Kanoski Bresney attorneys are working and available to discuss your case with you during the COVID-19 crisis.
Contact Us

AVAILABLE 24/7

8 CONVENIENT LOCATIONS

call us888-U-COUNT-2

(888-826-8682)

Recent blog posts

The last thing anybody wants to have to worry about after sustaining an injury on the job is that they may be laid off. However, sometimes this does happen. It is important to understand whether or not someone who is on workers’ conversation can be laid off from their job. Understanding this dilemma requires looking at the balance between the rights of workers’ after they have been injured versus the rights of an employer.

Understanding workers’ compensation in Illinois

Nearly every employer In Illinois is required to carry workers’ compensation insurance for their employees. In this state, the workers’ compensation system is considered “no-fault.” This means that an employee who is injured while performing work within the scope of their duties is entitled to receive coverage for their medical bills and a portion of their wages, regardless of who caused their injury. In most cases, an employer or workers’ compensation insurer cannot deny this coverage to an injured worker.

Can an employer terminate me if I’m on workers’ comp?

The answer to this question can be fairly complicated, and it depends on why the termination takes place. In Illinois, we live in what is considered an “at-will” state. This means that an employer can layoff or terminate anyone for just about any reason, so long as the reason for termination does not violate state or federal law (discrimination, harassment, retaliation, etc.). Just because an employee is receiving workers’ comp benefits does not give them complete protection from being laid off for other reasons.

...

If you have lost a loved one due to the careless or negligent actions of another person or entity, you may need to file a wrongful death claim in order to recover compensation for what happened. These cases can become incredibly complicated, and understanding how long it takes for a wrongful death claim in Illinois to settle revolves around various factors related to each particular case.

Understanding wrongful death claim timelines

It can be impossible to properly estimate how long a wrongful death claim will take to settle In Illinois. There are simply too many factors related to each particular case that can affect the length of the settlement process. How long a wrongful death claim takes revolves around whether or not the case is settled out of court or goes to trial.

Through a settlement

Most wrongful death claims are settled out of court. This can happen in one of two ways. First, a settlement may occur before a wrongful death lawsuit is even filed, typically through negotiations with the insurance carrier of the at-fault party. However, if the at-fault party refuses to offer a fair settlement, it may be necessary to file a wrongful death lawsuit. Even after a lawsuit is filed, most of these claims will be settled before they reach the courtroom. An Illinois wrongful death attorney will be in continuous negotiations with other parties involved while preparing a lawsuit.

...

Can you sue a nursing home in Illinois?

Millions of Americans reside in nursing homes. These are places where our loved ones should be receiving the care they deserve. However, there are times when nursing homes do not live up to the standards they are required to by law. If a nursing home has been negligent or if nursing home staff have abused or neglected a president, they could face a lawsuit. There are various reasons the elder abuse lawsuit against the nursing home may arise.

Nursing home abuse

According to data from the Centers for Disease Control and Prevention (CDC), approximately 10% of every person over the age of 60 has experienced some form of elder abuse. Data from the CDC shows that this type of abuse can take many forms, including the following:

  • Physical abuse. This occurs when a nursing home resident experiences illness, pain, or injury as a result of the intentional use of force by nursing home staff (slapping, kicking, burning, pushing, punching, etc.).
  • Sexual abuse. This type of abuse includes any forced or unwanted sexual interaction with a nursing home resident.
  • Emotional or psychological abuse. This abuse refers to both verbal and nonverbal behaviors aimed to inflict mental pain, dear, anguish, and distress on a nursing home resident. This can include name-calling, destruction of property, humiliation tactics, isolation, and more.
  • Financial abuse. It is illegal to improperly use a nursing home resident’s finances or assets. However, nursing home staff typically has access to their residents’ personal and financial information.

Nursing home neglect

Neglect is also a form of elder abuse. In the nursing home setting, neglect includes the failure of the nursing home staff to meet a resident’s basic needs. This can include a failure to provide the following:

...

If you have lost someone you love due to the carelessness or negligence of another person or entity, you may have had to file a wrongful death lawsuit in Illinois in order to recover compensation for your losses. These cases are often incredibly complicated, but the damages awarded for a successful claim will help grieving families gain some closure. Many families wonder how wrongful death settlements are paid out after a successful settlement or jury verdict.

Where does the money come from?

When a wrongful death case arises, people typically think that the case involves the deceased’s family members filing a lawsuit directly against the person they believe to be responsible for their loved one’s death. While this may be the case, these claims are often made against the insurance carrier of the at-fault party. In these cases, the insurance carrier is the one to provide legal representation in the case.

Payments for a successful wrongful death settlement or jury verdict will be made by the insurance carrier of the at-fault party or by the at-fault party directly.

...

While a police chase maybe exciting on TV, nobody wants to get caught in the middle of an ongoing chase. These incidents often occur at high speeds, and an accident could lead to serious injuries for drivers and passengers, or even bystanders, who had nothing to do with the incident. For anyone involved in an car accident that occurs during a police chase, it is important to understand who could be held liable for injury and property damage expenses.

Who Is Liable For An Accident In A Police Car Chase?

Police chases are unpredictable

There is nothing predictable about a police chase, other than the fact that they are all inherently dangerous. In many police car chases, both the drivers of the police cars and the vehicle being pursued may be traveling at high speeds. However, that is not the only danger. Suspects being pursued by the police often fail to stop at stop signs or red lights, regularly pull illegal traffic maneuvers, and sometimes even drive on sidewalks, through parking lots, or through lawns. All this behavior can lead to serious traffic accidents, causing injuries or even the wrongful death of those involved.

...
Back to Top