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How Personal Injury Awards In Illinois Are Decided

Personal InjuryAs a personal injury victim, you are entitled to an amount from the negligent party based on the extent of the damages you suffered. By “damages”, we mean measurable harm that you sustained because of a personal injury. These can vary from one case to another. An experienced Antioch personal injury lawyer can analyze the harm you suffered and calculate appropriate damages.

Common Personal Injury Damages You Can Claim 

Some of the common personal injury awards you can claim as per the extent and type of your injuries include the following:

Economic Damages 

As is apparent from the name, economic damages refer to financial losses you may suffer because of your injuries. Besides your medical bills, this includes wage loss as you find yourself unable to fulfill most, or all of your work duties post-accident. It can also include expenses that cover rehab and loss of earning capacity as you are forced to take on a less-taxing job if your disabilities are permanent. 

How it is calculated 

An Antioch personal injury lawyer can quickly and easily calculate economic rewards for personal injury settlements. They need to add up all of the financial losses you are going through. So, for example, if you have a $30,000 medical bill, spent $10,000 in rehab, and suffered income loss amounting to $10,000, the damages will total $50,000. 

Non-Economic Damages 

Non-economic damages refer to the harm you may undergo because of the accident. These are not quantifiable. Besides pain and suffering, this can also include emotional (depression, anxiety, and PTSD) and physical pain (headaches, nerve pain). 

How it is calculated 

Determining non-economic damages is not as straightforward as economic damages since they aren’t tangible. Placing a price on someone’s pain and suffering is a monumental task. In this case, a jury will decide how much it is worth, but they are given few guidelines to do so. Both parties usually recommend an amount, but the jury does not have to pick one side. An Antioch personal injury lawyer will consult with you before putting an amount forth. 

Punitive Damages 

Punitive damages are not meant to compensate victims but to punish the defendant for highly egregious behavior. The funds from these damages are usually paid to the state, not the victim. 

How it is calculated 

There is no cap as to the number of punitive damages that can be demanded in Illinois. They are eligible for any situation where a defendant exhibits intentional or extremely negligent actions that harmed the plaintiff. Calculating it falls to the court. 

Contact The Law Offices Of Robert T. Edens, P.C. For The Compensation You Deserve 

If you have been injured because of someone’s negligence, you deserve to get maximum compensation. In this case, an experienced Antioch personal injury lawyer from The Law Offices of Robert T. Edens, P.C. can prove invaluable. We have more than two decades of experience protecting the rights of accident victims such as you and we ensure you get the compensation you deserve. The longer you wait, the more complex your case can get. Get in touch with us for a consultation today!

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What Are the Four Types of Workers’ Compensation Benefits?

Workers CompensationWorkers’ compensation ensures employees who are injured on the job are taken care of and don’t have to pay out of pocket for their medical bills. If you were harmed during work, you are owed four types of workers’ compensation benefits depending on your state post-accident. These can include salary benefits, vocational rehab, and medical coverage.

Top 4 Types of Workers’ Compensation Benefits

Some of the workers’ compensation benefits you may be entitled to include the following:

1. Temporary Total Disability

If your doctor says you have to practice certain restrictions at work or gives restrictions that your employer cannot ignore, you are eligible for temporary total disability (TTD) benefits. The payments are two-thirds of the gross average weekly salary you earn over the last 52 weeks before the day of your injury.

2. Temporary Partial Disability

Say you can return to work after your workplace accident, but your injuries force you to work in a lower capacity. In this case, you may have your hours reduced, take on achievable or less-demanding roles or even earn a lower salary. In this case, you are eligible for temporary partial disability (TPD) benefits.

These benefits are two-thirds of the difference between your original and existing (post-accident) average weekly income. The amount cannot exceed $450/week, and it is usually paid for 350 weeks starting from the day you were injured.

3. Permanent Partial Disability Benefits

If you get a permanent disability because of a workplace accident but do not get the above benefits, you may be eligible for permanent partial disability (PPD) benefits. Employers in Illinois have to pay these benefits to workers who suffered from physical impairment, amputation, or disfigurement caused by a workplace accident.

It is usually paid to workers who have reached maximum medical improvement. These benefits are calculated as per the degree of disfigurements such as burns, cuts, abrasions, skin grafts, loss of skin, etc. You and your employer have to establish the number of weeks for benefits, and if you cannot agree, an IWCC arbitrator can. The maximum number of weeks you can get is 162. The established duration is multiplied by 60% of your weekly wages to determine the total amount.

4. Death Benefits

If a worker dies because of a workplace accident or from injuries/illnesses sustained from workplace practices, their dependents may qualify for death benefits. These are income replacement benefits that include funeral and burial expenses.

Important note – A workers’ compensation lawyer in Waukegan will tell you that pain and suffering damages are usually one to three times the cost of your medical bills and lost wages.

Contact Robert Edens for a Consultation Regarding Workers’ Compensation Benefits

Getting appropriate workers’ compensation can be a challenge. The process is quite complicated, and your claim can be denied for several reasons unless you hire an experienced workers’ compensation lawyer in Waukegan from The Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you in Illinois for decades and know what it takes to ensure you get the compensation you deserve. Get in touch with us for a consultation today!

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What Is The Average Payout For Workers’ Compensation In Illinois?

workers compensationA work injury, or even an occupational disease, can disrupt your life, health, finances, and overall wellbeing for years. Workers’ compensation is an insurance system designed to compensate you for these losses if you are injured in a workplace accident. The benefits or payout you receive will depend on your existing condition and wages before you were injured.

Determining a settlement for a work-related injury can be a challenge without help from Antioch workers’ compensation lawyers. That’s because you need to consider several factors to determine the total amount. The compensation usually covers reasonable medical care that you need in order to recover from your injuries.

Determining the Average Payout for Workers’ Compensation

Your Antioch workers’ compensation lawyers will evaluate your case based on certain factors before they come up with a compensable payout:

Scheduled injuries

As per Illinois law, you can receive compensation for the maximum number of weeks for different body parts injured at work. Here is a complete list you can go through. You can determine the total compensation you are owed by multiplying 60% of your average weekly salary by the total number of weeks for the injured body part. Here is an updated list of maximum and minimum weekly benefits for workers’ compensation in the state you should also look into.

Loss of Ability to Perform a Task

Compensation for loss of ability post-injury is calculated differently. The loss percentage is multiplied by 500 to determine the number of weeks of compensation for the worker. These are then multiplied by 60% of the worker’s weekly average salary.

Wage Differential

If a workplace injury forces the worker to accept another job that doesn’t pay as much as the old one, they are owed two-thirds of the wage difference between the two.

Why Workers’ Compensation Calculators Don’t Work

No matter how accurate an online workers’ compensation calculator may seem, they are far from accurate. Some insurance companies try to dupe their policyholders into using them to fool them into accepting a lower claim.

The issue is obvious – these calculators are biased in favor of insurance companies. Too many factors are involved in calculating compensation. An automated solution cannot determine an exact amount. You need to wait till you reach maximum medical improvement (MMI) before your Antioch workers’ compensation lawyers can determine a precise settlement value. They will discuss all aspects of your claim before they tell you about the payout you are entitled to.

Contact The Law Offices of Robert T. Edens for a Consultation

The Law Offices of Robert T. Edens have represented workers whose compensations have been denied by insurance companies and employers for years. We have more than two decades of experience fighting for their rights and can also get you the compensation you deserve.

So if you or someone you know has been injured at work and their workers’ compensation has been wrongfully denied, get in touch with us for a consultation today. We will take a detailed look at your case before creating a strategy that can work for you. We have recovered millions for our clients and are confident that we can do the same for you if need be.

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How a Helmet Can Save Your Life in a Bicycle Accident

bicycle helmetWhether you ride a bicycle for leisure or sport, a helmet is an essential piece of safety gear you cannot ignore. Besides preventing traumatic brain injuries, wearing one will also make you more visible on the road so you can avoid a bicycle accident.

How Bicycle Helmets Work

A bike helmet has a hard outer shell and a soft lining inside. The former protects the head if you fall by spreading the impact area and thus, prevents head injuries. The smooth outer shell allows the head to slide across the impact surface without making the neck jerk. The soft lining limits the impact by absorbing the force of the accident. Both work together to reduce the impact on your head, which may otherwise lead to a fractured skull, brain bleed, or worse.

How to Choose A Bicycle Helmet

Experienced Antioch bicycle accident lawyers will tell you that your helmet choice should depend on its specific use. For instance, a BMX cyclist will have a sturdier helmet than one who rides their bicycle for leisure on the road. Whether you are the former or the latter, follow these general tips as outlined by the Centers for Disease Control and Prevention to choose a suitable helmet:

  • Make sure the helmet fits snugly over your head. There should not be any spaces between the foam and your head inside. Get a looser one if the helmet squeezes your head like a vice. A tight fit will cause headaches, increasing your chances of getting into an accident.
  • The helmet size can differ between manufacturers. So whether you know your size or not, always try one on before buying it.
  • Check the recall date on each helmet beforehand. If it has the US Product Safety Commission (CPSC) label, that means it passed federal safety standards and crash tests successfully.

When Should You Replace a Bike Helmet

If you are involved in a bike crash, get a new helmet afterward, even if your existing one looks undamaged. Hidden damage such as compressed foam or cracks can compromise its structural integrity to the point that it won’t be able to protect your head later. For the same reason, never buy a second-hand helmet from friends, online, or any place for that matter. You don’t know what it has been through and the damages it may have sustained under someone else’s ownership.

Contact Robert Edens for a Consultation Regarding a Bicycle Accident

If you or someone you know has been injured in a bike accident, you need Antioch bicycle accident lawyers to get the compensation you deserve. At the Law Offices of Robert T. Edens, we understand how insurance companies work and the aggressive tactics they can use to reduce your claim. We are not afraid to get equally aggressive if you are not compensated for damages and medical bills. Our lawyers have more than 20 years of experience representing victims such as you and have a successful track record to show for it. Get in touch with us for a consultation today.

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Do Motorcycle Accidents in Illinois Increase in the Spring?

Motorcycle AccidentAs the weather turns pleasant to herald spring, and we are starting to see an end to the pandemic, people want nothing more than to feel the wind in their faces. Many switch to motorcycles to get that feeling. While motorcycle accident rates have decreased slightly in Illinois, springtime sees its fair share of accidents.

Why Motorcycle Accidents Increase In Spring

Some of the factors that can increase bike accidents in the spring include the following:

  • An increase in drunk driving, especially around springtime holidays.
  • An increase in traffic due to spring vacations and road trips.
  • An increase in the number of new or inexperienced drivers on the road.
  • New road construction projects are often scheduled during this pleasant season.

Top Safety Recommendations for Motorcyclists

Irrespective of their experience and the weather they ride in, motorcyclists can save themselves from serious injuries by following these safety tips:

Always Wear a Helmet

A helmet has a double lining that protects your skull in case you take a tumble off your bike. Whether you are traveling a short or long distance, always wear one.

Increase Road Visibility

Drivers are notorious for missing motorcyclists when they are on the road. The danger increases during the spring since they are used to sharing roads with other cars rather than motorcyclists during the winter. So make sure they can see you a mile away by keeping a safe distance. Also, wear bright colors and make sure your headlights are on if you ride at night. Add reflective tape on your bike and jacket to be visible during the daytime.

Follow All Traffic Rules

Traffic rules and laws are there to save lives. So always use turn signals and do not change lanes on a whim. By being a careful driver, you can ensure other drivers are aware of the actions you take so they can maneuver accordingly.

Remain Within the Speed Limit

Speeding is one of the fastest ways you can get into a severe and life-threatening accident on your motorcycle. Ride within the speed limit to prevent this from happening. It will keep you and other drivers safe on the road.

Never Drive Drunk or Distracted

If you drive drunk or use your phone while trying to manage a motorbike on the road, you are highly likely to get into a severe motorcycle accident that may prove fatal. Turn off your phone and do not take anything before hitting the road.

Ensure you have adequate insurance in place if you ride your motorcycle frequently. Many insurance companies reduce their coverage and premium charges during the winter so you can get a good package before spring.

Contact the Law Offices of Robert T. Edens For A Motorcycle Accident Claim

If you have been involved in a motorcycle accident and the other party’s insurance company or yours is refusing to pay up, contact our Waukegan motorcycle accident lawyers at the Law Offices of Robert T. Edens. We have more than two decades of combined experience aiding victims like yourself and ensuring they get the maximum compensation they deserve.

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What Types Of Boats Are Most Susceptible To Capsizing?

capsizing boatsWhen you are out to sea, and your boat capsizes, there is nothing you can do but wait to be rescued. Capsizing boats are quite common, but you can prevent a deadly mistake if you know which type is likely to sink.

Types of Boats That Are Likely To Capsize

Small boats such as canoes, kayaks, and sailboats are more likely to capsize than heavy-bottomed boats. This is because the latter becomes unstable easily on the water since they have a weight limit. That doesn’t mean larger boats cannot capsize at all. To know that any boat can go under, you only have to see how the HMHS Britannic sank.

However, unlike a large boat that sinks quickly, a smaller capsizing boat usually remains afloat, so it provides survivors with a makeshift raft as they wait to be rescued. Kayaks and canoes can also be flipped right side up by a single person, and even a sailboat can be righted with several people.

In other words, while small boats are more likely to sink than larger ones, you have higher chances of surviving the former than the latter.

Why Weight Matters

Weight distribution and amount are responsible for capsizing boats more than anything else. Here are some ways how:

  • Older boats gain weight over the years as they store more gear or as the hull absorbs water.
  • Small boats can capsize easily even if you bring an extra person or a loaded cooler on board.
  • Cockpit drains can flood if the boat is overloaded, which in turn can make it capsize.

Most 20-feet boats need floatation and a capacity plate that shows the amount of weight they can carry without submerging. The boat will capsize even in calm waters if you exceed those limits. Operators will also ticket you for exceeding weight limits.

‘Underway seating positions’ determine safe passenger loads on small boats. For example, two slim adults who want to take five children on a boat designed to accommodate four people are playing with lives. Even if the total weight is lower than the boat’s capacity, anything can happen to tip the scales.

Weight distribution is also as important as the number of people on board. If several people rush to one side of the boat to see dolphins, for example, the boat will tip to that side and take on water. Capsizing will be imminent.

Contact Robert Edens for a Boating Accident Case

If you have been in a boating accident and suffered damages, you deserve compensation either from the at-fault party or the insurance company. Get in touch with boating accident watercraft lawyers at the Law Offices of Robert T. Edens for a consultation regarding your legal options today.

We have been representing boating accident victims such as you for the past 20 years and are proficient in personal injury cases. The other party and their insurance company are working to deny your claim as we speak. Don’t wait. Contact our team of professionals to protect your rights. We will ensure you get the money you deserve so you don’t have to pay for damages out of pocket.

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What Are The Requirements To Receive Workers’ Comp In Illinois?

workers comp in IllinoisWorker’s comp insurance in Illinois covers expenses for employees if they are injured on the job or fall ill during their work duties. The coverage can pay for your medical bills and replace most of the wages you may lose as you recuperate. However, not every employee is eligible for compensation.

Eligibility Requirements for Workers’ Compensation

If you are eligible for worker’s comp, you will receive it whether you were at fault for the injury or someone else. However, you cannot file a lawsuit against your employer later, except in a few situations.

Illinois workers’ compensation attorneys will tell you that to be eligible for worker’s comp in Illinois you:

  • Have to be an employee.
  • Must work for an employer who carries the insurance.
  • Must have a work-related illness or injury.
  • Must meet the state’s deadline for reporting said illness or injury.
  • File a worker’s compensation claim.

Special employee categories (such as farm workers, domestic workers, seasonal workers, and temporary workers) have to follow separate rules for compensation.

What You Should Do to Get Workers’ Compensation

If you are eligible for compensation, you can still forfeit your claim if you don’t do the following beforehand:

  • Get medical help as soon as you are injured or fall sick.
  • Follow your doctor’s advice and try to heal so you can return to work promptly. Employees who fail to do this and make their condition worse, as a result, can lose their benefits.
  • Inform the doctor that your condition is work-related, so they know that your employer will cover the medical bill.
  • Provide the hospital or doctor’s name and address to your employer and if you change doctors later.
  • Hand over copies of your medical records to your employer as proof of your claim, condition, and the treatments you received or have to get.

What Workers’ Comp Doesn’t Cover

Worker’s comp doesn’t cover the following ailments:

  • Injuries that result from horseplay or fighting.
  • Self-inflicted injuries.
  • Psychiatric disorders or stress.
  • Injuries sustained while you committed a crime.
  • Injuries sustained under the influence of drugs, alcohol, or policy violations.

If your work is repetitive (such as assembly line work) or you type for hours every day, you can sustain cumulative injuries (such as carpal tunnel syndrome) that workers’ comp may cover. You can be eligible for benefits if you took time off because of the injury and know it is work-related. In either case, you should visit a doctor right away and file your claim, so your employer is in the know from the get-go.

Get the Compensation You Deserve With Help from Robert Edens

If you are eligible for workers’ comp in Illinois, but your claim was denied, contact the Illinois workers’ compensation attorneys at the Law Offices of Robert T. Edens today. We have more than two decades of experience fighting for the rights of employees like you and have an impressive track record of successful cases.

Contact us for a free consultation today. We can provide testimonials of satisfied clients on-demand and let you know the expected outcome of your case.

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Why Do Workers’ Comp Adjusters Try To Keep You From Getting Paid?

workers compIf your Illinois workers’ comp was declined, your employer might not be the only one to blame. Claims adjusters are paid to ensure that claimants get as little as possible. That’s how insurance companies make money. Unfortunately, because of this, millions of deserving injured workers are denied compensation that can help them pay for their medical bills and future treatments.

 

Why  Workers’ Comp Adjusters Try To Deny Your Claim

As mentioned, insurance adjusters work for the insurance company, not a charity. They are in it to make a profit. They follow a complex business model that ensures the house (the insurance company they work for) wins every time.

 

Insurance companies collect hefty premiums, use them to invest in other ventures, and pay off as few claimants as possible so they can keep the leftover money. In other words, their job is to pay as little as possible irrespective of the type of claim you have. Their adjusters can also deny claims completely for this.

 

They aren’t out to get you. That’s just how they work within the system. However, this doesn’t mean you cannot call them out on it. Antioch workers’ comp lawyers understand that system and can work with the adjuster to resolve ‘disputes.’ While denying your claims is part of the latter’s job, that doesn’t mean you should put up with it when your finances and health are at stake.

 

Why Employers Can Try To Deny Your Claim

Employers pay premiums for workers’ compensation insurance coverage because they have to from a legal point of view. These are based partially on the claim amount the insurance company can pay in claims.

 

So if one of their employees is out for the count for months because of a workplace injury and requires compensation for surgeries or physical therapy or is permanently disabled, the insurance company may increase those premiums.

 

Employers who want to keep those prices down may deny claims whether they are valid or not. This can happen if multiple employees file Illinois workers’ comp claims one after another in a very short period, which can cause a spike in premiums.

 

Some employers fight these claims to discourage other employees from filing future claims. If you have seen a colleague being harassed or fired for this request, you may think twice about filing one yourself, even if you are seriously injured on the job. Similarly, if a coworker fought for years to get the compensation through the court but their claim was denied because of inexperienced lawyers, you may be discouraged further.

 

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

If you or someone you know has been injured in the workplace and your employer or the insurance company has denied your claim, contact the Antioch workers’ comp lawyers at the Law Offices of Robert T. Edens today! We will take a detailed look at your case and develop a strategy that can ensure you get the maximum compensation you deserve.

The evaluation is completely FREE of cost, and you will not have to sign anything at that stage. Our advice will be priceless. Contact us today.

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What Are The Most Common Causes Of Pedestrian Accidents?

pedestrian accidentsMore than 6,000 pedestrian accidents led to serious injuries and even fatalities in the last few years. This sobering statistic is just a tragic reminder of how vulnerable we are when trying to go about our day on foot.

Top Causes of Pedestrian Accidents

Drivers are usually at fault in most cases, but that doesn’t mean pedestrians are free of guilt completely. Some of the main causes of pedestrian accidents include the following:

Distracted Drivers and Pedestrians

Drivers are not focused on the road when texting or talking on their phones behind the wheel. Similarly, pedestrians looking down at their phones while crossing the road cannot see oncoming vehicles. It is little wonder why distractions are the leading cause of pedestrian accidents.

Impairments

Drivers who drive while under the influence of alcohol or drugs are dangerous to everyone on the road. Impaired ones can drive straight through crosswalks, break signals or make left turns without looking to see any pedestrians in their way. Besides over-the-counter drugs, drivers can also be influenced by uncontrolled substances such as meth.

Reckless Driving

Drivers who hurry or drive recklessly often fail to see pedestrians or crosswalks before it is too late. The faster a vehicle is going, the less control they have. Besides reducing control, speeding can also increase stopping distance and, thus, the severity of accidents. If a driver speeds around intersections, he is more likely to hit someone.

Adverse Weather Conditions

Foggy, rainy, and snowy conditions can reduce road and pedestrian visibility significantly. While most people avoid driving in these conditions and prefer to walk to their destinations, they are also at risk of being run over by impaired drivers.

Besides reducing visibility, wet conditions can make roads slick. Brakes don’t work on a car that is sliding out of control. These conditions give drivers less time to brake if they see a pedestrian in their way.

Driver’s Duty of Care

These causes have one thing in common – they are caused by a driver’s failure to maintain their duty of care. A driver is legally obligated to maintain reasonable care on the road irrespective of conditions. In other words, they are responsible for keeping pedestrians safe. If they fail to uphold this duty, they are deemed negligent. If their negligence causes pedestrian accidents, they can be liable for injuries and losses.

Contact Law Office of Robert Edens to Get the Compensation You Deserve

If you or someone you know has been injured because of a negligent driver or need legal advice on compensation denied to them, contact Robert Edens. Get the best Antioch pedestrian accident lawyer on your case so you can get the financial aid you need and deserve.

 

This includes funds that can pay for your medical bills and compensate you for the pain and suffering you are going through. The Law Office of Robert T. Edens has helped hundreds of victims like you and recovered millions of dollars for them. It is one of the main reasons our law firm is considered the best in Illinois. Contact us for a free consultation today and before it is too late.

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Spinal Cord Injury Statistics & Prevalence In The US

spinal cord injuryA spinal cord injury can be devastating for your career, and physical health depends on its severity. Whether you injured your spine in a car crash from disease or the result of medical malpractice, the damage can be long-lasting.

Global Prevalence

According to the World Health Organization, this injury is common in 40 to 80 cases per million. Most of them result from traumatic causes, but the non-traumatic cases are also rising.

The symptoms of this injury depend on its severity and location. These can include complete or partial loss of motor control in the arms, legs, or any part of the body. Some can also affect bowel and bladder control, heart rate, and blood pressure if they are serious enough—most people who suffer from this injury experience chronic pain for the rest of their life.

Prevalence in the US

As per statistics, in the US, a person injures their spinal cord every hour of every day. Let’s put this into perspective. According to studies conducted by the National SCI Statistical Center (NSCISC):

  • There are approximately 17,800 new SCI injuries in the US every year
  • Men account for almost 80 percent of cases
  • About 294,000 people live with the injury in the US, and most of them are over 40 years old
  • Most people who get an SCI stay in the hospital for 11 days but can spend a month in rehab afterward

Common Causes of Spinal Cord Injuries

According to Spine Universe, the top causes of SCI include the following:

  • Acts of violence – approximately 13 percent
  • Slip and fall accidents – approximately 31 percent
  • Sporting accidents – approximately 8 percent
  • Medical complications – approximately 4 percent of cases

SCI Severity Range

The severity of a spinal injury depends on its location as well as whether it is complete or partial:

Complete SCI

Complete loss of function and feeling below the injured area.

Incomplete SCI

There is some sensation or movement below the injured part of the spine.

Depending on the type of SCI you have, you can suffer from paraplegia or tetraplegia. The former is paralysis of both legs, and the latter, aka quadriplegia, can paralyze both arms.

High tetraplegia manifests if your SCI is at the top of your spine or neck and low tetraplegia occurs in the lower spine. If your spine was injured because of someone else’s negligence and you suffered from any of these two conditions, hire an Illinois spinal cord injury attorney. Get the compensation you deserve so you don’t have to pay for treatment and rehab out of pocket.

Contact Robert Edens for a Legal Consultation If You’ve Had A Serious Spinal Injury

Thousands of people are denied worker’s compensation in Illinois every year, whether their injuries are severe or mild. They should be compensated for damages in either case, but some employers may make their lives difficult by denying their claim.

 

If you or someone you know suffered a spinal cord injury at work, contact the Law Office of Robert T. Edens today. Get an experienced Illinois spinal cord injury attorney who can fight for your rights till you get the compensation you deserve.