When you are injured on the job and seek workers’ compensation benefits, there are many things that will go into your case. At some point, a doctor may examine you and give you an AMA impairment rating. In a recent First District Appellate Court decision, the court upheld an Illinois Workers’ Compensation Commission determination finding a welder 25% impaired despite an AMA impairment rating below 10%. While the AMA impairment rating was an important part of the impairment determination process, the statutes list five factors, which go beyond simply what a doctor’s opinion says.
In some cases, a subcontractor’s employee who is hurt at work due to inadequate job site safety measures may have limited avenues of recovery. That is not always the case, however. Sometimes, the specific factual details of a case may dictate that the site’s owner or the general contractor may be liable for the worker’s injuries. In one recent case from the First District Appellate Court, that’s what happened. The general contractor had retained control over safety measures at the work site, so, when a subcontractor’s employee slipped and fell on a snow-and-ice-covered roof, the appeals court concluded that the worker should be allowed to pursue his claim against that general contractor.
If you are injured while working at a construction site, the harm you incur may be very serious. In addition to concerning yourself with getting back to full health, you also likely have a need to seek compensation for your injuries. When you do that, you’ll need experienced injury counsel, who will not only have a keen familiarity with the facts of your case but who also have an in-depth knowledge of the law and procedural rules, in order to make sure that the other side is “playing fair” in accordance with the law. In one recent case that went before the First District Appellate Court, a defense team’s failure to make an appropriate disclosure and an injured worker’s ability to hold it legally accountable for that failure enabled the worker to have access to a potentially greater recovery.
A catastrophic accident at a Chicago convention center left a carpenter with permanent brain injuries after a fall off the back of a motorized cart. Those injuries led a Cook County jury to award the man an injury verdict in excess of $22 million. The contractor that the jury held liable launched an appeal, but the First District Appellate Court concluded that the defendant had a duty to all of the contractors’ employees, and it failed to meet this duty when it allowed the workers to use defective carts.
When you are injured in a workplace accident, there are potentially multiple ways to obtain compensation for the damages you suffered. You may be able to win a judgment, or you may choose to settle your case. In cases in which you are suing multiple defendants, you may settle with some defendants and take others to trial. In a recent case decided by the Second District Appellate Court, an injured worker was able to recover compensation from both a settlement and a judgment, but the insurance company obligated to pay the judgment was entitled to a reduction in the amount it owed that was equal to the amount of the settlement the victim struck with the other defendants.
Wrongful death occurs when the intentional or unintentional acts or negligence of one party results in the death of another. Wrongful death can occur in a variety of circumstances including motor vehicle accidents, medical malpractice, unsafe premises accidents, workplace accidents, and more. In the United States, medical malpractice is one of the leading causes of wrongful death- second only to motor vehicle accidents. According to a study that was published in the Journal of Patient Safety in September 2013, medical malpractice results in more than 210,000 deaths in the United States Each year.
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The Financial Impact of Medical Malpractice Resulting in Death in Illinois
The construction industry is an important source of employment for Illinois workers, as well as those across the country. According to the Occupational Safety and Health Administration, nearly 6.5 million U.S. workers laboring in more than 250,000 construction sites every day.
Unfortunately, as any Chicago construction accident lawyer knows, this large subset of the workforce is exposed to a relatively high workplace injury rate. Data from the Bureau of Labor Statistics establishes this fact. In recent history, four out of every 100 construction workers were injured in the workplace every year.
The construction industry also carries a high fatality rate compared to other industries. In fact, OSHA studies show that the rate of workplace deaths in construction is higher than the national average.