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Lake County Personal Injury Law Blog

Auto accident causes injuries to several adults, kids

Several adults and children were recently hurt in a serious car crash in Illinois. The auto accident took place on a Tuesday morning. This crash involved several vehicles.

Police reported that a person was speeding in a Dodge Caravan on a street at around 8 a.m. The van failed to stop at a stop sign. Cars that were waiting at a red light did not see the van coming, so when the van approached them, the van caused multiple vehicles to collide with one another. The van then collided with a liquor store window.

'Senior cam' law could mean less nursing home abuse, neglect

If you are a Lake County resident with a loved one in a nursing home, you know that it can be tough. You count on the nursing home to provide the highest level of care possible. If you could, you'd probably be on site all the time to be sure that he or she was as safe and secure as could be. But that isn't realistic.

That opens the door to the possibility that the patient could become a victim of caregiver neglect. Worse yet, conditions in a facility could be such that the patient could suffer outright physical or mental assault or abuse and it might go unnoticed.

Looking at workers’ compensation death benefits in Illinois, P.2

In our previous post, we looked briefly at the topic of workers’ compensation death benefits, both as to what types of benefits are available through the workers’ compensation system and to whom they are available. Here we want to speak briefly about the connection between workers’ compensation benefits and wrongful death actions.

It is important to realize that, under Illinois law, workers’ compensation benefits are offered to injured workers and the surviving dependants of an employee killed in the course of employment on an exclusive basis. This is sometimes called the “exclusive remedy” rule. This means that injured employees and surviving dependants of deceased employees generally may not sue an employer for damages. In cases where an employee is killed while on the job by a negligent third-party, though, his or family may be able to pursue damages for negligence or wrongful death. 

Auto accident claims 2 lives in Illinois

Two people lost their lives in a recent Illinois motor vehicle accident. The auto accident occurred during the early morning hours on a Sunday. It took place along Illinois 127.

According to police, an 18-year-old woman was operating a car northbound on the highway shortly after 1:50 a.m. The car veered across the southbound highway lanes. It ended up hitting a tree.

Looking at workers’ compensation death benefits in Illinois, P.1

In our last post, we looked briefly at a recently released report by the Bureau of Labor Statistics which examined data on nonfatal workplace injuries and illnesses. The report highlighted, among other things, that construction laborers have a particularly high risk of workplace injury, which isn’t much of a surprise.

On its website, the Bureau of Labor Statistics also has a variety of data regarding fatal occupation injuries, both current and from years past. A quick glance at the preliminary data from 2014—the most current year available—makes it clear that the risk of fatal injury for construction workers is significant. 

Report looks at rate of injury/illness among construction workers

Most of us are aware, though we don’t think about it much, that there are certain industries and lines of work that are more dangerous than others when it comes to the risk of work-related illness and injury. While every profession involves some risks to health and wellness, nobody will dispute that an office worker has the same level of risk as an industrial worker.

Construction workers are among those who have the greatest risk of injury on the job, for obvious reasons. A recently released Bureau of Labor Statistics report looking at 2014 statistics bears this out. According to the report, construction workers are among a group of 10 occupations for which the risk of job-related injury and illness is the highest in the nation.

Seeking recovery after an on-the-job auto accident, P.2

Last time, we spoke a bit about pursuing workers’ compensation benefits after a work-related car accident. As we noted, the facts of the case are important in determining both whether workers’ compensation benefits would be available after such an accident, and whether an employee injured in such an accident would have the ability to sue his or her employer outside the workers’ compensation system.

In addition to cases where there is deliberate, intentional conduct on the part of the employer, another example of when an employee may be able to sue an employer outside the workers’ compensation system in Illinois is when the employer has “dual capacity.” This means that the employer, in addition to being the accident victim’s employer, also has some other independent legal relationship to the employee. Employees, for instance, who get into an auto accident while driving a motor vehicle manufactured by their employer, may have the ability to sue the employer outside the workers’ compensation system. 

Seeking recovery after an on-the-job auto accident, P.1

In our last post, we began speaking about the intersection of workers’ compensation and personal injury liability in cases involving on-the-job motor vehicle accidents. When such an accident results in serious injury for an employee, it is important that he or she explore all potential avenues of compensation, including workers’ compensation and personal injury litigation.

Exactly what type of compensation will be available to an individual in such a situation depends on the facts of the case, specifically what factors contributed to the accident. On the workers’ compensation side of things, the availability of benefits would depend on whether the accident is deemed to have arisen out of and in the course of employment.  

What recovery is available when I am injured in a work-related car accident?

Workers compensation is an important resource for those who have been harmed on the job, and it is important for employees to understand their rights under the law. For those who do become injured on the job, particularly in a motor vehicle accident, it is important to understand not only how to recover damages for personal injury, but also the process of seeking out workers’ compensation benefits.

Workplace accidents, including on-the-job motor vehicle accidents, can happen for a variety of reasons. In some cases, they are a result of the negligence of the worker, in other cases the negligence of the employer. In yet other cases, such accidents occur because of the negligence of a third party. Although recovery in personal injury cases is dependent on proof of negligence, it is important for workers involved in such accidents to understand that they are covered by workers’ compensation as long as their injuries arose out of and in the course of employment. 

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