Our deepest condolences go out to the family, friends and fellow officers of “G.I. Joe” Joe Gliniewicz. Joe, a 1981 graduate of Antioch High School was a Fox Lake police officer killed in the line of duty last week. He was and will continue to be a very important part of our community.
Injuries in the workplace can be severe and require immediate medical attention. During the stressful time of obtaining the necessary care, the last thing an injured worker wants to hear is that they’ve been denied workers’ compensation benefits because of their employee status. Many workers are happy to have a full-time job that pays the bills and are not even aware they are classified by their employer not as a full-time employee, but as an independent contractor. Unfortunately, as in any time of economic turmoil, many employers falsely label workers as independent contractors to save money on benefits and insurance costs, including workers’ compensation insurance premiums. Luckily, there are steps that workers can take before and after they suffer an injury in the workplace to protect themselves and ensure that they are classified correctly.
Independent Contractor versus Employee
Under Illinois law, companies who have just one employee must carry workers’ compensation coverage. However, employers who hire independent contractors do not have to carry such insurance for those workers. Independent contractors are defined as persons or businesses who perform services for another person under an express or implied agreement and who are not subject to the other’s control, or right to control, the manner and means of performing the services. These types of agreements specifically exclude independent contractors from being classified as employees.
Misclassification
Misclassifying an employee as an independent contractor is against the law, yet many workers do not discover the error until they have some reason to collect on the employer’s insurance, such as after a workplace accident. If it is discovered that an employer has misclassified its employees, however, stiff penalties can apply so many employers are careful not to draw attention to this “error.” Employers in the past have been found to engage in highly unusual behavior to help their insurance fraud go unnoticed, such as paying out of pocket for any worker’s injury, or falsely claiming that an injured worker has been performing poorly so that he or she may be terminated.
Denial of Benefits
Oftentimes a worker who is injured is not seeking anything more than to heal and return to work. Whether they are classified as an independent contractor or employee does not seem important so long as it does not affect the number of hours they work or their take home pay. However, when they are injured doing the work that they were hired to do and their employer does not provide the support they need to return to work, misclassification comes to the forefront of their concerns. Luckily, denying workers’ compensation benefits by engaging in fraudulent misclassification is not lawful and employees can seek to have their rightful benefits provided to them through the workers’ compensation system. Workers have the right to appeal any denial of benefits to the Illinois Workers’ Compensation Commission. The worker can obtain the benefits he or she is entitled to plus interest in some cases.
If you or someone you love has been injured at work and their employer is refusing to provide the benefits they deserve, contact the Law Offices of Robert T. Edens, P.C. in Antioch today. Our skilled attorneys can help guide you through the workers’ compensation system and help you obtain the peace of mind you need to help your family heal.
In states across the country, there is a battle going on between doctors, their insurance companies, and the patients/clients that both are supposed to serve. In states like Wisconsin, it seems that doctors and their medical malpractice insurers are winning that battle. While it is arguable that doctors should not fear lawsuits when administering care to patients, they also should be held accountable when they act in a way that is negligent or fail in their duty to do no harm to those patients.
The biggest problem with the medical malpractice conundrum, however, is that it seems that the battle has been fought in the legislatures, rather than the courts as cases have dropped to a record low. This does not mean that someone who is injured by a doctor’s negligence should give up. It just means that it is more important than ever for injured patients to consult with a legal professional about their case so that they can fully understand the pros and cons of going forward with a claim.
Caps on Damages
One of the ways that legislatures control what they believe to be problematic cases is by implementing damage caps. These caps limit the amount an injured party can recover in a lawsuit, and they vary by state. Essentially, members of Congress decide that they know better than juries when it comes to how much an injured victim can recover from a negligent doctor. In Wisconsin, the statutory damages cap on medical malpractice cases for non-economic damages is $750,000 per incident. There are no caps on economic damages.
Types of Damages
Non-economic damages are by their nature difficult to quantify. Examples include pain and suffering, emotional distress, and loss of enjoyment of life. These types of damages are intended to place a monetary value on a non-monetary loss and are highly subjective. It is these types of damages that are splashed across newspaper headlines, and that are most cited to by proponents of legislative caps. Economic damages are those that are more readily apparent and able to be calculated, such as the cost of receiving medical treatment, lost income, and lost earning capacity. These types of damages do not have a capped limit in Wisconsin, but victims will need to be able to show how any requested award was calculated. Anyone who has been injured by a doctor’s negligence should keep in mind that the latter types of damages accounts not only for the costs of past medical care, but also what can reasonably be projected to be incurred for future care as well.
If you or someone you love has been injured by a healthcare professional’s dereliction of duty or gross negligence, call the Law Offices of Robert T. Edens, P.C. in Chicago today and speak to an attorney about your case. Do not let a doctor or insurance company cheat you out of a fair settlement for your injury. Call today as our attorneys have experience with medical malpractice cases and can discuss your options for recovery.
Early Wednesday morning on Route 173 near Antioch, a motorcyclist was struck and killed in a hit and run crash. The woman originally left the scene of the accident but turned herself into authorities about 6 hours later.
Robert Edens is an Antioch motorcycle and auto accident lawyer representing injury victims throughout Lake County, Illinois. Contact Bob today at (847) 395-2200 for a free consultation.
As every American knows, dog bites are not on the list of favorite things as sung by the children in the Sound of Music. In fact, they are (along with bee stings) in the list of reasons why we have to remember our happy list. While the song is a beloved favorite of generations of Americans, it also trivializes what can actually be a severely debilitating incident. Some people who are bitten by dogs in their youth often grow up to be afraid of all dogs, which means that the impact of that one incident carries consequences far into their future. Ensuring that a person who is bitten by a dog receives the proper care can be the difference between them fully recovering and being affected for life.
Dog Bite Injuries: Generally
Many people may not realize that animal bites, and dog bites in particular, require immediate medical attention. According to one study, dog bites account for more than 90% of all animal bites in the United States. What is even more troubling is that dog bites can typically lead to deep tissue or muscle damage that requires reconstructive surgery to fix, if it can be repaired at all. Adding to this information is the fact that a dog bite, unlike a cut or scrape, means that the animal’s teeth are breaking through the protective layers of a person’s body, which allows any bacteria in the dog’s mouth to be transferred easily to the bloodstream and tissues of the victim. Without thorough cleaning, these bacteria can lead to serious infection that may or may not be treatable down the road.
Recovery
Luckily for anyone who has been the victim of a dog bite, there are laws in place to protect them. Most states, Illinois included, have dog bite statutes that provide guidance as to who is responsible for the dog’s actions, and how much a person can recover to help them receive medical care so that they may begin the healing process. According to Illinois law, a victim may bring a lawsuit against the owner of the dog that bit them within two years of the incident to recover damages. The victim will need to be able to prove that the dog attacked or injured them, that they were not trespassing, and that the animal was not provoked. The law also protects someone who was not bitten, but was still injured by a dog’s actions (i.e. injured after being knocked down by a dog while walking on the sidewalk).
Dog bites can cause very serious and long-lasting injuries. Don’t let someone’s pet cost you thousands of dollars in medical bills. If you or someone you know has been bitten or injured by someone else’s dog in Grayslake, call the Law Offices of Robert T. Edens, P.C. today for a consultation. Our professionals have over 20 years of experience working on personal injury cases, and can help you obtain the money you deserve to help you get back on track.
On Sunday in unincorporated Lake County a passenger jumped from a moving vehicle and is in critical condition after sustaining numerous injuries. According to police, at approximately 1:30 pm the Lake County Sheriff’s Office responded to a reported accident near North Lake Avenue and Route 173 near Antioch. The passenger was transported to Advocate Condell Medical Center.
The Law Offices of Robert T. Edens is an auto accident law firm representing injury victims in Lake, McHenry and Cook Counties. If you or someone you know has been injured contact us at (847) 395-2200 for a free consultation.
The rankings for the worst cities to drive in have just been released, and Chicago ranks near the top, which is actually the bottom. According to a study conducted by a personal finance site, Chicago ranked 93rd out of a study of 100 of the country’s most populous cities for bad driving conditions. While this study was meant to highlight how much is spent by the average commuter across 100 cities, it can also serve to remind motorists of the dangers they face each and every day they choose to travel by car.
Blame It On the Rain
As every commuter knows, a day can go from ‘on-time’ to gridlocked within mere minutes if there is some form of weather pattern wreaking havoc on the roadways. What happens if a sudden rainstorm occurs, causing traffic to slow down, and the car behind you does not stop in time? These types of accidents are very common, especially for commuters. Considerations that a driver will face after an incident may include whether to stop and immediately survey the damage, pull to the side of the road, and what to do if the other driver chooses not to stop.
Be Commuter Conscious
Being conscious of your surroundings is essential for drivers who are involved in an accident while driving on a busy highway. In order to limit the number of potentially costly mistakes made during the immediate moments following an incident, a driver must first assess the traffic around them. If possible, the car should be slowed down gradually and not stopped immediately in the middle of the road as that could cause more damage. Also, moving an accident to the side of the road, if possible, is almost always preferable to staying in the middle of traffic. Hopefully at this point, all cars involved in the accident have moved to the side of the road.
Here, it is crucial for a driver who was hit by another motorist to assess the damage. Conducting a walk-around of their car and the car that hit them can be the first step to making sure the truth is what controls the story moving forward. Remember, the other driver will be thinking the same way and wanting to control the story that is told to police, insurance and a court if necessary, to try to mitigate the liability that he or she is facing. Also, remember that your smartphone can be your best tool to collect evidence on the scene before the police arrive to make their report. Take pictures of any and all damage to all vehicles involved in the accident, and save them in a safe place until all potential litigation is over, and liability is established.
Need Help?
While the first call after a non-life threatening car accident is often to the police, it may be a good idea to have a good attorney on the phone as well. Knowing what to do in the immediate moments after an accident can be the difference between recovering what you’re entitled to, and the liable party getting away. If you need help following a car accident in Waukegan, call the Law Offices of Robert T. Edens, P.C. today.
According to authorities on Tuesday a man from Johnsburg was fatally struck by two trucks. The man was said to be walking east on Route 120 near Kent Road in McHenry when he was struck by a truck. According the the news release after being hit the man was able to get up and continue walking when he was then hit by a semi-trailer and fatally wounded.
The Law Offices of Robert T. Edens is a McHenry personal injury and accident law firm representing clients throughout all of McHenry county and surrounding areas. For a free consultation, call today at (847) 395-2200.
the accident.
With one swift flourish of a pen, Illinois governor Bruce Rauner ushered in more happiness to after-work bar scenes than the state has seen since happy hours were banned in 1989. As any traveler to the state knows, walking into a bar in any town and asking about the “specials” was often met with a shake of the head and a full-price bar menu. It is important for anyone living in or visiting Illinois to know how this law may affect them, and what legal consequences may follow its implementation.
Lifting of the Ban
Illinois banned bars and restaurants from having designated ‘happy hours’ by legislation in 1989. The law was passed in an attempt to curb drunk driving and other alcohol-related issues. Not only did this law prohibit the designation of happy hours, it also prohibited alcohol-food pairings, such as a “burger/beer dinner special.” The thought behind a total ban on happy hours and other types of alcohol specials is that such promotions encourage bar patrons to drink more in a shorter period of time so that they get the most “bang for their buck.”
Proponents of the previous ban on happy hours and other drink specials cited to increases in alcohol-related problems such as increased rowdy behavior, property damage, and drunk driving incidents in their attempts to defeat the new legislation. Studies, however, did not necessarily show any significant decrease in these types of behaviors with the removal of drink specials around the time Illinois implemented the ban. One such study, conducted in Ontario, Canada, found that there were no significant pre-ban versus post-ban differences in alcohol consumption by its bar patrons, and no significant differences in aggregate alcohol sales. Whether this will ring true in Illinois now that the ban is lifting is the question on many people’s minds as the effects of the law begin to be seen.
Legal Issues
As the new law takes hold and more establishments begin to roll out drink specials to entice customers to open their wallets, patrons and bar owners alike should be cautious to avoid any related legal troubles. Bar owners and employees should be sure that they are aware of Illinois’ dram shop law, which can be used by someone injured by a drunk patron to recover damages suffered as a result of the sale of alcohol to that person. Along those same lines, patrons who are eager to take advantage of the new alcohol specials should use caution and drink responsibly so as to avoid the potential losses associated with drinking and driving. Anyone who has been injured by an individual who took advantage of a newly created happy hour should be aware of their right to monetary damages that can help them on their path to recovery. Illinois’ personal injury statutes were designed to protect citizens who are injured due to no fault of their own, regardless of whether the fault lies with a bar owner, irresponsible patron, or both.
Questions?
If you or someone you know has been injured by someone who took advantage of their local bar’s new happy hour or specials, call the Law Offices of Robert T. Edens, P.C. in Antioch today. We can discuss the legal issues surrounding your injury and help you obtain the compensation you deserve.
A motorcyclist is in critical condition after an accident involving a SUV on route 59 in Ingleside on Sunday. Authorities said the motorcyclist was going northbound on Route 59 near Wilson road when a Jeep struck the motorcycle while attempting to turn left. The critically injured motorcyclist was taken to Advocate Condell Hospital in Libertyville.
Robert Edens is a Lake County personal injury lawyer who has represented individuals who have been injured in motorcycle accidents. Contact us today at (847) 395-2200 for a free consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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