Posted: February 28th, 2014
You have spent several months recuperating from a work-related accident. It has been rough physically, mentally and financially. You are healing, but cannot imagine returning to work at this stage of your recovery. So what happens when your employer’s workers’ compensation physician disagrees and releases you back to work?
You exercise your right to seek a second medical opinion. Currently the way states dictate medical services for workers’ compensation is split right down the middle. Fifty percent of states allow the employer’s insurance carrier to determine which physician will conduct the evaluation while the other 50 percent of states allow the employee to seek an independent medical examination, treatment and documentation with regard to any work-related injury.
In most cases, the request for a second medical opinion simultaneously protects both the employee and the employer. You as the employee want nothing more than to return to your position and your employer would benefit from a second medical opinion to ensure no further damage is inflicted if you are being forced back to work too quickly.
Discuss your options with your employer. If the physician of choice has expertise in your type of injury, your employer should accept the fair and unbiased report, but if the employer does not know the physician, they may seek approval via their insurance claims adjustor. This may be where your problems escalate. You need to remember that the company’s insurance provider is signing your temporary disability checks. If your employer and the insurance provider choose to dismiss the second opinion and have declined further issuance of your temporary disability payments, it would be in your best interest to contact an experienced workers’ compensation attorney and move forward with filing a formal complaint.
For those residing in Illinois, the Illinois Workers’ Compensation Commission Handbook on Workers’ Compensation and Occupational Diseases cites that an attorney is not required to file a complaint but it is often the best line of defense so you can concentrate on what is most important, your recovery. Your injury and recovery are unique but your situation is common when it comes to employers and their insurance carriers either refusing to pay medical expenses or completely suspend temporary disability payments due to disagreements over your ability to return to work.
The experienced legal team of Noonan Perillo Ltd. will work vigorously to represent your interests. To discuss your circumstances, contact us to schedule your free consultation today.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Medical Care, Personal Injury, Workers Compensation | Tags: Illinois attorney, Illinois workers' compensation lawyer, medical opinion, second medical opinion, workers comp, workers' comp insurance | No Comments »
Posted: February 22nd, 2014
This year, Illinois has instituted a new public act designed to lessen personal injuries in police taser incidents. The Law Enforcement Officer Stun Gun and Taser Use Reporting Act took effect on January 1, 2014 and will remain in effect until December 31, 2018.
This act requires all law enforcement officers to record information concerning incidents and persons who have been subdued by the use of a taser. All local and state law enforcement agencies must then compile all of the recorded data on a standardized form. This information will then be analyzed by the Illinois Criminal Justice Information Authority. The findings of this analysis will then be delivered to the Illinois Governor, General Assembly, and individual law enforcement agencies no later than July 1 of each year the act is in effect.
In addition to creating these new procedures, the act also amends the Illinois Police Training Act to require all law enforcement officers to receive training on the use of electronic control devices. This training will include information not only on the physiological effects of the use of these devices on humans, but of its psychological effects as well.
Random inspections will also be carried out by the Illinois Law Enforcement Training Standards Board of police departments, units of local government, and university police departments to ensure appropriate training has been given to all officers regarding electronic control device use.
The Board will then compile the information it has gathered from random inspections and analyze the results. Based on this analysis, the Board will recommend additional legislation concerning the use of tasers and other electronic control devices by law enforcement officers, and training in their use.
Although these new laws went into effect this year, civilians have and will suffer injuries due to taser guns. you or someone you know has suffered a serious injury due to law enforcement use of an electronic control device, or if you feel you have been the victim of police misconduct you need a qualified attorney on your side. Contact the office of Noonan Perillo Ltd today. They have experience dealing in police misconduct cases and can help advise you on your case.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer | Tags: Illinois personal injury attorney, Illinois personal injury lawyer, Lake County Personal Injury Attorney, Law Enforcement Officer Stun Gun & Taser Use Reporting Act, new laws, police tasr, stun gun, taser gun | No Comments »
Posted: February 14th, 2014
Sadly the Lake County News-Sun (Waukegan, IL), recently reported on the January 17, 2014 death of two Northeastern Illinois University (NEIU) students traveling to an Omega Delta Phi fraternity leadership conference in Tucson, Arizona.
The five fraternity brothers were traveling southwest on U.S. Highway 54 in Dallam County, Texas when their vehicle veered northwest and immediately impacted with a Freightliner 18-wheeler. Two students tragically died on impact while three passengers were taken to a Northwest Texas hospital reportedly in good condition. The truck’s driver and passenger were also taken to a local hospital and later released.
For all involved this is a painful ending to the lives of two young adults, but statistically accidents with these 10,000 plus pound masters of the open road remain on the upswing.
According to the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), the number of passenger vehicle crash fatalities has been on the decline since 2011 but for the trucking industry, the numbers have been steadily increasing.
The NHTSA, who has been collecting data on both passenger vehicle and semi truck crash statistics since 1949, reports that fatalities resulting from accidents with these mammoth trucks has increased 20 percent over the past few years. Unfortunately, they believe the numbers will only continue to grow as the trucking industry works to satisfy our nation’s supply and demand economy.
There is little doubt that an investigation is underway into the death of the two NEIU students as fatalities involving truck crashes remains a high priority for the federal agencies responsible for implementing new regulations on the nation’s trucking industry.
Although the investigation may not be able to determine every contributing factor leading up to the fatal NEIU student’s accident, there are the following concerns when it comes to the trucking industry and the high number of over-the-road accidents and related fatalities:
- Increase in truck traffic across the nation,
- Increase and variance of speed limits throughout the U.S.,
- Trucks are not bound by compliance to crashworthiness standards,
- Driver distraction, fatigue or human error.
Sadly, both NEIU students will be forever remembered by their families and fellow students.
For all who may have experienced the tragic and premature loss of a family member, the U.S. Department of Transportation (DOT) remains diligent in reviewing all data as it imposes new regulations on the trucking industry to assist with decreasing the number of catastrophic accidents.
Hopefully these efforts will not only improve the track record for the trucking industry, but ensure the safety of our nation’s truckers and all of us who share the road.
If you have been injured or experienced the loss of a family member due to a semi truck crash, the legal team at Noonan, Perillo & Marks, Ltd. is here to help. Our personal injury lawyers are knowledgeable of the complexities, dynamics and the laws and regulations applicable to interstate truck operators. Contact our Lake County office for your free consultation today.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Semi Truck Crash | Tags: Illinois personal injury attorney, Illinois personal injury lawyer, semi accident, semi truck crash | No Comments »
Posted: February 7th, 2014
On January 16, a jury awarded an Edwardsville High School Student $910,000 after he suffered a serious personal injury while riding his bike past a construction site.
According to The Telegraph, Trevor Brady was riding his bike on St. Louis Street in Ewardsville when he rounded a corner and hit a misplaced steel reinforcing beam at a construction site. Brady suffered serious injuries as a result of the crash and was rushed by ambulance to Anderson Hospital in Maryville. He was then later airlifted to Cardinal Glennon Hospital in St. Louis.
Brady required surgery to his mouth, face and nasal cavity, as well as dental reconstruction due to the severity of his injuries. He was also placed on bed rest at home for a period of two weeks, and was required to undergo speech therapy due to the fact that his teeth were misaligned after his accident. A year after the accident he underwent plastic surgery to remove a scar on his face also caused by the accident.
The lawsuit named Plocher Construction Co., which was building a new office building in the area at the time as a defendant. The company admitted responsibility for the misplaced beam. Prosecutors requested damages of $3.3 million, while Plocher’s attorney David Simkins, suggested damages of $250,000. The jury in the case awarded Brady a total of $910,000; $725,000 awarded to Trevor for his medical expenses as well as pain and suffering, and $185,000 to Trevor Brady’s parents for their emotional pain and time spent caring for him.
In general, construction companies try to be careful about where their materials are placed, ensuring that those in the community remain safe. Unfortunately, however, there are times when companies do become negligent, and accidents can happen. If you or someone you know has suffered a personal injury as the result of company negligence at a construction site, contact a qualified Illinois personal injury attorney today. We will review your case and help you get any compensation you may be entitled to.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer | Tags: bicycle crash, Illinois personal injury lawyer | No Comments »
Posted: January 29th, 2014
Being involved in a car accident can be frustrating. Even a fender bender can make you late to work or other important events. More serious crashes can cause emotional trauma and physical injuries that can have long lasting effects on your health and your wallet. Having to miss work and pay hospital bills because of an accident can be frustrating, more so if it was not your fault.
Filing a personal injury lawsuit can allow you to receive compensation for the injuries you have suffered if you can prove the other party is at fault. That means that they were either reckless or negligent in their actions. A driver is reckless when they make a conscious decision to disregard the safety of pedestrians and other drivers. Negligence on the other hand is a mistake that the driver committed which put others at risk.
Proving that a driver acted without reasonable care is only part of a proving fault in a personal injury case. It is also necessary to prove that the negligent or reckless driving was the cause of the injuries. If you can prove both then you may be able to receive compensation for your injuries.
There is certain evidence that you can use to strengthen your case. One way is to review the police report to see if blame was assigned or if tickets were issued. It is also useful to review the traffic laws of Illinois for statutes that pertain to your accident such as speeding, right of way, and roadway markings. Traffic crimes such as drunk driving, running red lights and driving on the wrong side of the road are examples of traffic violations that can show negligence or recklessness.
If you have been involved in a car accident, then it is essential to seek the support of a professional. Since it was not your fault, you should not have to pay. Contact an experienced personal injury attorney in Lake County today.
Author: Staff Writer | Filed under: Car Accident, Criminal Law, Drunk Driving, Lake County personal injury lawyer, Personal Injury, Safety, Wrongful Death | Tags: Car Accident, car accident lawyer, car insurance, determining fault, fault, Illinois car accident attorney, Illinois personal injury lawyer, Personal Injury | No Comments »
Posted: January 21st, 2014
Illinois personal injury plaintiffs who are awarded a settlement in any civil action will now receive their money more quickly thanks to a change in the Illinois Civil Practice Law of the Code of Civil Procedure.
According to Illinois SB 1912, a settling defendant must provide a plaintiff a copy of the court order approving the settlement within 14 days of the parties agreeing to settle the civil case. Furthermore, once this notice has been submitted, the defendant must then pay all money due to the plaintiff within 21 days of the plaintiff providing a duly executed release. If the defendant fails to pay, interest will be accrued based on the date of release and will also be payable. The change also states that defendants who fail to pay in a timely manner may face judgment without further notice.
Though this change is in effect as of January 1, 2014 on virtually all settlements, there are several Illinois state agencies and employees who are exempt, including the following:
- The state of Illinois;
- Any agency identified in the Illinois State Auditing Act;
- State employees or officers who have been sued in their official capacity;
- People or entities represented by the Attorney General who have been provided indemnification under the State Employee Indemnification Act;
- Local governments;
- Class action lawsuits.
Plaintiffs whose cases are affected by this law will also may provide the defendant with copies of documentation relating to third-party claimants, including attorney’s liens, medical liens, rights of recovery that have been claimed by Medicare, Medicaid, the Illinois Department of Healthcare, and private health insurance companies.
If you or someone you know has suffered a serious injury in an accident, at work, or due to caretaker negligence, it is important that you have a qualified attorney to represent you when fighting for a personal injury settlement. Contact the experienced personal injury attorneys at Noonan, Perillo & Marks, LTD today. We can advise you on how to proceed with your case and ensure that you receive any compensation that you may be entitled to.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Personal Injury Settlement | Tags: Illinois Civil Practice Law of the Code of Civil Procedure, Illinois personal injury attorney, Illinois personal injury lawy, Illinois personal injury lawyer, Personal injury settlement | No Comments »
Posted: January 14th, 2014
In 2002, a company named Conceptus came up with a new kind of birth control device. Later, Bayer starting making the permanent birth control device called Essure. It consists of two tiny metal coils that are inserted into the Fallopian tubes. The coils are meant to cause scaring which would block fertilization from occurring once tissue has closed over the scars and device.
It is marketed as a quick and cheap birth control device. The other kind of permanent birth control is tubal ligation or getting the Fallopian tubes tied to stop the migration of the egg. The process of implanting the Essure device is an outpatient procedure which does not require an overnight stay at the hospital. Nor does it require the use of anesthesia, which also has certain risks. While Essure might be easier in the short run, there might be more issues over the long term.
While the FDA approved the drug in 2002 after extensive testing, there have been problems since. Over 900 women have sent formal complaints to the Food and Drug Administration. Even more women than that have joined a Facebook support group for women who have experienced side effects from the implants. The group has over 5,000 members each with their own horror story.
Some women have said that the pain started almost immediately. That can be the case if the Essure implant is inserted incorrectly. In these cases, a second procedure is required to reinsert the coils. Even without the improper placement of the coils, common side effects include mild to moderate cramping and bleeding. The other adverse effects include back pain, joint pain, extreme fatigue, infection, skin rashes, immunity problems and even death.
If a medical device has caused you pain and suffering it is important to seek restitution. Filing a product liability lawsuit can show that the manufacturer of a defective product is responsible for medical bills, lost wages, and other punitive damages. Contact an experienced personal injury attorney in Lake County who can review your case today.
Author: Staff Writer | Filed under: Drug side effects, Lake County personal injury attorney, Lake County personal injury lawyer, Medical Care, Medical Malpractice, Personal Injury, Safety, Third Party Negligence | Tags: birth control, FDA, FDA approved, Illinois personal injury attorney, Illinois personal injury lawyer, side effects | No Comments »
Posted: January 8th, 2014
A Cook County hospital administrator is being held in lieu of $400,000 bond after he was allegedly involved in a fatal accident involving a bicyclist in a Chicago neighborhood on December 6th.
According to the Chicago Sun-Times, Robert Vais, 54 has been charged with failure to reduce speed, driving under the influence, and aggravated driving under the influence causing a death. Vias was driving his 2002 Ford Windstar in the 2500 block of West Ogden in Douglas Park early Saturday morning when he allegedly struck and killed 28-year-old Hector Avalos, who was riding his bicycle home. Avalos had just finished working his shift at the El Hefe restaurant in River North.
Police told reporters that Vias smelled of alcohol and had bloodshot eyes when they arrived on the scene around midnight on Saturday morning. He inquired as to Hector’s condition before being taken to Saint Anthony Hospital. His blood alcohol level measured .118. Avalos was taken to Mount Sinai Hospital, where he was pronounced dead.
Cook County Judge James Brown ordered Vias held in lieu of the $400,000 bail at his hearing on Sunday, calling the accident “a tragedy of epic proportions.”
If you or someone you know has suffered a serious injury, or if a loved one has been killed as the result of an auto accident in which someone else was at fault, you may be eligible to receive compensation. This money can help cover expenses and help you get your life back on track.
To ensure that you receive any monies you may be entitled to, it is important that you contact a dedicated Illinois personal injury attorney right away. We can ensure that you are fairly represented in court and ensure you receive any funds you are entitled to.
Author: Staff Writer | Filed under: Car Accident, Distracted Driving, Lake County personal injury attorney, Lake County personal injury lawyer | Tags: bicycle accident, DUI, fatal accident, Illinois personal injury, Lake County Personal Injury Attorney, Lake County personal injury lawyer | No Comments »
Posted: December 28th, 2013
The Illinois Department of Transportation (IDOT), along with Illinois State Police and Illinois Tollway, have all joined together to launch the “Ice and Snow…Take It Slow” winter driving campaign.
The IDOT says it’s fully ready to take on whatever Mother Nature piles on Illinois roadways this winter, with an army of 182 plow trucks, more than 1800 snow removal vehicles and 460,000 tons of salt.
But agency officials also remind drivers to take the necessary steps to do their part to stay safe on winter roads. Drivers should make sure their vehicles are ‘winter ready’ – check tires, wipers, lights and fluid levels on a regular basis. Also make sure that the transmission and brakes are working correctly. It’s also a good idea to keep your gas tank at least two-thirds full to keep lines from freezing.
Drivers should also make sure they have certain items in their vehicles in case they do run into problems while driving in bad weather. Make sure you have a snow brush, ice scraper, and rags or paper towels to keep windows clear. The IDOT also recommends keeping a set of jumper cables and extra anti-freeze in your vehicle. You should also keep a blanket and extra hats, gloves and waterproof boots, as well as a shovel and kitty litter or sand. Other safety items include a first aid kit, flashlight, extra batteries and road reflectors.
If the weather is bad, it’s important to determine if venturing out is really necessary. If you decide to drive during a storm, plan on delays so allow for ample time to get to your destination. Drive slowly and be mindful of black ice and other hazardous conditions. The IDOT also reports current road conditions on its website at www.gettingaroundillinois.com.
Unfortunately, as many precautions as we may take to stay safe in winter driving conditions, not all drivers are as safety-minded, and their dangerous driving can cause accidents. If you have been injured in a vehicle accident caused by a negligent driver, contact a Lake County personal injury attorney today to find out what compensation you may be entitled to for your pain and loss.
Author: Staff Writer | Filed under: Car Accident, Lake County personal injury attorney, Lake County personal injury lawyer, Winter Weather Safety | Tags: Illinois, Illinois lawyer, Illinois winter safety, personal injury attorney, personal injury lawyer, winter weather safety | No Comments »
Posted: December 22nd, 2013
Although winter has only just begun, the Chicago area has already seen snow. As Chicago marches toward the inevitable freezing temperatures and snowstorms that await the city every year, it may be useful to briefly explore what duties you have as a property owner with regard to removing snow and ice from public walkways.
Generally speaking, under common law, a property owner is not required to remove collections of ice and snow (see McBride v. Taxman Corp., 327 Ill. App. 3d 992, 995, 765 N.E.2d 51, 54 (Ill. App. Ct. 2002)). A property owner can be held liable though, if the collection of ice or snow was created by the owner in some way and an injury resulted. A property owner can also be held liable if he or she voluntarily chooses to remove snow and ice, but does so in a negligent manner. For example, while you will not be held liable for someone slipping and falling on a sidewalk that you chose not to shovel, you may be held liable if you build a snowman on the sidewalk over which someone eventually trips.
This rule, however, must be considered with the Snow and Ice Removal Act. The Snow and Ice Removal Act provides immunity for injuries sustained by an individual as a result of the attempted clearing of sidewalks next to the property. The rule only applies to sidewalks, but not driveways or other areas that property owners typically shovel. The Act creates a set-aside rule for all sidewalks. While the common law rule discussed above would apply to driveways – you can be held liable for negligently shoveling a driveway – you cannot be held liable at all if you shoveled a sidewalk, even if you did so negligently.
Although this may sound confusing at first, all the law really attempts is to minimize the number of slip and fall accidents that happen while people are walking around during the winter. The Snow and Ice Removal Act is an attempt to encourage people to shovel their sidewalks, as it clears them of virtually all liability in the event of an accident.
Slips and falls happen every year, so remember to shovel snow and scatter salt when possible this winter season. If you or someone you know has been involved in an injury like this, or if you have any questions regarding your liability, be sure to contact an experienced Chicago-area personal injury attorney today.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Liability Law | Tags: Illinois personal injury attorney, Illinois personal injury lawyer, liability, shoveling snow, winter liability | No Comments »