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Posted on in Illinois Law

Auto-accidents are some of the most common accidents on Illinois roads. The results of such accidents range from serious or minor physical injuries, material damage, etc. What usually follows after such accidents is insurance claims aimed at seeking compensation for any form of damages suffered. During the claim process, most parties are vulnerable. Most especially those who suffer physical injuries are probably in the recovery stage or have depleted their finances, taking care of their hospital bills. Therefore it is easy for such a party to take up any settlement amount offered. Our personal injury lawyer Chicago from the law office of Woodruff Johnson & Evans can always assist you with all the legal aid you require to help maximize your benefits. With the knowledge and experience each of our attorneys possesses in insurance law and insurance claims, you have the assurance that your case is being handled by a lawyer with great attention to detail.

What are the limits of insurance that are mandatory?

When it comes to auto-accidents, Illinois is a comparative negligence state. Therefore it is not automatic that a certain party is responsible for the accident hence solely liable for damages. Several parties can be held liable for the accident, including the injured party. Determination of liability is an exercise that requires thorough research; that is why it is in your best interest that you retain a competent Personal Injury attorney Chicago throughout your case. Once a determination of liability has been reached, the claimant will receive compensation less their liability. For example, where it is found that the contributory negligence of the claimant was 20%, the benefits they are bound to receive will be less than 20%.

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People who become injured while on the job may be eligible to collect workers' compensation benefits explains one seasoned workers' compensation attorney Chicago inhabitants will find it easy to locate. There are several different reasons why your workers' compensation benefits can be denied.

The top 5 ways your workers' comp can be denied include:

  1. Failure To Report the Incident by the Required Time Deadline

All employers are required to ensure their workers' safety on job sites. Employers should quickly perform an internal accident investigation to determine if, when, and why the accident occurred in the first place. A competent workers compensation lawyer Chicago area citizens already trust can help victims build their case.

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Walking, Kneeling, Reaching and Other Ordinary Daily Activities Can Lead to a Work Injury

 

The Illinois Supreme Court recently issued a decision that adds protection to workers who are hurt at work while performing everyday activities such as walking, kneeling, reaching, and standing.

In McAllister v. Illinois Workers' Compensation Commission, the Court awarded benefits to a sous chef who injured his knee while standing from a kneeling position in his restaurant's cooler. He had knelt in the cooler to look for a tray of food. The chef did not claim that he hit his knee on something in the cooler or that he slipped on something on the cooler's floor. He simply stood up from a kneeling position. His employer had argued that standing from a kneeling position was an everyday activity that did not expose him to a greater risk of injury than the general public faces when they may kneel and stand at home. Therefore, the employer claimed that no accident had taken place.
The Illinois Supreme Court disagreed. The Court decided that while standing from a kneeling position is an activity of everyday living, the reason the chef was kneeling was related to a risk associated with his job. He had knelt for a pan of food, something the court found was part of his normal job duties and something that his employer reasonably would expect him to do. Therefore, if you are injured at work while performing what would be considered an activity of daily living, and that activity is part of your normal job duties, you likely have suffered a work- related accident.

Article of Interest:

Workers' Compensation FAQ

We've put together a list of some of our clients' most frequently asked questions about their workers' compensation cases. If you have questions about your workers' compensation claim, we are here for you.

Posted on in Car Accidents

INJURED BY UBER OR LYFT? KNOW YOUR RIGHTS

What Happens if You Get Injured in an Accident with an Uber or Lyft Driver?

One of the emerging areas of personal injury litigation relates to accidents involving Uber and Lyft drivers. This is of course ironic since many people utilize this service to avoid accidents and to be in a safer environment. Many people use the Uber and Lyft apps to get home safely after a night out. Others use it as a means of regular transportation to and from work or an airport. If you are a passenger in one of these vehicles that is involved in an accident or happen to be hit by such a driver, it is important to know your rights and ensure you maximize the damages you are entitled to. What are the requirements to become a driver for Uber or Lyft?Surprisingly, there are not that many. Generally speaking, they include:

  • Being at least 21 years of age
  • Licensed to drive in the US for at least one year (or 3 years if under the age of 23)
  • Have access to a 4-door vehicle with at least 5 seatbelts
  • Model of car requirements vary from 10-15 years of age (depending on the city)
  • Auto insurance
  • Valid Driver's License
  • Background check and complete driving record

Road tests are not required and there is no clear indication whether or not Uber or Lyft continuously update a driver's background and driving record. Furthermore, with the advent of self-driving vehicles and how new the technology is, it is almost a certainty that accidents will be on the rise. Insurance is the tricky area of Uber and Lyft litigation. While drivers are required to have insurance on their vehicles, there are multiple layers of insurance which both Uber and Lyft provide which you may be entitled to access. This is especially important in cases where the injuries are substantial or catastrophic and the driver's own insurance will not be enough to fully compensate an injured party. A seasoned personal injury attorney, particularly one who has experience litigating cases against Uber and Lyft, will be in a much better position to ascertain all avenues of recovery and find all possible insurance policies that can satisfy an injury victim's damages. Injured due to the negligence of an Uber or Lyft driver? Contact the attorneys at Woodruff Johnson & Evans to fully explore your rights and damages. Woodruff Johnson & Evans Law Offices has three convenient locations to serve our clients from across the state of Illinois. Make an appointment to see us in the Chicago loop. Visit us at our west suburban office in Aurora. Get a free consultation at our central Illinois office in downtown Champaign. Or ask us to meet with you in your hometown. If you are injured and need legal representation, wherever you live, we are there. Call us at: 630-585-2320 or contact us online to schedule a no-cost, no-obligation consultation today.

Adding Insult to Injury: Getting Hurt Then Getting Fired.

In these difficult and uncertain times this country is facing, many people have lost or are in fear of losing their jobs. Also, as the job market begins to open back up, many people are looking for new and better job opportunities. If you are one of those people and are also currently involved in a workers' compensation claim, a change in your employment status could raise many questions or concerns.

Workers' Compensation Benefits After Termination

If I am terminated from my employment, will I continue to receive workers' compensation benefits?Must I continue to work for my current employer to continue to get workers' compensation benefits?If I find a better job opportunity, will I still be entitled to a settlement?In Illinois, if you sustain a work-related injury, you are entitled to three distinct benefits. Those benefits are: payment of medical expenses, lost wages, and permanent partial disability benefits. If the work injury requires medical treatment, the workers' compensation insurance carrier is responsible for 100% of the medical expenses related to your work injury. You are not required to pay co-pays, deductibles, or any amount out of your pocket for medical expenses. If the injury requires you to miss work or if your employer is not able to accommodate your light-duty work restrictions, you are entitled to 2/3 of your gross pay.

Lastly, once you are done treating and have been released by your treating doctor, you are entitled to a settlement or an award from an Arbitrator for any permanent disability caused by the work injury. Generally speaking, your entitlement to these benefits is not impacted if you are terminated from your employment or if you decide to seek employment with a different employer. However, as is most often the case with legal rules, there are some exceptions. If you are terminated from your employment or seek employment elsewhere during the pendency of your workers' compensation claim, the medical expenses you incur for your work-related injury will still be covered by the insurance company.

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