Articles Posted in The Rest

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If you’ve been injured in a slip-and-fall accident, there are several things that you need to prove and several types of evidence that can help you meet those requirements. You need proof of an injury. You need proof of causation. You also need proof of notice, among other things. You can get that proof with document evidence or lay witness evidence or expert evidence (among other types). It is, however, essential to be sure you have the evidence you need lined up and ready to present to the court in order to take your claim to trial. To be sure you have what you need for success, talk to a skilled Chicago injury attorney about your case.

L.C. was a woman who was injured in a slip-and-fall accident in a Chicago stairwell. She allegedly suffered significant injures and, as a result, decided to sue. In L.C.’s case, she asserted that she fell due to ice on the stairwell that accumulated as a result of faulty gutters.

When you’re suing a property owner in a premises liability case (which can mean a slip-and-fall or a trip-and-fall, among other scenarios), there are several things that you have to show. One of those things is what’s called “notice.” Notice means that the property owner knew, or reasonably should have known, about the hazard that caused your injuries.

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Unfortunately, given the current health crisis due to Covid-19/Coronavirus, many companies and employers are facing financial difficulties. Injured workers are understandably concerned about what will happen to their claims if their employers go out of business. Don’t panic, but best to get help. The good news is that a workers’ compensation claim typically survives whether the employer is actively operating its business or not.

The Illinois Workers’ Compensation Act requires that employers carry workers’ compensation insurance unless it is allowed to self-insure. Most small and midsized employers, and many large employers, do carry workers’ compensation insurance. When an insured employer goes out of business, the insurance carrier typically remains liable for coverage of the workers’ compensation claim. The Illinois Workers’ Compensation Act permits us to file the claim directly against the Insurance Company in these situations. There may be delays in benefits, court hearings and settlements due to bankruptcy court “stay” orders on all litigation. However, many injured workers’ claims can be kept on course under most circumstances, with the insurance company paying for medical treatment and disability benefits.

If the workers’ compensation insurance company were to go out of business, then the claim typically would be handled by the Illinois Guarantee Fund. When this happens, the claim would still be active, but would be paid by the Illinois Guarantee Fund instead of the original insurance company. This is not a desirable situation as the Illinois Guarantee Fund is not always fully funding the settlement claims.

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The recent nationwide surge in COVID-19 (Coronavirus) is a disturbing reminder that our nation’s public health crisis is far from over.  Despite a push to re-open, many states are now reversing course and locking back down in an effort to further curb a spread that is growing wildly out of control.  Dr. Anthony Fauci, White House advisor on Coronavirus, testified before Congress that daily infections could increase to 100,000 unless states take further action to get the surge of cases under control.[i]

Illinois has thus far managed to keep Coronavirus infections under control, and has dropped to sixth in the US for total number of COVID cases.[ii]  Some nursing homes are even beginning to allow visitors – such as Hillcrest Nursing Center in Round Lake, or Citadel of Wilmette.  The Illinois Department of Public Health has even created a website that allows individuals to track county-level COVID-19 data.[iii]  Fortunately, most counties and communities across the state – from Chicago, to East St. Louis, to Peoria, to Springfield are seeing stable COVID-19 metrics.

However, this does not mean that Illinoisans are entirely in the clear.  “As more aspects of the economy open and more person to person interactions take place, there are many more opportunities for the spread of COVID-19.  The virus hasn’t gone away,” said Governor J.B. Pritzker.[iv]  There will be greater opportunity for the virus to spread as the state continues to reopen.  This also means that workers in many front-line sectors of the economy – such as nurses, doctors, other healthcare workers, and restaurant workers – will continue to be at high risk for getting sick at work from COVID.

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The short answer to these questions is: “Yes, you can still possibly file a workers’ compensation.” It will be highly dependent on the facts of that specific case, but you can still file a claim if you met the criteria. This is where an experienced attorney can help and guide you with your possible claims. Understanding a few important provisions of the Illinois Workers’ Compensation Act is vital to preserving your rights if you’ve been laid off or furloughed because of Covid-19. Or, even if you have an older claim that you did not want to pursue at the time but now want to see if you are still entitled to compensation.

How long do I have to file a claim?

Even if you are no longer working for your employer, you are legally entitled to file a workers’ compensation claim within three (3) years from the date of the injury/accident, or two (2) years from the date of last compensation received because of the injury, whichever is longer. 820 ILCS 305/6(d) Illinois General Assembly. Outside of these time periods, you may find yourself barred from receiving any compensation for that work accident and injury. However, it is important to understand that just because you may still have the ability to file a workers’ compensation claim, there is no guarantee you will be entitled to benefits if you do not take the proper steps in preserving your case.

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Corrections officers protect us everyday by maintaining order in the jails and prisons across Illinois. They keep some of the most violent and dangerous criminals from harming the public. While various physical injuries have been a common duty related risk for Corrections Officers keeping offenders from harming themselves, other inmates, and law enforcement personnel, the growing number of Corrections Officers sick on the job from Covid-19 poses an even greater risk of harm to this crucial part of our workforce. Illinois prisons and larger County Jails, including Cook County, Dupage County, Lake County, Will County, Kane County, McHenry County, Winnebago County, LaSalle County, Peoria County, Tazewell County, McLean County, Champaign County, and Sangamon County are dealing with the threat of COVID-19 exposure. Cook County Jail has been identified as a top U.S. Hot Spot for the coronavirus, according to data compiled by The New York Times. (Source) Corrections Officers are becoming severely sick from COVID-19, many have died, and unfortunately many will continue to die over the course of this year.

Illinois Workers’ Compensation Law provides that employers are responsible to pay the same benefits for a Corrections Officer’s work injury as well as when a Corrections Officer contracts the novel corona virus. These benefits include weekly workers’ compensation pay when disabled from work, payment of medical expenses, and settlements for permanent partial disability. Some employers and their insurance companies will attempt to deny Corrections Officers’ COVID-19 claims contending that Coronavirus exposures are common to the general public. Clearly, many Corrections Officers will be exposed to COVID-19 to a greater extent than the general public if the virus is infecting the jail population. For instance, as the virus grows at a rapid rate among many Chicago-area jails, the increase in the number of exposed Corrections Officers and Sheriff’s Deputies is substantially certain. Similar rates of infection are also being seen among police officers and Sheriff officers. It is clear that this risk is higher than the general public and much higher than most professions outside of health care. Fortunately for those injured by falling ill from their job duties, the Workers’ Compensation laws in Illinois cover conditions made worse by a work injury. Just like with pre-existing conditions in health care coverage, it is expected that insurance companies and their lawyers will claim that a person’s condition was not worsened by Covid despite the evidence to the contrary. If it weren’t for these types of underhanded tactics, many injured people wouldn’t need to hire experienced workers compensation attorneys around Chicago and across Illinois. Some Corrections Officers will have mild symptoms from the Coronavirus, but others may have serious and permanent COVID-19 injuries including lung, kidney, liver, and heart damage. The permanent problems experienced with damage to vital organs not only diminishes the quality of life and life expectancy itself, but this type of organ damage will impact a person’s ability to carry out their jobs and provide for their families. What’s more, Covid will cause an aggravation of of conditions like diabetes, heart disease, and asthma, which can cause other long-term, detrimental health problems and even death years after this pandemic ends.

Governor J.B. Pritzker has called upon the IL Workers’ Compensation Commission to address the concerns for legal protection for essential workers. On April 13, 2020, the IL Workers’ Compensation Commission filed an Emergency Rule to deal with evidentiary issues in cases involving essential workers infected with COVID-19. (Click here for more information) . What this rule means is that Corrections Officers along with all members of Illinois law enforcement, who are considered essential workers like nurses and doctors, will have a somewhat easier time of proving that they contracted the Coronavirus as a consequence of an exposure to the virus in the work place. This rebuttable presumption means that it is presumed that a Corrections Officer with a positive Covid test was hurt at work and it puts pressure on the employer to prove that the illness was caused somewhere else. This presumption helps workers’ compensation attorneys like us prove your claim for benefits under the IL Workers’ Compensation Act was the result of prison or jail exposure to the virus and not simply a disease that is common to the general public. It is expected that many Covid work injury cases will be fought intensely by defense attorneys whose primary interest is saving the employer as much money as possible. Our job as the injured worker’s attorney is to maximize all benefits provided by the Illinois Workers’ Compensation Act. We are on your side.

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Before the recent pandemic, Amazon had come under fire for various workplace safety incidents, including one in Joliet, Illinois, involving allegations that the company delayed emergency medical treatment for a worker who suffered a heart attack and died in early 2017. In fact, a lawsuit claims that workers waited 25 minutes before calling 911. Since the fire station was only a half-mile away, it is apparent that the delay probably led to the worker’s death. What makes the allegations against Amazon even more concerning is that no AED (Automated External Defibrillator) was provided because the AED boxes did not actually have the devices inside of them. When the Joliet Fire Department arrived, the EMTs were slowed down by security and were forced to go through the much of the 1,500,000 square foot warehouse facility before reaching the injured worker, which caused him to lose precious time to save his life. Later in 2017, an Amazon forklift operator was crushed and killed at the Plainfield, Indiana fulfillment center. Regulators found out that Amazon did not provide their worker with any safety training. In fact, safety issues at Amazon were dismissed and covered up. It comes as no surprise that the state authorities issued $28,000.00 in fines. 6 other similar incidents took place between November 2018 and September 2019 at the company’s various locations across the U.S., making many people wonder if Amazon is willing to sacrifice human life for the sake of more profits.

In 2018, the Monee warehouse reported 235 injuries. The rate of injury was 2.3 times higher than the industry average. Many people in Will County are concerned about the level of safety at the five fulfillment centers located in their community, especially now with the threat of Covid-19 surrounding their loved ones as they work to supply area families with the necessities of life during this difficult time. Most people have questioned the safety of Amazon workers without masks in the local facilities, but that may change. In announcing daily temperature checks of workers and the supplying of masks, Dave Clark, Amazon’s senior vice president of worldwide operations, said via written statement”Whether it’s fulfilling orders in one of our fulfillment centers, delivering an order to a customer’s doorstep, or one of the many roles in between, I couldn’t be more proud of the critical role our teams are serving by enabling people to stay safe at home while receiving the products they need.” While these steps are certain to prevent further Amazon workers from contracting Coronavirus, time will tell if it is enough. Since Amazon already hired 80,000 of the 100,000 additional workers they need, it isn’t hard to imagine that Amazon sees its workers as easily replaceable until more drones and robots can be used to cut down on costs.

Based on Amazon’s conduct, Katz Friedman is investigating work injury cases on behalf of many distribution, warehouse, logistics, and fulfillment center workers in Monee, Joliet, Plainfield, Crest Hill, Romeoville, Waukegan, Aurora, Edwardsville, and Chicago, Illinois. We are also investigating Amazon related to its practices involving Amazon Flex delivery drivers who get hurt on the job but are unfairly denied workers compensation benefits. When making decisions regarding a work injury involving Amazon, it is wise to consult an attorney to protect your interests because Amazon has been prepared to fight its injured workers for a very long time. If you or someone you know works for Amazon and has suffered injury due their job at Amazon, the attorneys and staff at Katz Friedman are here to help with obtaining proper compensation.

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A glitch in American Airlines’ pilot scheduling system means that thousands of flights during the holiday season currently do not have pilots assigned to fly them.

The shortage was caused by an error in the system pilots use to bid for time off…..

Click here to continue reading the full NPR story

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Click here to read the full press release from the National Academy of Social Insurance

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“They had contracts to provide content or services, did that, and weren’t paid.”

– Joshua File, Katz Friedman Attorney

This week Katz Friedman Law office filed a lawsuit for a group of 38 Ebony magazine freelancers in Cook County Circuit Court, claiming they are collectively owed more than $70,000 for their work.

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The Illinois workplace injuries you suffer are not always physical ones. For one firefighter seeking workers’ compensation benefits, his injury was post-traumatic stress after a fellow firefighter died battling a blaze. Even though the firefighter did not actually see his colleague die and was not involved in trying to rescue or resuscitate him, the overall facts of the case still indicated that he suffered a “severe emotional shock” and was entitled to benefits, the Illinois Appellate Court has ruled.

The claimant was a man who began working as a firefighter in 1986. In 2010, he was a lieutenant in a small department for the Village of Homewood. The man was in command at a fire in Homewood in March 2010 when a flashover occurred and one of Homewood’s firefighters died in the blaze.

After the incident, the Homewood fire chief told the lieutenant that he could not return to work until he was cleared by a psychiatrist. By May, the lieutenant had seen a doctor, who diagnosed him with post-traumatic stress disorder. The lieutenant returned to work in the fall of 2010.

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