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What is a Wage Differential In Workers’ Compensation?

wage differentialMost Illinois workers are aware of essential Workers’ Compensation benefits such as covered medical treatment disability payments. However, there is one other benefit that is essential for their financial security. It’s called ‘wage differential,’ and it can ensure you can go a long way in reducing your stress if you suffer from serious workplace injuries.

What is a Wage Differential?

If your workplace injury incapacitates you to the point that you have to quit your job, you may be eligible for a wage differential settlement.

 

Here is how it works. Whether your injuries prevent you from working permanently or temporarily, your employer may offer to give you ‘light duty’ that can accommodate your physical limitations.

 

If the new position hurts your salary, you are eligible for a solution that pays you part of the difference. It is called wage differential benefits, and it can only be applied if you qualify for Workers’ Compensation.

 

If you are eligible, you are entitled to 2/3 of the difference between your old wages and your light-duty salary as per wage differential laws. So not only will you get a regular paycheck for your new position, but you will also get a workers’ compensation check for 2/3rds of the difference between the wages.

 

To qualify for a wage differential settlement, you have to prove that you cannot pursue your original and customary line of employment. An experienced Workers’ Compensation lawyer in Antioch can help you establish this and calculate the amount you can receive. They can also help you determine if you are eligible for this award or not.

 

If your light-duty job puts your recovery and health at risk, you are a good candidate for temporary total disability (TTD) payments. You can also claim this benefit if your employer is unable to accommodate your limitations at work.

Denied Wage Differential Payments? Here is What You Should Do

The Illinois Workers’ Compensation Act describes how and when an injured employee is eligible for wage differential payments. However, this doesn’t mean that employers and insurance companies will comply. In some cases, they may try to withhold benefits by saying you are ineligible.

 

Contact us to discuss your legal options if you or someone you know qualifies for wage differential payments, but cannot get them because of uncooperative employers/insurance companies. As a dedicated and skilled Workers’ Compensation lawyer in Antioch, Robert Edens can develop a strategy that can ensure you get the compensation you deserve. His team of lawyers has recovered millions of dollars in claims for their clients. Ensuring you can get a wage differential settlement is barely a challenge for them.

Personal Injury Attorney

You can get in touch with him and his team of workers’ compensation lawyers at the Law Offices of Robert T. Edens in Antioch, Waukegan, Libertyville, Woodstock, and Chicago, IL. At this point, the worst thing you can do is rely on advice from your employer or insurance company. They may try to sabotage your claim. We can ensure they don’t get away with it. Get in touch with us for a consultation today!

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What Can be Done if I’m Not Getting Paid My Workers’ Comp?

workers compIf you are not getting paid in full or at all for the hours you put in, you can sue your employer with the help of a skilled Waukegan workers’ compensation lawyer. Your rights as an employee are protected under the Wage Payment and Collection Act.

What is the Wage Payment and Collection Act?

The Wage Payment and Collection Act governs timely wage payments to employees in Illinois and the deductions employers can make from paychecks. Here are a few facts you should know about the Act:

  • Private employers are covered, but state and federal employers are exempt from the Act.
  • Individuals and independent contractors who fulfill the legal definition of independent contractors cannot make any claims under the Act. If an employer classifies an employee as an independent contractor, that does not exempt him/her from the Act. An inquiry can determine whether the employee is an independent contractor or not.
  • The Act only covers work that is done in Illinois. For instance, an employee who lives in the state but travels across the U.S. for work is typically not covered. A Waukegan workers’ compensation lawyer can help you determine if you are covered and the wages you can recover.

What You Can Do If Your Wages Are Withheld

Here are some things you can do if you think your wages have been withheld unfairly by your employer:

Speak With Your Employer First

Ask your employer about owed wages first. Perhaps HR made an error on your paycheck or overlooked you by mistake. If your employer deliberately holds back the money he/she owes you as retaliation against you, you have the right to sue. Make sure you note down everything you discuss with them. A Waukegan workers’ compensation lawyer can use it as proof if you file a complaint.

Contact the Illinois Department of Labor

If you think your wages are being held back illegally, file a complaint with the Illinois Department of Labor (IDOL). Just make sure you file it a year from when you last worked with the employer or a year from when the wages are owed. The good news is that the process is free. At this point, you don’t need a Waukegan workers’ compensation lawyer.

 

To file a claim with IDOL, fill out the online form. You will have to create an Illinois Public ID first. It will help you use official state websites for critical information regarding your case.

 

When you file your complaint, make sure you include any evidence showing you are owed wages. This includes copies of time cards and paychecks that show that you have not been paid or were paid less than what you were owed as per your hourly salary.

 

Don’t worry if you don’t have those documents. Since it is your employer’s responsibility to maintain pay and time records, you can get them from HR. Plus, also make sure to update IDOL post complaint if you move or change your phone number.

 

Keep in mind that there is a time limit when it comes to filing complaints with IDOL. The Department can only investigate the three years before the date that you file your complaint. It will impact the amount you recover. For example, if you file your complaint after ten years of getting little to no wages from your employer, you can only recover wages from the last three years and onwards.

 

Contact Robert T. Edens for a Consultation

If your employer refuses to cooperate, hiring a Waukegan workers’ compensation lawyer can help you get the compensation you deserve. Whether you live in Chicago, Waukegan, Libertyville, Woodstock, or Antioch, contact the Law Offices of Robert T. Edens for a consultation today. Robert has been fighting for workers’ rights for over two decades and can ensure you can recover your lost wages.

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What is the Illinois Dangerous Dog Law?

Illinois dangerous dog lawIllinois Dog Bite Law

Dogs can be loyal companions, but at the end of the day, they are animals that can attack without warning, as your Grayslake dog bite attorney will tell you. According to the Illinois’s Animal Control Act, there are two ways a dog can be considered to be ‘dangerous:’

  • The dog bites a person completely unprovoked without causing serious physical injuries.
  • The dog is unmuzzled, unleashed, or not under the control of the owner and it behaves in a manner that can lead to a serious threat of injury or cause another person’s or animal’s death.

If you have been bitten by a dog in Illinois, the owner of the dog is liable for the injuries that are caused by the said bite. However, the dog does not have to meet the aforementioned requirements for the owner to be liable. The strict liability law focuses only on the fact that the bite happened. Once the incident takes place and it leads to an injury, the owner of the dog is automatically liable in the eyes of the law.

In this case, it does not matter whether the dog in question showed signs of aggression before. The law protects injured victims to ensure they can get the compensation they deserve from the owners.

This includes the costs of medical treatment for the dog bite injury and even the emotional trauma it caused. In fact, it doesn’t even matter if the dog is the property of the owner or not. If it was under someone else’s care during the incident, that person can be held responsible.

Dog Bite Liability Statute

Your Grayslake dog bite attorney will tell you that under the liability statute if you have been injured by a dog in Illinois, you can get compensation from the owner or the animal’s custodian if you can prove that:

  • The dog caused the injury.
  • You did not provoke the animal into attacking you.
  • The defendant owns the dog.
  • You were in a place where you had every legal right to be when you were attacked.

You do not need to prove negligence to hold the owner of the dog liable for damages. Your Grayslake dog bite attorney just has to prove that he/she was negligent at the time the injury took place. You also have to establish that the dog was bite prone and the owner was aware of the fact.

Contact An Illinois Dog Bite Lawyer

If you or someone you know has been injured because of a dog attack in Illinois, get in touch with our Grayslake dog bite attorney at the Law Offices of Robert T. Edens. The laws pertaining to this type of injury can be quite complex especially when proving liability becomes tricky.

Personal Injury Attorney

We have years of experience aggressively representing dog bite victims so we know all of the excuses the owner can throw at us. Get in touch with us for a consultation today and ensure you can recover maximum damages. We have recovered millions of dollars for our clients in the last two decades.

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How to Get Compensated for a Car Accident in Grayslake

grayslake car accidentA car accident can be devastating, especially if the insurance company or the other driver refuses to pay you for damages. However, you may sabotage your chances for compensation if you fail to follow proper protocols post-accident.

What You Should Do To Get Compensated After A Grayslake Car Accident

Here are some things you should do right after a car accident to ensure you can recover maximum damages.

Stop Your Vehicle

If another car hits your vehicle, stop immediately and move away from traffic. If you leave, you may be charged with a crime and may even lose your driver’s license. A hit-and-run accident that only results in damages can also land you in jail. You may also have to pay a hefty fine amounting to $2,500. If the accident caused injuries or proved fatal, you can be charged with a felony and face years in jail.

Contact The Police

Once you park your vehicle in a safe spot, contact the police and ask them to make an accident report. Do not wait. If the accident results in injuries or proves fatal for any individual, call the police within half an hour tops. You may lose your license otherwise.

Provide Essential Information

You need to provide the following information to the other driver to get compensation if you are eligible for it. This includes:

  • Your name
  • Your address
  • The license plate number of your vehicle

Types Of Damages You Can Recover From A Grayslake Car Accident

If you follow the tips mentioned above, your car accident lawyer in Grayslake can ensure you get the maximum compensation possible for your claim. You can seek two types of damages.

Economic damages

This includes tangible and objective losses that result from the accident. These damages can take the form of medical expenses, wages you lose as you recover from your injuries, property damage, physical therapy, and even transportation.

Non-economic damages

Non-economic damages include non-monetary losses. Some examples include depression, stress, loss of future earning abilities, loss of enjoyment in life, disfigurement due to injuries, and physical/mental suffering.

In Illinois, you have at least two years to file your lawsuit if you are denied compensation by your insurance company or the other driver. If your case involves a government agency or a city, you have one year to file the claim or forfeit compensation. The deadline may seem restrictive, but it is essential for preserving witness testimonies and evidence.

Calculating damages for a Grayslake car accident can be a challenge, but not if you have a skilled attorney such as Robert Edens in your corner. He can help you determine the damages you are eligible for and the settlement offer you can get.

The Law Offices of Robert T. Edens will handle everything, so you don’t have to. Robert and his team of dedicated car accident lawyers in Grayslake have been fighting for the rights of personal injury victims for more than two decades. Get in touch with Robert for a consultation today. Delays can make you lose the compensation you rightly deserve.

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How Common Are Serious Boating Accidents in Illinois?

boating accidentsWhile not as common as motor vehicle accidents, boating accidents have caused a number of serious injuries and fatalities in Illinois.

While the number has dropped from the astronomical statistics of the mid-1990s, these numbers are misleading since non-motorized boats are not considered in stats anymore. If you are involved in a boating accident and deserve compensation for damages, hire a Waukegan boating accident attorney straight away.

As per the Illinois Recreational Boating Report, there were 81 reportable boating accidents in 2020, a number which increased from 2019. 36 boat-related injuries were also reported in 2020 which decreased from the previous year. However, over 21 deaths were also reported, which was an increase from the fatalities reported in 2019.

Top Reasons for Boat Accidents and Injuries in Illinois

Some of the main reasons for boat accidents in Illinois include the following:

Treacherous Conditions

The water levels in the lakes and rivers in the state are expected to get quite high during the rainy season. Rising water levels hide docks, floating debris, and other conditions that can seriously compromise safety for boats and their passengers. Boat drivers can get into accidents that can prove fatal or cause serious injuries.

Alcohol Usage

Anyone who is drunk behind the wheel of any vehicle (whether on land or the sea) is bound to get into an accident. If caught, inebriated boat drivers can face DUI charges and in case they are involved in a serious accident while under the influence of alcohol or drugs, they can also be held liable for injuries that result from their intoxicated state.

Operator Mistakes

Inexperienced boat drivers can get into collisions easily because of errors. These can be anything from traveling at excessive speeds to making dangerous maneuvers on the water.

Other common causes of boating accidents in Illinois include:

  • Onboard fire.
  • Bad weather conditions.
  • Restricted vision.
  • Lack of ventilation in the boat.
  • Improperly anchored boat.
  • Equipment failure due to lack of maintenance.
  • Machinery or hull failure.
  • Starting the boat in gear.
  • Loading the boat incorrectly or overloading the boat.
  • Insufficient navigation aids.

Contact A Waukegan Boating Accident Lawyer

A Waukegan boating accident attorney will tell you that the statute of limitations for filing boat accident personal injuries is two years tops. If you miss that deadline, your case will be thrown out and you will have to pay for your damages and injuries out of pocket.

If you or someone you love has been involved in a serious boat accident and the boat driver is refusing to pay for damages, you need to get in touch with the Law Offices of Robert T. Edens, P.C. We have over 20 years of experience recovering millions of dollars for clients and can help you get the compensation you deserve as well. Robert, aka Bob, has been recognized as the top lawyer in Illinois. He, along with his staff understand the physical and mental toll injuries can cause and can understand your case from your perspective.

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Does Fault Matter When Filing A Workers’ Compensation Claim?

Cook County workers compensation attorneyIllinois’ workers’ compensation law is based on a no-fault system, which means that even if you are at fault for your workplace injury, you are still entitled to full worker’s compensation benefits. If you are being denied, you have every right to hire a Cook County workers’ compensation attorney. However, there are some rare cases where the fault is irrevocably yours.

When Fault Doesn’t Matter

Here are some common examples of when a workplace injury is not your fault, even though it seems like it:

  • You hurt yourself running down a flight of stairs at top speed for a meeting you are late for.
  • You drop a heavy box on your foot breaking it even if you were careless while handling it.
  • You throw your back lifting a heavy object because your form was incorrect.

You can still get your medical bills taken care of and get time off work for these types of workplace injuries.

When Fault Matters

This doesn’t mean that fault never matters when it comes to a worker’s compensation claim. Here are some rare instances in which it can matter:

  • If you hurt yourself at work because you were inebriated or high. That can be considered a violation of workplace duties and may prevent you from getting full compensation. However if your Cook County workers’ compensation attorney can prove that your condition did not contribute to your accident, you can maximize the amount you receive.
  • If you were fooling around at work and got injured as a result. For example, you work as a security guard at a golf course and take a golf cart for a joy ride. If you get into an accident while driving and hurt yourself, your injuries may not be covered. That’s because the incident was not a part of your job duties.
  • You get into a fight with a colleague and you are the aggressor. You may not get compensation because you instigated the fight.

Proving An Injury Is Work-Related

While you don’t have to prove that a workplace injury was your boss’s fault, you do have to prove that it occurred at work. Workers’ comp fraud can carry serious consequences so pretending a home-based injury happened at work can land you in hot water.

The workplace injury has to be reported within 45 days. The longer you wait, the less likely your boss may believe your claim and may refuse to cooperate. The insurance company may latch onto this and say you don’t have grounds for a claim.

Personal Injury Attorney

Whether you were at fault for your workplace injury or not, you deserve compensation. If your boss or the insurance company is denying your claim, get in touch with our Cook County workers’ compensation attorney at the Law Offices of Robert T. Edens today. We have over two decades of experience helping workers get the compensations they deserve and can help you too. We will take a detailed look at your case before formulating a strategy.

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Who Determines Wrongful Death?

wrongful death lawyers in WaukeeganLosing someone you love with your whole being can be the most painful experience of your life. If they lost their life because of someone’s negligence, the pain only multiplies. In such cases, you can ask a Waukegan wrongful death attorney to help you determine wrongful death in court and get some closure. If the deceased was the main breadwinner of your family, the damages can support you financially as well.

 

However, in the wrong hands, a wrongful death lawsuit can end up being more costly for you than the one who was responsible for the death. For example, an inexperienced Waukegan wrongful death attorney may not be able to help you recover the benefits that you may have received if the deceased had lived.

 

Who Is Eligible To Recover Compensation For Wrongful Death?

According to the Illinois Wrongful Death Act, only the deceased’s spouse and children can recover damages in a wrongful death claim. It is different from the Survival Act compensation which allows the deceased’s estate to recover said damages that he/she may have recovered if they lived or survived.

 

The court that hears the lawsuit has the authority to determine how the money is divided between the children and the spouse as per their level of dependency on the deceased. In other words, the court evaluates how much each member of the family depended on the deceased financially.

 

For instance, if a single mother passed away and she was responsible for an adult child’s education, he/she may get more money compared to their older siblings who are employed and are not financially dependent.

While this may seem unfair, wrongful death lawyers in Waukegan may say otherwise. It just makes sense, but your lawyer will be able to help you understand it much better.

 

Wrongful Death vs. Murder

While it may not seem so, wrongful death is not the same as murder. The latter is a criminal charge that is brought upon a defendant (by a prosecutor) who committed a crime that lead to the death. Wrongful death claims on the other hand are filed in civil court by the family members of the deceased. Plus, you can file a wrongful death claim, whether or not criminal charges were filed against the defendant.

 

One of the most famous examples of this is the trial of OJ Simpson in the 1990s. While the famed football star was tried and charged for the murder of his wife and her male friend, he was found not guilty for their deaths from a criminal point of view. However, he was liable for their wrongful deaths. While he has yet to pay a cent to the families of the victims, the amount has more than doubled and the charge is not going anywhere.
Personal Injury Attorney
If you lost a loved one because of someone else’s negligence, you and your family should file a wrongful death lawsuit against them without hesitation. For experienced wrongful death lawyers in Waukegan get in touch with the Law Offices of Robert T. Edens today. We have over 20 years of experience helping families find closure with successful lawsuits against guilty defendants.

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How Are Personal Injury Awards Calculated?

Antioch personal injury lawyersOne of the most crucial things you need to know about when filing a personal injury claim is the maximum amount you can receive. To get a good understanding, it helps to know what factors go into the calculation. Antioch personal injury lawyers can help you with those, but here is a simple breakdown.

How A Personal Injury Claim Is Calculated

The compensation you receive is directly proportional to the severity of your injuries. So if they are severe, you should receive quite a substantial amount provided you have experienced Antioch personal injury lawyers in your corner. For example, you may not get as much compensation for soft tissue damage as you would get for a traumatic brain injury.

Your personal injury lawyer will calculate a ballpark figure based on not only the seriousness of your injuries, but also the pain and suffering you went through because of them. Some of the types of damages they will take into consideration include the following:

Economic Damages

These pertain to financial losses you incurred because of your injuries such as medical expenses, missed wages as you had to take days off from work to heal, payments for medical treatments, etc. If you had to take a lower-paying job because of your condition afterward, the difference in salaries will also be taken into account.

Non-Economic Damages

Non-economic damages are challenging to calculate since they are not tangible. This includes pain and suffering, mental anguish, and loss of enjoyment in life. These damages recognize what you are going through to a certain extent beyond what economic damages can compensate for.

However, pain and suffering is far from a random amount. While Antioch personal injury lawyers do not have a set formula to calculate it, they have other ways to calculate it that can benefit you. Some of the factors they take into account to do this include:

  • The extent of your injuries.
  • Their impact on your daily life.
  • Your overall pain and discomfort.
  • Whether the injuries are disfiguring.
  • Loss of enjoyment in hobbies.
  • Overall pain and discomfort.

Punitive Damages

These damages are different because they are not intended to compensate you. Rather, they are used to punish the defendant if for example, they threaten you from making a claim or to prevent them from repeating the act that resulted in your injuries. Punitive damages are reserved for serious negative conduct on the part of the defendant. You may or may not be awarded these damages depending on the circumstances surrounding your case.

If you have suffered a personal injury because of someone else’s negligence, you are entitled to compensation. If the insurance company of the defendant or the defendant denies your claim, you have grounds to sue and should get in touch with the Law Offices of Robert T. Edens right away. We have acquired millions of dollars for our clients over the course of two decades and have seen it all.

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Do I Need An Attorney To File A Workers’ Compensation Claim?

workers' compensation lawyer in AntiochAccidents are a common occurrence in the workplace. You can fall off a ladder and break your arm, trip over wires and sprain your ankle or get carpal tunnel after years of typing. A workers’ compensation lawyer in Antioch can ensure you get the compensation you deserve if your employer refuses to give it. This includes the money you lose in terms of lost wages and medical bills.

Why You Should Hire A Workers’ Compensation Lawyer In Antioch

This is important because while recovering disability and medical benefits post a workplace accident should be a straightforward process, it rarely is. While the reason for hiring a workers’ compensation lawyer in Antioch is to maximize your financial recovery, he/she can also help you overcome any obstacles you may encounter. These include the following:

Your Employer Refuses To Believe/Denies The Accident Happened

This can happen if you suffered a slight injury at work and did not report it and it got worse later. The employer or insurance carrier may deny that the original injury happened at work. This can also happen if long-term effects of exposure to a toxic substance at work result in disease.

Your Employer Delays The Claim

Once you report an injury at work, the company has to provide you the proper paperwork immediately, so that you can record your claim. They should also report it to the compensation board and file a claim with the insurance carrier. If your employer is dragging his/her feet in a bid to miss the deadline or even because of sheer laziness, a lawyer can step in and expedite the process.

You Suffered Permanent Disabilities That Compromise Your Work Performance

Insurance companies are more likely to contest these claims since they tend to be the most expensive. A worker’s compensation lawyer in Antioch will ensure you get the amount you deserve if not more.

The Insurance Company Refuses To Pay For a Treatment Your Doctor Recommended

If your injuries require you to get rehabilitation, those visits may be deemed unnecessary by the insurance company which is wrong. Your lawyer can ensure they don’t get away with it and those treatments are adequately covered.

Your Employer Retaliates Against You For Filing a Claim

If your employer fires or demotes you or reduces your hours/pay because you filed a workers’ compensation claim, a lawyer can ensure your legal rights are protected. You can even claim damages resulting from the discriminatory actions.

Your Injuries Were The Result Of Someone Else’s Actions Or Misconduct

The worker’s compensation system was designed to avoid civil lawsuits in case of workplace injuries. But you can also sue outside it in certain circumstances. For example, if say a negligent driver who does not work for the company hit your car while you were driving to work or your employer did, an experienced lawyer can explain how the law applies to these situations.

Personal Injury Attorney

If you are in search of an experienced worker’s compensation attorney, get in touch with us at the Law Offices of Robert T. Edens today. We have been fighting for the rights of workers like you for more than two decades. Get in touch with us for a consultation today.

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Auto Accident Pictures Are Better Than 1,000 Words

auto accidentWhen you are involved in an auto accident, the furthest thing from your mind are the steps you should take soon after. Even if you are not injured, your mind will be in a daze. However, if your phone is nearby, the first thing you should do is take as many pictures of the scene as soon as possible.

This is an important step since those pictures will become critical when you are trying to recover damages in an injury claim. An auto accident lawyer in Grayslake can help you gather more evidence, but pictures on the other hand can speak a thousand words more.

The Importance of Auto Accident Photos

The first thing you need to know about car accident claims is that not all insurance companies are very cooperative. They will do their level best to pay you as little as possible if it means they can save money.

That is what insurance adjusters do. They will use anything to dispute your allegations, challenge your medical evaluation and even blame you for the accident. Their aim is to create their own narrative that can replace the actual events of the accident so as to reduce your claim.

Photographs are hard and indisputable evidence that can stop them in their tracks. Cameras don’t lie after all so you can use those pictures as pure evidence. Some other benefits you can get include the following:

  • Help your auto accident lawyer in Grayslake investigate the accident and prepare your claim correctly.
  • Aid medical witnesses and doctors understand exactly what happened during the accident.
  • Recall events when your mind is in a fog after the accident.
  • Preserving evidence. The pictures won’t change when your car undergoes repairs and you heal from your injuries.
  • Persuading the jury about the authenticity of your case if your claim is being denied.

The bottom line is that pictures speak more than words and witnesses can.

Taking Auto Accident Photos

As mentioned before, during the car accident, you will be in a daze since your body will be jacked up on adrenaline. Common sense will vanish for a while which is why most accident victims forget important details about the accident later.

To ensure this doesn’t happen, look up how to take accident pictures so that the information remains top of mind. That way, when you do get into an accident, you may be aware enough to start snapping pictures immediately. The more you rehearse the scenario in your mind, the more prepared you will be if the moment comes.

Personal Injury Attorney

If you were the victim of an auto accident and the insurance company is denying your claims, you need Robert Edens in your corner. He and his team have been fighting for the rights of auto accident victims for years. In fact, over the last two decades, they have managed to recover millions of dollars for their clients. Get in touch with them for a consultation at one of their offices in Chicago, Waukegan, Libertyville, Woodstock, or Antioch, IL.