Are There Limits On Illinois Car Accident Settlements?

car accident

Imagine driving near Antioch Theater or the Great Lakes Antiques Boutique near Chicago when you are rear-ended at a traffic light. You are hurt and cannot work. How will you pay your medical bills and living expenses?

Unfortunately, this scenario plays out in Illinois every day. Hundreds of people in Illinois are in minor and major auto accidents every month. Many are unable to pay their bills while dealing with debilitating injuries. If you were in an accident because of someone’s negligence, you might wonder about the size of the settlement to expect. Learn about this important topic below. If you have questions about a potential settlement, please call our Antioch car accident attorneys at The Law Offices of Robert T. Edens, P.C., today.

No Limits On Personal Injury Settlements In Illinois

The idea behind limits or damage caps on personal injury claims and lawsuits is to reduce the compensation plaintiffs can receive. Every state handles damage caps according to its laws. However, Illinois no longer has caps or limits on personal injury damages. There was a cap on non-economic damages in medical malpractice claims, but the Illinois Supreme Court struck it down in 2010.

Who Can Receive Auto Accident Compensation In Illinois?

Anyone hurt in a car accident caused by someone’s negligence can receive compensation in a claim or lawsuit. This means you could receive funds if you were a driver, passenger, pedestrian, or bicyclist who a negligent driver hurt. If you lose a loved one in an accident because of someone’s negligence, you also may receive compensation in a wrongful death lawsuit.

Also, even if the other driver does not have insurance, you still could receive compensation. This is because Illinois requires every driver to have uninsured and underinsured coverage on their insurance policy.

If a driver hits you without insurance, your personal injury attorney can help you file a claim on your insurance policy. It is essential to have an attorney represent you in this type of claim. Even though it is your policy, the insurance company may attempt to limit your compensation.

You Only Have A Limited Time To File An Illinois Car Accident Lawsuit

While there are no limits on personal injury cases in Illinois, you have a limited time to take legal action. There is a statute of limitations of only two years for filing a personal injury lawsuit. This means you have only two years from the date of injury or the date you became aware of the injury. Therefore, you should immediately contact a personal injury attorney in Antioch.

 Speak To Our Antioch Car Accident Lawyers Today!

Were you in a car accident that was someone else’s fault? You might be entitled to a car accident settlement to cover your medical bills, lost earnings, pain and suffering, and more. Please contact one of our Antioch car accident attorneys at The Law Offices of Robert T. Edens, P.C. today at (847) 395-2200. Our attorneys also serve the communities of Palatine, Antioch, Chicago, Waukegan, Libertyville, and Woodstock. 

The Difference Between Workers’ Compensation And Disability Benefits

workers compensation

If you are injured and unable to perform your job, you could be entitled to several types of financial support, including workers’ comp and disability. What is the difference between the two? Keep reading to learn more. If you have questions about your benefits when you are injured, our Lake County workers’ compensation attorney at The Law Offices of Robert T. Edens, P.C., can assist you.

Workers’ Comp vs. Disability Benefits

Most employers in Illinois are required to offer workers’ comp insurance, including Six Flags Great America and the Volo Museum in Lake County, Illinois. Workers’ comp allows you to receive partial benefits when you are hurt on the job. While you will not receive your full salary, you can usually qualify for workers’ comp even if you were at fault. However, you cannot sue your employer for damages.

On the other hand, Illinois disability benefits offer weekly benefits if you are hurt when you are not at work but cannot do your regular job. The significant difference with workers’ comp is you are covered for illnesses and injuries for which your company would be liable. An example is carpal tunnel syndrome for people who work in an office. Disability benefits are not paid for by your company but can still provide some lost income.

You could be eligible for state disability and workers’ comp, depending on if your disability payments are higher than workers’ comp. If your company disputes if you should get workers’ comp, Illinois may provide you with disability payments until the matter is resolved. At that point, the state of Illinois would want its money back from your company or its insurance provider.

Worker’s comp offers temporary benefits until your injury or illness is possibly considered permanent. At that time, you may be eligible for permanent disability payments. However, benefits for state disability are only paid for up to one year from the date of injury.

Can You Get Workers’ Comp And Disability Simultaneously?

Technically, you may receive workers’ comp in addition to Social Security disability and private disability. However, your SSDI benefits payment will be reduced if you take workers’ comp. If you receive workers’ comp, the usual rule followed by the Social Security Administration is your combined benefits cannot be more than 80% of your average current wages before you were hurt.

What About Receiving Workers’ Comp And Unemployment Simultaneously?

This does not usually happen. For example, you are probably not eligible for unemployment benefits while getting temporary disability via workers’ comp in Illinois. But if your physician reports that you cannot return to work, you could get unemployment if your company states it does not have suitable work available.

Talk To Our Lake County Workers’ Compensation Attorney Now

If you have been injured at work and cannot pay your bills, you probably wonder if you qualify for workers’ compensation or disability benefits. To understand your rights, it is vital to speak to  a Lake County workers’ compensation attorney at The Law Offices of Robert T. Edens, P.C  Please contact us at (847) 395-2200 today. Our attorneys also serve the communities of Palatine, Chicago, Waukegan, Libertyville, and Woodstock. 

Can Medical Marijuana Be Used For Pain On Workers’ Comp?

medical marijuana

Cannabis became legal for recreational use in Illinois in 2020 under the Cannabis Regulation and Tax Act. However, state and federal laws on marijuana use continue to evolve. A common question in Illinois is whether you can use medical marijuana for pain while on workers’ comp. Learn about this important matter below. If you have questions about your workers’ comp case, an Antioch workers’ comp lawyer at The Law Offices of Robert T. Edens, P.C., can help you today.

Medical Marijuana Use In Illinois For Workers’ Compensation Claim

Some states allow medical marijuana reimbursement. However, Illinois still requires patients to have their physicians verify that they have at least one of 35 conditions to be prescribed medical marijuana. If you have been diagnosed with one of these conditions, you need ‘written certification.’ This means having a document that is dated and signed by a doctor that says you are likely to have comforting or therapeutic benefits from using medical marijuana.

If you successfully get written certification from your doctor, you can use medical marijuana for pain for your job-based injury claims. However, your doctor’s authorization will be necessary no matter how you decide to treat your pain and injury under workers’ comp.

Will Your Employer’s Workers’ Comp Insurer Pay For Medical Marijuana?

The Illinois Compassionate Use Of Medical Cannabis Pilot Program Act does not explicitly state that a workers’ compensation insurance company in Illinois will cover medical marijuana. However, some legal authorities believe the insurer will be mandated to do so when all requirements in the law are satisfied.

On the other hand, employers might argue that paying for medical marijuana for a worker’s pain is not reasonable or necessary. If your employer does not pay for medical marijuana, you may need to pay for it yourself. Or, you can contact a workers’ comp attorney in Antioch to consider legal action.

Can An Employer Refuse To Employ You In Illinois For Using Medical Marijuana?

Illinois employers are not allowed to discriminate against you for medical cannabis use. Just having a medical marijuana registration card is not a justifiable reason not to employ you. The company may continue enforcing drug policies to promote a drug-free workplace. The policy must be enforced in a non-discriminatory way, though.

There is some gray area in Illinois law regarding the use of medical marijuana during a workers’ comp claim. A workers’ comp attorney in Illinois can be a helpful resource to determine what your options are for pain treatment while on workers’ comp.

Talk To Our Antioch Workers’ Comp Attorney

Using marijuana for recreational and medical purposes in Illinois is an evolving issue. It is critical to be aware of how the law is changing. If you are considering using marijuana for pain while on workers’ comp, an Antioch workers’ comp attorney at The Law Offices of Robert T. Edens, P.C., can assist you with questions. Please contact us at (847) 395-2200 today. Our attorneys proudly serve Palatine, Chicago, Waukegan, Libertyville, and Woodstock.

How Regular Maintenance Can Help Prevent Bicycle Accidents

Bicycle accidents happen all the time. Unfortunately, some of them cannot be prevented when a driver is negligent, but other accidents are preventable with proper bicycle maintenance. Learn below about how to prevent bike accidents with maintenance. In addition, if you are hurt in a bicycle accident caused by someone else, our Palatine bicycle accident attorneys at The Law Offices of Robert T. Edens, P.C., may be able to help.

Check The Tires

One of the most neglected aspects of bicycles is the tires. While many bicycle road tires can last for months or years, it is essential to inspect them regularly and replace them as needed. The rear tire gets considerable wear because of weight and drive force. It is not merely overuse that wears out bike tires; age breaks them down, too. So even if you still have a lot of tread on that three-year-old tire, it may be about to fail because of age. Any biker knows that a tire failing during a ride can lead to a crash and severe injury. It can be very serious if you fly down a hill at 20 or 30 MPH. So, check your tires before every ride and replace them if worn.

Check The Chain

You could fall if the chain breaks, locks up, or falls off while riding. This can be a severe problem when riding down a hill or navigating in traffic. Therefore, before each ride, you should check your chain for signs of rust, looseness, and weak links.

Take A Look At Your Safety Gear

Sometimes accidents cannot be avoided. When they happen, your helmet could save your life. Unfortunately, many accidents happen so fast that you do not have time to protect your head. You should replace your biking helmet every few years. Also, if you are in an accident and the helmet hits anything, replace it immediately. If it is an older helmet, ensure that it is ANSI or DOT-approved and meets modern safety guidelines. Also, see if your knee and elbow pads are worn. Remember, your safety gear is no good if it is old and worn.

Align The Handlebars

Properly aligning the handlebars can assist with keeping control of the bike, especially during evasive maneuvers. Also, make sure the handlebars are adjusted correctly for your height.

Tighten The Saddle

You may have tightened the saddle last year. But if you ride enough, it can loosen. So the last thing you need is the seat to get loose while you ride. Remembering these basic safety and maintenance steps before every ride can prevent a crash. However, if a driver hits you and they are at fault, you should talk to a Palatine bike accident lawyer as soon as possible.

Speak To A Palatine Bicycle Accident Attorney Today

Were you injured in a bicycle accident in Palatine because of someone’s negligence? Whether the accident happened near Falcon Park Recreation Center or the Cutting Hall Performing Arts Center, you may be entitled to compensation for your injuries. The Palatine bicycle accident attorneys at The Law Offices of Robert T. Edens, P.C., are ready to help you. Please contact us at (847) 395-2200 today. Our attorneys serve Palatine, Chicago, Waukegan, Libertyville, and Woodstock.

Don’t Let Illinois Statutes Of Limitations Destroy Your Personal Injury Claim

If you were in an accident in Illinois, you can sue for your losses. It is important to act quickly in Illinois because there is only a limited time to file a claim. Learn about the Illinois statute of limitations for personal injury claims. Then talk to our personal injury lawyers in Woodstock for a free consultation.

The Illinois Statute Of Limitations Is Two Years

The statute of limitations in Illinois for personal injury claims is two years. This means that you have only two years from the date of the injury to file a claim. Therefore, you should hire an attorney quickly after the accident to ensure they have plenty of time to investigate your claim. Also, if you have a medical malpractice claim, the statute of limitations ‘clock’ starts on the date of the injury or when you become aware of it. However, if the victim of the injury was a child, The statute of limitations runs for eight years from the date of the injury. Therefore, you must file a personal injury claim no later than the person’s 22nd birthday. The judge may dismiss your case if the claim is filed after the child’s 22nd birthday.

Why Only Two Years?

Why is there a statute of limitations to file a personal injury lawsuit in Illinois? It is more challenging to prove your injuries in court. Evidence may disappear, and witnesses may die or move away. Also, people may lose or throw away essential documents and records to prove liability. Your attorney will attempt to prove your injury claim in court with the most compelling evidence possible. The longer the time between the injurious act and the start of the suit, evidence could melt away. Also, a two-year statute of limitations allows the defendant to move on with their lives without being afraid of a lawsuit years from now. Illinois state law requires you to file your claim in a reasonable period of time from the date of injury.

What Is The Discovery Rule?

There are injury cases in Illinois where the plaintiff did not know they were injured for years after the incident. This is where the ‘discovery rule’ comes into play. You may have more time to file a claim if you only discovered your injury after the statute of limitations expired. However, it is still important to file the claim as soon as possible because the discovery rule has a limited scope.

Contact Personal Injury Lawyers In Woodstock

Were you hurt in an accident recently caused by someone’s negligence? You could be entitled to compensation in a personal injury lawsuit. However, it is vital to contact personal injury attorneys in Woodstock before the statute of limitations expires. The personal injury attorneys at Robert T. Edens, P.C. can help you get maximum compensation for your personal injury claim now. Contact our Woodstock personal injury lawyers today at (847) 395-2200. Our attorneys also serve the communities of Chicago, Waukegan, Libertyville, and Woodstock.

With Workers’ Compensation Claims The Doctor Makes A Difference

Getting reasonable medical care is one of the essential aspects when you are injured in a workplace accident. That is why your doctor’s opinion is important in your claim. If you have questions about a claim, a Grayslake workers’ compensation attorney can assist you.

Why Is Your Treating Physician So Important?

The treating doctor for your workers’ compensation case carries tremendous weight during the claim. Unlike a medical professional who only looks you over once, the treating physician for your claim checks your injury recovery over time. This gives the treating physician a better grasp of your injuries, future treatments, and how likely you will fully recover. As a result, your physician will make several decisions during the claim:

Diagnosing And Treating The Injury

For you to receive workers’ compensation, you need a full diagnosis from the treating physician. Your doctor will also supervise the medical care for your injuries. For example, he will decide if you should have physical therapy or pain medications.

Referring You To Medical Specialists

The treating physician must usually sign off on referrals to specialists. For instance, he will need to approve a back surgeon for your back injuries is evaluating you. In addition, the treating physician plays a critical role by listening to you and advocating for necessary future treatments. Without this important information, you may not receive essential medical treatments.

Offering Evidence For The Claim

At every doctor’s appointment, your doctor will write medical records that provide evidence for the case. Therefore, it is vital that your doctor carefully document your injuries and treatments. Also, how he monitors your recovery will ensure the claims process is smooth. The doctor probably will need to provide sworn testimony about your claim, too. During a court hearing, your doctor’s opinion carries a great deal of weight.

Determining Level Of Disability

After you get to your maximum medical improvement, the doctor will determine if you have partial or total disabilities. His conclusions are critical for determining what your permanent benefits might be.

Determining Your Ability To Work

The doctor will decide how long you should be off work and receive payments. This gives you a chance for a full recovery and to receive wages. The doctor also will decide when it is safe for you to return to work. If you go to work too soon or do not have proper restrictions, you could exacerbate your injuries.

Contact Our Grayslake Workers’ Compensation Attorney Today

Being hurt in a workplace accident is upsetting and stressful. You cannot work or pay bills, so how will you get on with your life? Fortunately, a Grayslake workers’ compensation attorney can get you money for your medical bills and lost earnings. These funds may be vital to your recovery. The Grayslake workers’ compensation attorneys at Robert T. Edens, P.C. can help you get you as much money as possible for your claim. Contact us today at (847) 395-2200. Our attorneys also serve the communities of Chicago, Waukegan, Libertyville, and Woodstock.

Why Insurance Companies Don’t Like Paying Workers’ Comp Claims

You might want to file a workers’ comp claim if you were hurt at work. Unfortunately, many employers will fight a legitimate Illinois Workers Comp claim because they think a claim could increase their premiums. They also may want to prevent other workers from filing claims. Antioch workers’ comp lawyer can help you.

Companies Want To Reduce Insurance Premiums

Employers must pay an insurance company for workers’ comp coverage. Premiums are partially based on what the insurance company pays in claims. The claim costs could increase insurance premiums if you are out of work for three months and need two surgeries for a broken leg. Your employer may contest the claim. Further, if several employees file a claim quickly, insurance premiums may skyrocket. The employer might think that if they fight your claim, other workers will also think twice about filing.

Companies Want To Safeguard Their Reputations

The employer might fight your Antioch workers’ compensation claim because they fear the damage to their business reputation. If you suffered a severe injury or a permanent disability because of hazardous job conditions, this could damage the company’s reputation. If it is a public company, it could damage its stock value. As a result, company executives may tell their managers to deny workers’ comp claims as much as possible.

How Will A Company Fight A Workers’ Comp Claim?

The most common way they fight workers’ comp claims is by saying you are not hurt. Employers are often suspicious of claims that involve repetitive motion injuries. For example, if you have to lift tires every day at the auto shop and claim you have a back injury, the insurance company might argue your pain is minor. Some injuries that cause debilitating pain might not be evident on diagnostic tests. However, the pain and suffering you have are real. Another way the employer may fight your claim is by saying you were not acting within your job description when the accident happened. For example, if you work in a warehouse and were hurt on a forklift you do not usually use, they may say you were working outside the scope of your employment. Or, you were driving as part of your job by the Chicago Art Museum and Navy Pier when you were hurt in a car accident. Your employer might say you were not working when the crash happened. If you file a workers’ comp claim, there is a good chance your employer will contest the claim. Your employer’s primary interest is reducing expenses, including insurance costs. That is why hiring a skilled workers’ comp lawyer to represent you and fight for your rights is essential.

Contact An Antioch Workers’ Comp Lawyer Now

If you were injured in a workplace accident, you might have pain, medical bills, and be unable to work. How will you make ends meet? The Antioch workers’ comp lawyers at Robert T. Edens, P.C. can help you get maximum compensation for your workplace injury claim. Contact us today at (847) 395-2200. Our attorneys also serve the communities of Chicago, Waukegan, Libertyville, and Woodstock.

Can I Attend School While On Workers’ Compensation As a Teacher?

Teachers are in danger in schools from violent students, active shooters, poor maintenance, and an administration prioritizing student comfort over their safety. These underpaid and sometimes unpaid professional educators have to deal with challenging parents, students, and other stressors that can lead to mental illness and physical injuries. If you are injured during any of these altercations or accidents at school and wish to return while on workers’ compensation, you can claim disability.

Attending School as a Teacher While On Workers’ Compensation

If you were injured at school and your doctor says you can return with certain work restrictions, you can do so by claiming temporary disability benefits. Antioch workers’ compensation attorneys are dedicated to ensuring they get the compensation they deserve via successful workers’ compensation claims if their employers deny their claim. For example, say you injured your hip at school and had it replaced. Eventually, your doctor told you that you could return to school, but with restrictions, by claiming either temporary or permanent disability. You can claim the latter if your condition cannot improve further with treatment. Suppose the school doctor says you can work in your condition, but your employer refuses to reinstate you or accommodate you. In that case, you can and should sue for damages with help from Antioch workers’ compensation attorneys. As per Illinois law, they must reinstate you with restrictions or stay at home with two-thirds pay (under temporary disability). If your condition cannot improve further, but you can teach and claim permanent disability, your employer should accommodate necessary restrictions that can allow you to work. If they refuse, they can be held liable for back pay and other damages if you take them to court.

Responding To a Permanent Disability Claim Denial

If your permanent disability claim was denied, you could appeal the decision. First, understand why the decision was made – you may have missed a critical deadline, entered incorrect information in a form, etc. Ask for a copy of your claim file as well. It contains every piece of information that the insurance company used to examine your claim. Gather supporting evidence so the judge has all the information needed to make a ruling in your favor. If you are also receiving other benefits, such as Social Security Disability, make sure those documents (such as approval letters and benefit statements) are in your file. These will support your permanent disability claim.

Take Action Now! Contact Robert Edens For A Legal Consultation Today!

Contact Robert Edens to discuss your legal options if your disability benefits are denied, or the school refuses to reinstate you after you claim permanent disability. Bob will take a deeper look at your case to determine the strategy he will use to ensure you get maximum compensation for damages sustained. The Law Office of Robert T. Edens has been dealing with workers’ compensation claims for decades. No client is forced to sign contracts, and the first call is free. The advice will be priceless. Book a consultation today by dialing 847-395-2200. All meetings are 100% confidential, so you can rest easy knowing the information you provide is in safe hands.

What Is The Limit For Working While On Workers’ Comp?

While workers’ comp can ensure your medical bills are paid, and you don’t go in the red as you miss work during your recovery, your employer would want you to return when you are physically able to. The compensation will not be a substitute for your total time wages. You may sometimes need to return to work while on compensation. However, suppose your employer refuses to accommodate you at work by reducing your workload as you heal from your injuries. In that case, you can sue for damages with help from Lake County workers’ comp lawyers.

Returning To Work On Workers’ Compensation

No one wants to get just two-thirds of their paycheck forever. While some injuries may prevent you from returning to work, if you aren’t recommended bed rest, your employer may ask you to return in a limited capacity. But it would be best to take precautions so you don’t aggravate your health or condition. The good news is that Illinois workers’ compensation laws provide options for these scenarios so injured workers can return to work without losing their benefits. Here are some ways you can come back to work on a trial basis:

Ask Your Doctor

Ask your doctor to write and sign a release form for your employer that says you can return to work for a trial period (like for a month, for example). Make sure it states clearly that your return is for a brief period to see if you can work during your workers’ comp case. It should also mention that your doctor will re-examine you at the end of the trial period to determine if you are well enough to extend those days while your claim remains open.

Take On Light Duties

If your job may worsen your injuries, ask your employer to assign you lighter duties until you recover fully. Most employers allow this but pay a reduced wage. If that is the case, you may be able to make up the difference with temporary partial disability benefits. This is a wage loss benefit awarded to employees who return to work but earn less than pre-injury wages due to lighter duties. However, this doesn’t mean you should stop getting medical treatments while working. If you do, the insurance company may stop the benefits assuming you are fully healed. Consult your physician and experienced Lake County workers’ comp lawyers before you return to work full-time after recovering from a workplace injury.

Contact The Law Offices Of Robert T. Edens For A Consultation Today!

If your employer is forcing you to return to work while you are recuperating at home or denied workers’ comp, contact The Law Offices of Robert T. Edens to discuss legal options. Our Illinois workers’ comp attorneys in Antioch have been fighting for the rights of Illinois workers for decades and can ensure you get the maximum compensation you deserve. This includes lost wages from wrongful termination as well as additional damages. We can also help you get justice if your boss refuses to reinstate you after you recover from workplace injuries or refuses to reduce your workload, forcing you to leave. No one should work under that much pressure if they are injured! Book a confidential consultation by dialing 847-395-2200.

Ice Fishing Safety Tips For Illinois

Ice fishing can turn dangerous in a matter of moments. As per the Illinois Department of Natural Resources, anyone who wants to fish on ice should take all precautions to prevent deadly or fatal accidents. It can save your life.

Top X Ice Fishing Tips That Can Save Your Life

Whether you are going ice fishing at the start or middle of winter, follow these safety tips to prevent a fatal incident:

1. Share Your Plans with Family or Friends

Before heading out, make sure your family or friends know you are going ice fishing and your location. This includes the lake’s name, the fishing spot’s location, and when they can expect you back home. If you don’t return on time, this information can help rescue and emergency services to locate you.

2. Bring a Friend Along

NEVER go alone on an ice fishing trip. A friend or fishing partner can give you support you don’t realize you need. This includes an extra pair of hands in case you reel a large fish that may otherwise pull you under. They can also help you stay focused and alert authorities if you are injured or suffering from hypothermia.

3. Don’t Forget Your Fishing Spikes

Ice fishing spikes are two sharp objects that are connected by rope. If you fall into a hole in the ice or a frozen lake gives way beneath you, these will prevent you from sinking. Use them to punch a hole in the ice if you cannot find the hole you fell into. Follow the instructions in this video if you don’t have these spikes with you and fall in.

4. Examine the Ice Beforehand

A thin layer of ice is the only thing keeping you from the freezing water underneath your boots. So before you walk out onto the frozen water, check the ice’s thickness. There will be thin patches that look solid to the eye, so a cursory glance is not a good idea. Clear blue ice is robust, while white or honeycombed ice is typically fragile. Don’t go ice fishing if it snowed the night before. The snow will place additional pressure on the ice and insulate it, weakening the surface.

5. Dress in Layers

A puffy fishing jacket will not be able to keep the cold at bay, especially if the temperature drops significantly. Dress in multiple warm layers before heading out. This includes thermal underwear and bibs that can trap body heat. Protect your neck, head, and face with a thick scarf and wear boots and gloves designed to ward off the cold. Have you lost a loved one to the cold because of another’s negligence on a fishing trip? An Illinois wrongful death lawyer can help you acquire damages and peace.

Contact The Law Offices Of Robert T. Edens For A Wrongful Death Claim Today!

The Law Offices of Robert T. Edens has represented families in Illinois who have lost loved ones to negligence for decades. We understand the pain you are going through and have the knowledge and resources to help. If you are one of them, contact Illinois wrongful death lawyer Robert Edens for a consultation by dialing 847-395-2200.