Author: redjfg

All employers in Illinois must carry workers’ compensation insurance whether they have half-time or full-time workers. They can get a policy from any insurance company or get permission if they want to self-insure. There are certain exceptions. If your employer refuses to carry it, you can and should sue with help from Lake County workers’ compensation lawyers.

What is an ‘Employer’ as per the Illinois Workers’ Compensation Act?

The Illinois Workers’ Compensation Act (IWCA) defines an ’employer’ as the following:

• Any firm, individual, public/private company with people in service or under contract working for them.
• Illinois state, any of its counties, villages, towns, cities, townships, political bodies, schools, or municipalities.
• Any individual in business or enterprise undertaking work enumerated in the IWC.

What is an ‘Employee’ as per the Illinois Workers’ Compensation Act?

As per the IWCA, an ’employee’ can be any of the following:

• Any individual employed by an employer with a contract with the state or a government entity.
• Any individual who is serving the state or a government entity.

The Exceptions

There are exceptions. As per the Act, any individual working as a real estate broker, salesman, or broker-salesman paid via commissions may not be eligible for workers’ compensation. Corporate officers, business partners, sole proprietors, and limited liability company members are exempt from workers’ compensation requirements. This also includes independent contractors. The only exceptions are enterprises involved in hazardous work such as construction and trucking.

Workers’ Compensation Benefits

If your employer is eligible to provide these benefits, you will qualify for the following:

Medical Costs

All of your medical costs following a workplace accident will be covered.

Choice of Doctors

You can go to the doctor your employer recommends or other preferred ones.

Temporary Total Disability Benefits

You are entitled to a week’s wage if you need that time to heal from injuries. It is two-thirds of your average weekly wage.

Lump Sum Settlement

Also known as partial permanent disability benefits, these can compensate you if you lose the use of a body part. The body part will determine payment.

Permanent Total Disability

You get lifetime benefits if you cannot do any work or lose two of the same body parts to a workplace injury. It’s called permanent total disability benefits.

Lost Wages

If you cannot work as you heal from injuries, you get temporary total disability benefits or lost wages that are two-thirds of your weekly salary.

Job Training

You can get retraining for another job that you can do despite the disabilities resulting from a workplace accident. This is applicable if you cannot return to work because of those injuries.

Survivor Benefits

Heirs or dependents of workers killed on the job are eligible for workers’ compensation benefits.

Contact The Law Offices Of Robert T. Edens for Max Compensation

If your employer refuses to get workers’ compensation insurance and you get injured on the job, you can sue for damages and compensation. Contact The Law Offices of Robert T. Edens to discuss legal options today by dialing 847-395-2200. Our Lake County workers’ compensation lawyers have been fighting for victims’ rights for decades and have recovered millions in compensation. Get in touch with us before it is too late.

The Illinois Workers’ Compensation Act (IWCA) underwent changes this year, collectively called HB-1208. The revisions simplify the language and streamline the Commission’s hiring process.

Top Changes Made to the IWCA

Some of the revisions to the IWCA include the following:

Narrower Qualifications for Commission Appointees

As of April, only Illinois legal practitioners can be appointed to the Commission by the Illinois Supreme Court. They cannot discard that authorization or qualification throughout their employment term. Previous eligibility factors (such as arbitration for three years at the Commission or four years of professional labor) are not eligible anymore. These changes ensure appointees have experience as attorneys or in judicial roles.

Changes for Arbitrators

Rotations for arbitrators will now be four years maximum from the previous two years. The Commission also doesn’t have the authority to appoint them, and the Chairman has to provide performance reviews at their discretion. While this change means that those reviews will lessen in number, that can also lead to multiple reviews per year. The amendments increase efficiency so experienced arbitrators can work to their full potential in familiar jurisdictions. Rotating arbitrators will also benefit from this arrangement from an ethical standpoint. Besides these changes, the Self-Insured Administration Board was changed to the Self-Insurers Security Fund to account for administrative changes.

How to Determine If Your Workers’ Compensation Claim Is Too Low

The abovementioned changes to the Commission may streamline your claim by enhancing system productivity and efficiency. But you can also ensure you get the compensation you deserve with help from personal injury lawyers. They know when insurance companies are short-changing their clients with lowball offers. Here are some signs that they will flag:

You Receive a Quick Offer

Your first workers’ compensation offer should take a few weeks to arrive post-accident. If the insurance company sends one immediately, they probably hope you will ignore future costs. Your attorney can use these offers as a starting point to a better one you deserve. So always ensure that an experienced attorney reviews your offer first.

The Offer Is Sparse

A fair settlement should include your past and future medical bills, the wages you lose while recuperating from injuries, and other costs. In other words, the insurance company has to cover ALL losses you suffered, not just the ones they are willing to pay. It’s not up to them. If seasoned legal professionals handle the claim process, you may get a more significant settlement amount than you think you deserve. It’s why insurers ignore specific compensation categories hoping you won’t notice. So if you think they are trying to short-change you, talk to a seasoned attorney specializing in workers’ compensation claims.

Contact Robert Edens for a Consultation Today

Was your workers’ comp claim denied by your employer or the insurance company even though you deserve compensation? Contact the Law Offices of Robert T. Edens to discuss your legal options by dialing 847-395-2200. We will take a deep look at your case and then create a strategy that can work in your favor. We aim to ensure you get the maximum compensation you deserve and are not afraid of going up against powerful insurance companies.

Your car will perform differently during the winter. Winter car accidents increase tenfold as temperatures drop and snow/ice buildup on the roads. Drivers have a duty of care to drive safely on these roads, so you should hire Woodstock car accident lawyers after an accident.

How to Winterize a Car to Prevent Accidents

To prevent your car from skidding, rolling over, sliding, or crashing into other vehicles on the road during winter, winterize it using these tips:

Clean the battery terminals

Battery terminals and posts can accumulate corrosion. With time, the buildup prevents the battery from charging, making your car stall. You can prevent this from happening by clearing the corrosion. First, disconnect the negative and then the positive cable from the battery. Clean the posts using a cleaning tool or brush, and then clean the terminals using the same equipment. Make sure you really get in there. Acid and grease residue can do a number on a car’s battery. Use a paper towel if you have to. Once clean-up is done, place the positive and negative cables back into the battery.

Add lube to the window tracks

The cold can freeze your windows shut, and melting snow can also create drag as you open them. This can damage the regulator cables, which are not cheap to replace. Plus, stuck windows are the last thing you need when your car stalls in a winter storm. Prevent this by lubricating the window tracks using dry Teflon or spray silicone lubricant. Application is easy. Just lower the window and spray into the track. Lower and raise the window multiple times, so the lube spreads evenly across the tracks. Clean up the glass if there are any smears on it. Repeat for the other windows.

Check tire tread

Worn tire treads cannot create sufficient friction on the road to prevent your car from skidding if it hits black ice. To prevent winter car accidents, check your tires for tread wear. They should also be rotated each time the oil is changed. Check the tread using a penny. Just place it in the tire’s groove, making sure that Lincoln’s head is facing you. His head should not be visible when you put it on the tread. If it is, the tread has worn off significantly, and the tires should be replaced.

Replace the wiper blades with winterized ones

Typical wiper blades can collect snow, so they cannot clear your windshield properly. Winter wiper blades are designed to prevent this from happening. The whole blade is covered with a rubber case that deflects snow and ice, so it doesn’t stick. Just snap these winter wiper blades in place of your old ones, and you won’t have to pull over to clear your windshield.

Replace the air filter

A clogged cabin air filter can compromise the airflow in your vehicle via your heater. With time, it can strain the blower motor and make its resistor overheat. Replace the air filter before the winter to prevent this. You can get it from any auto parts store. Just ensure that the one you get is correctly oriented to your vehicle. Some models have a specific airflow direction.

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

If you were involved in a winter car accident and the driver of the other vehicle refuses to pay for damages, contact The Law Offices of Robert T. Edens today. We have experienced and dedicated Woodstock car accident lawyers on staff who can go up against their insurance companies if needed. We have recovered millions of dollars for our clients throughout the years.

Winter injuries can be quite severe. Falls and other accidents during this season can lead to broken bones and traumatic brain injuries and prove fatal. A slip can pull a muscle or twist an ankle even if you remain on your feet. In any case, you will be out for the count for a few days or months.

Top Winter Injuries and How to Avoid Them

Your employer’s job is to ensure you remain safe in your workplace, irrespective of the season. Grayslake personal injury lawyers will tell you the same and can advocate for you if your claim is denied. Prevention is better than cure in this case. Here are some of the top winter injuries you can avoid with some precautions:

Broken Bones and Sprains from Slip and Fall Accidents

Black ice is difficult to spot, and slipping on this sleek surface can leave you a crumpled, painful heap on the ground. The result is usually broken bones, back injuries, neck injuries, sprains, and severe concussions. The older you are, the more prone you are to these injuries, and your recovery time may also be prolonged.

How to avoid

The best way to avoid these injuries is to choose practical footwear. A good set of hiking boots will keep you on your feet on icy roads and pathways, provided you walk carefully. Sprinting is NOT recommended, and keep an eye out for potential hazards that can trip you or make you slip.

Hypothermia from Cold Exposure

Our core temperature drops rapidly if we remain in the cold for too long. If it drops below 95°F, hypothermia sets in and can prove fatal. Warning signs include:

• Loss of focus.
• Impaired thinking.
• Shivering.
• High pulse.
• Heavy breathing.

How to avoid

If you have to work outside for hours, make sure you have plenty of layers on and do not get wet. Plus, head inside every half hour to get your temperature back to normal before heading out again. Also, don’t drink on the job. Alcohol can hasten the onset of hypothermia.

Frostbite Following Hypothermia

When the body is exposed to low temperatures for prolonged periods, it starts to freeze. Exposed extremities such as fingertips, ears, and nose tips are the most vulnerable to this cold injury. These turn black and may have to be amputated. The first signs include:

• Clumsiness.
• Numbness.
• Cold skin.
• Discolored or blackened skin.

How to avoid

Protect your extremities with warm socks, hats, gloves, and other equipment that can prevent frostbite. If you think you are getting frostbite, get treatment ASAP. This includes re-warming, wound care, and pain control. You can avoid these winter injuries if your employer ensures staff safety with relevant precautionary measures. If you think their negligence caused your workplace injury and they refuse to provide compensation, hire Grayslake personal injury lawyers right away.

Contact the Law Offices of Robert T. Edens, P.C.

The Law Offices of Robert T. Edens P.C. has more than two decades of experience protecting the rights of personal injury victims through talented Grayslake personal injury lawyers. With offices across Illinois, we have the expertise and knowledge about local employment laws that can strengthen your claim. Contact us for a consultation today. We can develop a strategy to ensure you get the compensation you deserve. You shouldn’t suffer because of your employer’s negligence.

There is NO waiting period for workers’ compensation in Illinois. You get coverage from the moment you are employed as per the Illinois Workers’ Compensation Act (IWCC). The only ones exempt from this are business partners, corporate officers, and those who are part of limited liability companies.

Penalties for Not Carrying Workers’ Compensation Insurance

All employers in Illinois must carry workers’ compensation insurance for workers or suffer the consequences. If yours fail to do so, and you are injured in their workplace, you can sue them with help from a Waukegan workers’ compensation attorney. Your boss may also be charged with a Class 4 felony if they knowingly failed to carry this insurance. A conviction can include a three-year prison sentence and a fine of up to $25,000. They will also be charged an additional $500 for each day they don’t have insurance following the charge. This can go up to $10,000 minimum. If the employer was negligent in getting the insurance coverage, they could be charged with a misdemeanor. This charge carries the same fines but does not include a prison sentence. Corporate officers may also face liabilities for the same negligence.

What Your Claim Will Look like If Your Employer Doesn’t Offer Workers’ Compensation

If your boss offers workers’ compensation, you must report your workplace injury to them to start the insurance process. If they don’t hold any, on the other hand, you need to file an Application for Adjustment of Claim with the IWCC, complete with your employer’s name. Also, mention the State Treasurer on the application. It will ensure that the state knows you are filing for benefits even though your boss does not offer workers’ compensation. A Waukegan workers’ compensation attorney can help you with the necessary paperwork. It will differ from those required for a workers’ comp claim. Before applying, make sure your employer doesn’t offer insurance by reviewing the company policy. Some employers tell workers they don’t provide it, so they would not file. They have insurance but don’t want to report it to keep premiums down. Use this tool to find out if your employer has the insurance or not, or go through IWCC’s website.

Who Isn’t Covered By Workers’ Compensation

As mentioned previously, some businesses are exempt from providing workers’ comp via a 1099 form. These include:

• Independent contractors.
• Freelancers.
• Consultants.

These individuals must file their own income tax, so their employers don’t have to cover them. Federal employees such as railroad workers are also exempt from the coverage since they have an alternative. They must file for compensation via the Federal Employers’ Liability Act (FELA). Farm laborers may also be exempt from insurance coverage and can get paid via the Federal Employees Compensation Act (FECA).

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

If your employer keeps denying your injury claim or doesn’t offer workers’ compensation, you need a Waukegan workers’ compensation attorney to get the compensation you deserve. Contact us at The Law Offices of Robert T. Edens for a consultation today. We have been fighting for the rights of injured workers in Illinois for over two decades and have recovered millions in damages for them.

From 2017 to 2018, there was a massive increase in electric scooter injuries and admissions. To reduce accidents, pollution, and traffic, Chicago introduced the eco-friendly mode of transport by launching a shared scooter program in 2019 and 2020, but it did little to curb the tide. While many were excited about it, the electric scooters were hazardous for riders, pedestrians, and other motorists. An Illinois personal injury attorney will tell you that there have been several serious injuries and even deaths because of these scooters. But their numbers have only increased in the streets. Since they are common on the streets, filing lawsuits against the companies that rent electric scooters has become the norm.

Why Electric Scooters Accidents Have Increased

Standing electric scooters don’t require docks and can be moved easily compared to larger bikes. These are easy to get around on and can reach speeds of up to 15 miles/hour. Rentals offer these scooters to customers with the benefit that they can leave them anywhere and don’t need to get screened to rent one. Plus, there is no training or supervision on how e-scooters are ridden, so accidents are common. When these were first introduced in 2019, many people complained that they were left on sidewalks presenting serious hazards to pedestrians and bicycle riders. While e-scooters are not allowed there, most people ignore those rules. In response, rental companies introduced geo-fencing technology, which detects when someone rides these scooters on sidewalks. In Chicago, companies are designing scooters that can be locked to poles. However, these bikes are also readily available for rent in bike lanes and don’t require skills or a special license to operate. You don’t even have to interact with a customer service rep. You can take one for a ride on a whim and whether you know how to ride one or not. An Illinois personal injury attorney believes that since there is a lack of accountability for e-scooter injuries in Illinois, victims may have to pay out of pocket to treat injuries and take care of damages. The mode of transportation will be reintroduced this year but with certain restrictions.

Taking Legal Action after an Electric Scooter Accident

Scooter accidents can take several forms – a rider may run over a pedestrian or ram into a bicyclist or another vehicle. The fault may or may not lie with them. In some cases, they may be victims of negligent truck drivers, speeding cars, drunk drivers or defective designs. If you were a victim for these reasons, you might be entitled to monetary compensation from the negligent parties.

Get in Touch with The Law Offices of Robert T. Edens for a Consultation Today

Were you injured by an electric scooter while you were outside or fell from one while trying to ride it? An Illinois personal injury attorney from The Law Offices of Robert T. Edens can help you make a strong case. We have a team of professionals working 24/7, aiding people like you with such personal injury claims for over two decades. Contact us for a confidential meeting today at (847) 395-2200. We will ensure you don’t have to pay out of pocket for damages.

If the insurance company denied your personal injury claim and you think they made a mistake or denied it unfairly, you can file an insurance dispute. Illinois insurance dispute lawyers will advise you to take immediate action to reverse the decision. First, take a look at the fine print of the insurance policy. It may contain information you missed, which caused the denial. You can find out why it was denied, but the good news is that a rejection is not set in stone.

What You Can Do To File an Insurance Dispute

If you think your personal injury case was misrepresented or insurance was unjustly denied, there are some steps you can take to get what you are eligible for. You can work with the insurance company to reach a decision you are happy with. Here are some things you can do:

Appeal the claim denial

If you believe the personal injury claim was denied by mistake, you can appeal the insurance company’s verdict via a process already in place. To appeal:

Gather evidence

Take a look at any of the documents provided by the insurance company and the evidence required as proof for the appeal. This includes eyewitness information, police reports, medical reports, pictures, and others. Make sure you give copies to the insurance company and keep the originals.

Write an appeal letter

Your appeal letter should detail why you disagree with the insurance company’s rejection. This includes explaining the significance of the information you provided, mentioning policy information, and the claims denial letter.

Hire Illinois insurance dispute lawyers

Consider hiring an attorney who specializes in insurance disputes. They can review the case and consider aspects that are not apparent to you. This includes ensuring the appeal application has all the supporting documents required for a successful result. They can also draft the appeal letter for you. A letter signed, sealed, and delivered by a law firm has more influence than a civilian’s. Most claim denials are valid and the result of mistakes made by applicants rather than insurance companies. But just because yours was denied doesn’t mean you have to pay out of pocket for medical costs, property damage, vehicle damages, and others. Once you file an appeal letter, the insurance company will first determine its validity. The decision may be reversed if you have professional and dedicated Illinois insurance dispute lawyers in your corner.

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

Has your injury claim been denied unfairly, or is the insurance company refusing to pay even though you have a valid claim? They have the money – they place profits over the people they serve. Their CEOs earn millions of dollars each year from the cost of premiums you give them. If you think your claim was denied unfairly and want justice, contact the Illinois insurance dispute lawyers at The Law Offices of Robert T. Edens today. We have recovered millions of dollars in compensation for our clients and can also help you. Contact us for a detailed and confidential consultation today! We will assign a lawyer to your case who can ensure you have the documents you need to get compensation.

While workers’ compensation coverage is essential for every business in Illinois, your employees can also take advantage of it. It is supposed to provide injured workers with a safety net in case they fall seriously ill or are injured so severely they cannot perform their job duties. Antioch workers’ compensation lawyers will tell you that, like other types of insurance, it is susceptible to false claims, which can result in thousands of dollars in losses for your business.

Types of Workers’ Compensation Fraud

You can protect your business from insurance fraud by looking for common signs. It happens when an employee knowingly accepts or acquires workers’ compensation benefits that they are not entitled to. Some common examples include the following:

• Filing a claim for an injury that they did not sustain at work.
• Misrepresenting the seriousness of their injuries.
• Misrepresenting their work status while getting temporary benefits from their claim.

A recent case regarding actor Q’orianka Kilcher is a case in point. The Alienist star ran into some legal issues with LA County when she was charged with workers’ compensation fraud. She allegedly collected over $90,000 in disability benefits that she was not entitled to while working on the Paramount show Yellowstone. The actor claimed that she could not take on other roles because of head and neck injuries sustained on the set of Dora and the Lost City of Gold. Kilcher stopped responding to the insurance company handling her claim for her employer and stopped her doctor’s recommended treatments. But she returned to the doctor five days after the show wrapped to receive disability benefits. The case has been registered in court.

How to Prevent Workers’ Compensation Fraud

Protect your business from workers’ compensation fraud by following these tips: Most workers’ compensation insurance carriers have special departments that look into such fraudulent activities. Most investigations reveal said activities when they are reported for the first time. Prevent these issues from cropping up by speaking transparently with employees about them. Make sure they know that they are expected to report such cases and the options they can use to do so if they are uncomfortable speaking to management. They can also report fraud without revealing their identity to the Department of Labor. In other words, ensure your workers know that workers’ compensation fraud is a matter that your company does not take lightly so they can report questionable behavior proactively.

Conduct thorough investigations

Irrespective of a case’s circumstances, ensure you complete an incident investigation report surrounding a workplace injury or illness matter. By understanding the root case, you can prevent future incidents and also expose inconsistencies or suspicious information. If a worker is faking an injury, a detailed examination should expose them. Some of the details you should collect include:

• The name, title, and hiring date of the employee.
• The seriousness of the injury.
• The time the incident was reported.
• Any property damage that resulted from the accident.
• Who the incident was told about and when.

Among other information, your insurance company can tell you to collect.

Contact the Law Offices of Robert T. Edens for a Consultation Today

If you or a colleague have been wrongly accused of workers’ compensation fraud or your employer refuses to take responsibility for a workplace accident, contact Antioch workers’ compensation lawyers at the Law Office of Robert T. Edens today. We have more than two decades of experience fighting for the rights of Illinois workers like you who are frustrated and about to give up. We will continue the fight for you and ensure you get the compensation you deserve.