position of the prosecution in a criminal case.
In criminal cases, the State is represented by the State’s Attorney (known as the District Attorney in some states). The state has the burden of proof in a criminal prosecution “beyond a reasonable doubt.” This is a higher and more difficult burden of proof than that in civil cases.
In civil matters, the parties retain their own counsel unless they choose to act as their own attorneys (not a very good idea, by the way).
So then, it is fair to say that in a civil case the plaintiff “prosecutes” the civil law suit since, like the state or government in criminal matters, the civil suit is filed by the plaintiff and the plaintiff has the “burden of proof” in the matter.
If you have a civil or criminal litigation matter please contact Noonan, Perillo, Polenzani & Marks, Ltd. at (847) 244-0111 or (312) 981-0120 to discuss your claim.
Author: admin | Filed under: Criminal Law, Uncategorized | No Comments »
Posted: July 29th, 2011
Q: I think I have a claim but I’m not sure. What should I do?
A: Call us at (847) 732-5986. We will discuss the matter with you. We are also happy to meet with you in our offices to discuss the case. If you are unable to travel, we will make every effort to meet with you at your residential facility. We do not charge for initial consultations. You will be under no obligation whatsoever to retains our services.
Q: I have no money and I can’t afford a lawyer. How can I bring a claim?
A: Should you choose to retain our services, we will represent you on a contingency fee basis. Our contingency fee representation agreements are in writing. You will be presented with the written fee agreement at the very commencement of our representation. Simply stated, if we fail to collect monies for you with regard to your claim you will be under no obligation to pay attorney’s fees for our services.
Q: I think my family member was intentionally injured by someone associated with his nursing home. Will I be able to bring a claim on his behalf?
A: We are happy to discuss the matter with you and give you our best advice. The Illinois Nursing Home Care Act provides that owners and licensees “are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.”
Q: I have no assets and I am on Public Aid. Why should I bring a claim against my nursing home? If I win my case, won’t Public Aid take the money?
A: Generally, no. Plaintiffs who successfully bring claims pursuant to the Illinois Nursing Home Care Act are not required to pay liens from the Illinois Department of Public Aid from monies obtained in any settlement or judgment brought pursuant to that act. Monies recovered by a nursing home resident are exempt “for purposes of determining initial or continuing eligibility for medical assistance (from Illinois Public Aid).”
Q: Don’t you need my nursing home records in order to investigate my claim? I don’t have those records and I don’t know how to obtain the records.
A: If our services are retained, we will have you execute the appropriate releases and we will obtain your nursing home and medical records. Pursuant to law, the nursing home is required to produce a full and complete copy of your chart within 48 hours of a request for same.
Author: admin | Filed under: F.A.Q., Nursing Home Abuse, Personal Injury | No Comments »
Posted: July 29th, 2011
Question:
What does “defendant admonished to trial in absentia” mean? Is this utilized only in misdemeanor cases?
Answer:
No. This language is used in both misdemeanor and felony cases.
This means the defendant was advised by the court that should he/she fail to appear in court, a trial could proceed without the defendant being present. The defendant would be voluntarily “absent” for trial and the trial could proceed in his/her absence. The defendant could be found guilty at that trial and sentencing would proceed, again in the absence of the defendant. Under such circumstances, the defendant could be sentenced for the offense of which he/she was found guilty. In felony cases, this would include the possibility of a sentence to the penitentiary.
Information provided by the law firm of Noonan, Perillo, Polenzani & Marks, Ltd.
If you are looking for stellar legal representation, do not hesitate to contact us to arrange a free consultation with a Lake County and Waukegan civil or criminal defense attorney.
Author: admin | Filed under: Criminal Law | Tags: F.A.Q. | No Comments »
Posted: July 23rd, 2011
There are three types of Court-Martial proceedings.
A General Court-Martial is typically the venue for adjudication of the most serious criminal offenses. A Special Court-Martial is generally a venue for less serious criminal offenses which are often charged as misdemeanors in civilian practice.
There is no distinction between felonies and misdemeanors in the military justice system. An offense which would be considered a felony in a civilian jurisdiction would likely be tried before a General Court-Martial whereas a misdemeanor would probably be referred to a Special Court-Martial or Summary Court-Martial.
A Summary Court-Martial is a one officer court utilized for disposition of less serious offenses (See Article 17, Uniform Code of Military Justice and Rule for Court Martial 1301, et. seq.).
There is no equivalent to the Grand Jury in military practice. Before a serious offense can be referred to trial at General Court-Martial the accused (the defendant) will appear at an Article 32 hearing (See Article 23, UCMJ and RCM 405). At this hearing, the government will offer evidence to show probable cause that the accused committed the offenses charged. One of the distinctions between military and civilian practice is that, much like a preliminary hearing in civilian criminal practice, the accused is present with his or her counsel at the Article 32 hearing. Defense counsel is given the opportunity to cross-examine witnesses at the Article 32 hearing. The defense may also call witnesses and offer evidence. The Article 32 hearing provides the defense with a unique opportunity to learn what witnesses in the case will testify to at trial. Since defense counsel is permitted to examine and cross examine witnesses, the hearing provides the defense with the opportunity to develop prior inconsistent statements to be used in cross-examination at a subsequent Court-Martial.
Examination of witnesses at the Article 32 hearing is the functional equivalent of deposition practice in civil litigation. Most cases in our civilian jurisdiction are taken before the Grand Jury by the state for indictment. With respect to those few cases that do proceed to preliminary hearing, the judge typically keeps a tight rein on defense cross examination of witnesses. Generally speaking, in a civilian court the judge at preliminary hearing simply wants to hear testimony as to probable cause. Conversely, an Article 32 hearing can proceed over an extended period of time, often days, depending upon the number of witnesses called by either side.
The Article 32 hearing is presided over by a hearing officer who is typically a JAG officer or Military Judge. At the end of the proceedings the hearing officer writes a report with recommendations for the accused’s Commanding Officer (the Convening Authority) who will ultimately decide whether to dismiss the charges or refer the matter to General, Special or Summary Court-Martial. The hearing officer’s report of investigation will include “the recommendations of the investigating officer, including disposition (of the charges)” (See RCM 405(j)). The hearing officer can make a recommendation that charges be dismissed. Unlike Grand Jury practice, the Commanding Officer is not bound by that recommendation. In civilian practice, if the Grand Jury were not to return a “true bill” the case could not go forward as a matter of law. In military practice, even if evidence is lacking in the opinion of the hearing officer the case could still be referred to trial by Court-Martial at the discretion of the “Convening Authority.”
Author: admin | Filed under: Criminal Law, Military Law | No Comments »
Posted: July 18th, 2011
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!
Author: admin | Filed under: Uncategorized | 1 Comment »
