The Holidays, Hospital Visits and Burns

Personal Injury ChicagoThe holidays should be a time when you relax and get together with loved ones. However, there is a reason why medical staff doesn’t get those days off. The emergency room is often filled with patients during this time who let the festive season get the better of them. From cooking family meals, to overindulging – the holidays are a time of extra caution.

Some common issues ER doctors and nurses come across during the holidays include the following:

Cuts and Lacerations

Carving a turkey can be a challenge. If you are not proficient with a knife, you can get seriously injured or injure someone else. Knife wounds are a common injury during Thanksgiving. Common injuries include deep cuts and lacerations that may or may not require stitches.

Serious Burns

Besides baking a turkey, some people prefer to deep fry their turkey to get a delicious crust. However, if the bird is partially frozen or wet when it hits the hot oil, the bird can catch on fire or even explode. The explosion, combined with flying, scorching oil, can singe eyebrows and cause third-degree burns on the face and other parts of the body. People also get burned if they accidentally drop boiling hot gravy on themselves or if they grab a hot pan without an oven mitt.

Food Poisoning

Leftovers from Christmas or Thanksgiving meals can spoil if they are kept at room temperature for too long. Consuming them can cause food poisoning. Similarly, a large turkey left out to thaw for hours can spoil and the high oven temperature or hot oil may not be enough in destroy the resulting bacteria. In fact, even roast chicken that is not cooked through can cause salmonella poisoning, which can be life threatening.

If you suffer a serious injury during the holidays and head to the emergency room, the last thing you want or expect is negligent medical staff. Medical malpractice is not uncommon during the holidays. If you think your injuries worsened because of improper medical procedures or negligent staff, you have the right to sue for damages.

Get in touch with an attorney at the Law Offices of Robert T. Edens for a consultation today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. We have decades of experience representing clients who suffered because of a significant injury or death that could have been avoided if it weren’t for medical negligence.

WC, PI or Both?

Personal Injury AttorneyWhen an individual begins to seek compensation for their injury and losses they often wonder whether to file a worker’s comp claim, PI claim, or both. A typical injury case gives rise to a personal injury case, however, when the same incident takes place at work, an individual must pursue a worker’s compensation case to obtain damages. This presents a question: should an individual seek a personal injury case, worker’s compensation, or both? Let’s check it out.

WC, PI, or Both?

Choosing between workers’ compensation and a personal injury claim is not extremely difficult, but does require some considerations. If an individual sustains an on-the-job injury and there is no third party involved in the accident, they may simply pursue a workers’ compensation case. The personal injury claim comes into play when there is a third party involved in the accident that caused an injury to the individual.

The real challenge comes when deciding whether an individual should pursue both of these options to obtain compensation for their loss and suffering. Facts and circumstances pertaining to every case are different, thus obtaining the services of a competent Lake County personal injury lawyer can be helpful in determining the legal routes that are available in your case.

In Illinois, employers are required by law to provide worker’s compensation to their employees. Your employer is obligated by the law to file a worker’s compensation claim for your incident, but that does not mean that you cannot pursue a personal injury claim, provided that a third party was involved in the accident. This type of personal injury claim is also known as a third party liability claim as the involvement of a third party is imperative to initiate a claim. For instance, if you have sustained an injury due to defective equipment at work, the manufacturer of that faulty equipment would be constituted as the third party.

There are a few key differences that you must consider when exploring your options. While the workers’ compensation is filed against the employer’s workers’ compensation insurance company, the personal injury claim is filed against the insurance company of the third party whose negligence caused you the injury. In a workers’ compensation claim, you may receive benefits regardless of fault unlike a third-party injury claim, where your Antioch personal injury lawyer needs to prove the negligence of the defendant to pursue rightful compensation.

Furthermore, in a workers’ compensation claim, you may only be able to obtain statutory damages including lost wages and medical expenses. However, in a personal injury claim, a competent personal injury lawyer may help you to obtain damages for pain and suffering, and emotional distress that you had to suffer due to negligence of the third party.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

(Content updated 12/2/2021)