COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Posted in COVID19

Under the Illinois Workers’ Compensation Act, workers usually encounter two types of work injuries in most circumstances: 1) injuries which resulted from a sudden event or accident, which is oftentimes termed an “acute” injury; and 2) repetitive trauma injuries which result from the cumulative stress developed over time, usually the result of doing the same activity over and over.

There are a lot of repetitive work injuries an employee can encounter: carpal tunnel syndrome, cubital tunnel syndrome, De Quervain’s, thoracic outlet syndrome, intersection syndrome, medial epicondylitis (golfer’s elbow), lateral epicondylitis (tennis elbow), trigger finger, radial tunnel syndrome, ulnar tunnel syndrome, etc.

Katz Friedman has represented thousands of repetitive trauma cases over the years involving these types of injuries. As a result of that experience, there are some important considerations to understand which can significantly improve your chances of establishing a successful repetitive trauma claim.

When a family decides to admit their loved one into a nursing home, it is done with trust that their loved one will receive the best care, treatment, and supervision. This level of understanding and trust come about because nursing homes supervise and coordinate the care and treatment with extensive staff to give an elderly person independence that they would not otherwise have at home along with the best outcome for their individual health. Unfortunately, many nursing homes provide understaffed facilities that commonly lead to mismanaged treatment. Most times, elder neglect leading to sickness and death are the fault of the management at the nursing home and not the fault of the staff. Before the Coronavirus struck our communities, the usual medical errors at nursing homes included over and under medicating persons, understaffing, and inadequate training. As nursing home deaths continue to rise, many families are wondering if the loss of their loved one was preventable. In most cases, it is believed that the nursing home not only could have prevented the death, but they also acted negligently by law and need to be held responsible for the loss and harm caused. Various nursing homes around the state have had massive outbreaks leading to almost half of Illinois death cases originating at the very facilities designed to protect their residents. The list of nursing homes across Chicago, Cicero, Niles, Skokie, Lincolnwood, Glenview, Des Plaines, Bolingbrook, Norrdige, and Park Ridge. (Source Chicago Tribune) Chicago nursing home negligence lawyers believe that the reason for many of these deaths is a system error from the top down at the nursing home.

Perhaps the most common type of nursing home neglect comes from improper hygiene. While normally this would involve simply checking up on a loved one or simply making sure that a person was adequately bathed, the Coronavirus is exposing a level of unhygienic practices that are simply unacceptable, including failing to make sure that residences are kept safe from sick visitors and failing to screen the staff who have Covid symptoms. This is not only something that is easy to do, it is crucial to account for when taking care of elderly people since the Coronavirus will lie dormant, without any symptoms, for days and even 1-2 weeks. Once symptoms start to show, it may be too late for anyone in contact with a sick person. (Source Chicago Suntimes) Another common problem at nursing homes is that nursing home owners and corporations cut costs and have left their staff without adequate personal protective equipment, which not only exposes the staff to Coronavirus, but it spreads the virus to many other patients. For this reason, nurses and CNA’s are filing workers compensation claims with Chicago workers’ compensation lawyers for disability benefits and awards or settlements. Unlike workers’ compensation claims, a lawsuit against a nursing home that put profits over people allows for even further damages to compensate loved ones, including funeral expenses and loss of society and companionship.

A wrongful death claim may be made against a nursing home when your loved one’s passing was the result of the business’s negligence, recklessness, or intentional wrongdoing. Were it not for the nursing home owner’s systematic neglect, your loved one would not have died. You may have the right to file a wrongful death lawsuit if you were the elderly individual’s spouse, child, or parent. The compensation often is divided among a spouse and children. If there is no surviving spouse, each child can bring a wrongful death claim. Before a family can move on from the loss caused by negligence or abuse, the usually first want to obtain answers and compensation. Every family member has the right to seek compensation and every family member has the right to get legal advice about a wrongful death or survival claim. If there is some evidence that the nursing home breached its duty of care toward your family member, Katz Friedman is prepared to help you hold the facility responsible. You may call us at anytime at our toll free number, 1-800-444-1525. We answer our telephone 24 hours a day. Chicago wrongful death lawyers at Katz Friedman are currently investigating Covid-19 cases on behalf of families. When making decisions regarding a injuries and death from Covid-related negligence at a nursing home, it is wise to consult an attorney to protect your interests because it is clear that the nursing homes already have their lawyers working on this issue to defeat your claim and help the nursing home get away with their system failure. If you or someone you know wants to investigate a nursing home for a death related to COVID-19, the attorneys and staff of Katz Friedman are here to help with obtaining proper compensation.

The impact of the Novel Coronavirus is in its early stages and the toll on families has been devastating. What’s more, the degree to which the health care industry is suffering from this illness is now being felt locally. Within the past week, a 35 year old registered nurse died at Amita Health Adventist Bolingbrook Medical Center from cardiac arrest caused by Covid-19. (source Via SunTimes) Like many health care professionals falling ill, the fact that she worked at a nursing home only brought greater risk to her health and well being. In fact, the Meadowbrook Manor nursing home in Bolingbrook is one of many nursing homes around Chicago caring for patients suffering from Covid-19 infections. Similarly, a CNA fell ill from Covid and died at age 35 at Stroger Hosptial. The name of the nursing home where she worked is Mado Health Center (Uptown), which has at least 46 Covid cases. (Source via WGN) Illinois nursing homes are responsible for over 1,000 infections from the Cornavirus. Among them, Symphony of Joliet, Bria Forest Edge, and Alden Terrace in northwest suburban McHenry have over 100 a piece. Families of patients and employees at these facilities want to know when the preventable harm will stop.

The death toll continues to mount at other facilities like the Westchester Health and Rehab facility, Elevate Care North in Chicago, and Windsor Park in west suburban Carol Stream. (source via WGN)

Based on the dangerous conditions at nursing homes, many workers had planned strikes to protect their rights which; in turn, eventually protects their patients health. (source via ABC) It is expected that more nurses, doctors, respiratory therapists, CNA’s and various health care professionals are going to hire lawyers and file claims against their employers for workers’ compensation benefits like disability pay, medical bills, and a settlement or award for permanency. Many health care professionals are extremely worried about their ability to work to the degree they did before contracting Covid since many of the permanent problems involve extreme fatigue from heart, lung, and internal organ damage. Fortunately, the Illinois Workers’ Compensation Act protects these rights by providing monetary awards for future lost wages and even in the most extreme cases, death benefits for families.

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