Tips On What To Do If You Are Injured At Work

Date
Posted by

Being injured at work is a common occurrence and can often be frightening. Several questions can pop up all at once. First and foremost, what is wrong with me and how severe are my injuries? Who is going to pay may medical bills and what if I cannot return to work for a period of time? What if I don’t like the way the company doctor is treating me?

All of these questions are very important, which is why you should always consult with an Illinois workers compensation attorney who can and will protect your rights. Under the Illinois Workers Compensation Act, if an employee is injured on the job, then employer must pay all of the related medical bills and 2/3 of the employees average weekly wage for any time off of work due to the injury. Assuming the injured employee returns to work, then he or she will be owed a permanency award at the end of the case. This is a very basic outline of the benefits involved with workers compensation.

There are multiple things to remember if you suffer from a work injury. Below are list of things that you should and should not do if you are injured at work.

1. Do  report the injury to your supervisor/employer immediately and preferably in writing.

2. Do seek medical treatment as soon as possible.

3. Do give a detailed accident history to your treating physician describing how the work injury occurred.

4. Do have your doctor put any work restrictions in writing and forward to your employer.

5. Do keep your employer updated on your medical treatment and let him or her know if you have been released from treatment or sent back to work.

6. Do not disobey your doctor’s orders concerning treatment, restrictions or return to work.

7. Do not miss any doctor’s appointment or therapy sessions.

If you or someone you love has been involved in an Illinois work accident or has an Illinois workers compensation case, please have them call Chicago work comp attorney, Aaron J. Bryant, at 312-614-1076. I provide free legal consultations and can answer any questions.

 

Illinois’ New Traffic Laws For 2015

Date
Posted by

2014 was a busy year for the Illinois Legislature and outgoing Governor Quinn. Many new laws were passed, including several new traffic and boating laws. Below is a recap of the relevant laws that went into effect on January 1, 2015.

Higher Tollway Speed Limits

Senate Bill 2015, clarified an earlier bill that raised the speed limit to 70 mph on some highways and interstates. This new bill (which was vetoed by Governor Quinn and later overridden by the Illinois House) raises the speed limit on tollways and expressways in and around the Chicago area and metro east St. Louis. The earlier bill did not include the Chicago or St. Louis areas.

Change In Traffic Stops

A new law sponsored by Senator Mike Noland, an Elgin Democrat, allows drivers who are ticketed for minor traffic stops like speeding, are no longer required to hand over their license as a bond assuring they will appear in Court. Now ticketed drivers can sign an agreement promising to pay the ticket or to appear in Court.

Second, there was a new bill outlawing ticket quota systems by police agencies.

New Boating Laws

Sen. Julie Morrison, a Deerfield Democrat, won approval for a new law that requires a boat that’s towing someone to display an orange flag.  This bill was passed in honor of the 2012 death of Libertyville 10-year-old Tony Borcia. Tony died after he fell off a tube being towed in the Chain O’ Lakes and was hit by another boater.

Another allows police to seize the craft of an intoxicated boater in some cases.

As always, I will continue to post and analyze any new proposed or passed Illinois traffic laws.

If you or someone you know has been seriously injured in a Chicago car crash or Illinois boating accident, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

Georgia Man Ticketed For Eating Hamburger & Driving

Date
Posted by

The Atlanta Journal Constitution reported that a Georgia man was given a traffic citation for driving and eating a hamburger. More specifically, the officer cited the driver for:  “exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.”

It does not appear that there is a specific law against eating and driving in Georgia but the officer followed the man for two (2) miles and concluded that he was driving erratically enough that he deserved a ticket.

I did some research and there is no law in Illinois that forbids eating and driving. The Illinois State Police’s website does caution against eating and driving as ways to avoid distracted driving. Their website states: “Stop to eat or drink. Drive-through windows and giant cup holders make it tempting to have a meal while driving, but you’re safer when you stop to eat or drink. If you can’t avoid eating while driving, try to avoid messy foods.”

This may appear as a funny news bit but I believe eating and driving can be just as distracting as texting or using your phone while driving. All it takes is a second or two of not paying attention that can cause a driver to lose control and swerve into another lane or rear-end a fellow driver. This is especially true for messier foods. I agree with the State Police. Put the food down and wait until you can park somewhere to finish your meal.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

Red Light Camera Operator In Missouri Settles Class Action Lawsuit

Date
Posted by

According to the Kansas City Star, more than 100,000 drivers caught by red-light cameras in the Kansas City area (900,000 statewide) could get partial refunds under a proposed settlement of class-action lawsuits announced Friday.

American Traffic Solutions, which has provided the red-light cameras used in Kansas City, Grandview, Excelsior Springs and Sugar Creek, along with 23 other cities across Missouri, said Friday it had agreed to resolve all pending class-action lawsuits on behalf of those communities.

The total value of the settlement is estimated at $16 million, and each plaintiff/class member would receive a $20.00 refund from American Traffic Solutions in the settlement.

The basis for the class action lawsuit was that red light cameras were unconstitutional or in conflict with Missouri state law. In other words, the red light camera ordinance was perceived as a money maker rather than a safety provision. The Missouri Supreme Court will address the issue of whether red light cameras are constitutional within the next month.

 

As I have written here before, there is a class action lawsuit pending in Illinois against former Chicago area red light camera operator, Redflex, which alleges that this company was unjustly enriched millions of dollars through their contract with the city. It has been alleged in criminal court that Redflex employees received their contract with the city through bribes. There does not appear to be any class actions pending in Illinois which contest the constitutionality of the red light cameras.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, the call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-268-7385.

 

Chicago Tribune Study: Red Light Cameras Do Not Decrease Car Accidents

Date
Posted by

The Chicago Tribune commissioned an independent study with Texas A&M University professors to determine whether Chicago’s red light cameras actually make busy intersections safer for drivers.

The study, which confirms earlier studies by Texas A&M, concluded that the cameras make very little overall difference regarding traffic accidents.  The study, which accounted for declining traffic accident rates in recent years as well as other confounding factors, found cameras reduced right-angle crashes (t-bone accidents) that caused injuries by just 15 percent.  According to a car accident attorney, there was a 22 percent increase in rear-end crashes that caused injuries, illustrating a trade-off between the cameras’ costs and benefits.

“The biggest takeaway is that overall (the program) seems to have had little effect,” said Dominique Lord, an associate professor at Texas A&M University’s Zachry Department of Civil Engineering who led the Tribune’s study.  “So the question now is: If we eliminate a certain type of collision and increase the other and overall it stays the same, is there an argument that it is fair to go with the program?” Lord said. “That is a question that I cannot answer.  “Just the elected officials can answer for that.”

So there is the million dollar question. If there is no safety benefit, and merely an economic one, should the city continue with its’ red light camera program? Mayoral candidate, Alderman Bob Fioretti, stated last month that he would do away with the program and plans on submitting an ordinance in April. What will Mayor Emanuel do? He has yet to respond.

If you or someone you love has been injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-588-3384.

Chicago Alderman Calls For End To Red Light Cameras

Date
Posted by

I’m not sure how I missed this last week, but Chicago Alderman and 2015 mayoral candidate, Bob Fioretti, has called for the end of red light cameras in the city. According to the great website, dnainfo.com, Fioretti said at a news conference at City Hall in December that he would submit local ordinance that would put an end to red light cameras.  “The majority of red-light cameras do little to create safety,” Fioretti said, citing a Texas A&M study showed they might help reduce so-called T-bone crashes of cars crossing in the intersection, only to increase rear-end, same-direction collisions involving cars either speeding up or slowing down at a yellow light.

He also said they were riddled with corruption and cited how the city ended its relationship with the original camera firm, Redflex, in a case that found city and company officials charged with federal crimes, with one already having pled guilty.

“The entire program is fraught with failed oversight, corruption and unfair enforcement,” Fioretti added.

According to this article Chicago has the largest traffic camera program in the country with 350 red-light cameras and 130 speed cameras.

This is quite a development as I have written on this blog over and over again that red light cameras do not make our intersections safer. In fact, as Alderman Fioretti pointed out, some studies have claimed that they make intersections more dangerous because drivers are timid and often stop short when they should drive through.

I have not seen a response from Mayor Emanuel on this issue but I seriously doubt he would pull the plug on traffic cameras at this point. City Transportation Commissioner Rebekah Scheinfeld defended the cameras in a statement: “The act of running a red light is against the law and can have disastrous and life-altering consequences including serious injury or death,” she said. “Traffic safety is a serious and important issue, and red-light enforcement cameras play a key role in helping to improve public safety.”

I have not decided who I am going to vote for next month but this is an issue I will definitely keep in mind before going to polls.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

4 Iron Workers Injured In Chicago Construction Accident

Date
Posted by

The Chicago Tribune reported today that an iron beam collapsed on a construction site near Lake and Canal streets in downtown Chicago. Two iron workers apparently were on the beam when it collapsed about twenty (20) feet and two others were below the beam.

Two workers were taken in serious-to-critical condition to Northwestern Memorial Hospital, another in serious-to-critical was taken to Stroger Hospital and the fourth, in fair-to-serious condition, was transported to Rush University Medical Center.

It has been reported that the site has been closed down to allow OSHA time to come in and investigate the cause of the construction accident. First and foremost I think the whole city should breathe a sigh of relief that there were no fatal injuries from this accident and that all four workers will be in in our thoughts and prayers for a healthy recovery from any injuries.

Regardless, it is important to point out that each of these workers will be entitled to Illinois workers compensation benefits as a result of their injury. First, each of the workers is entitled to payment of all of their medical bills for treatment related to their work injuries. Second, the workers are entitled to what is called temporary total disability (“TTD”), which is payment directly to them for their time off of work due to these injuries. The payments are equal to 2/3 of their average weekly wages. Finally, assuming the workers go back to full duty after recovering from their injuries, they will be entitled to a permanent partial disability (“PPD”) award, which typically comes in a lump sum.

Another issue to consider for these injured workers is determining who was at fault for this accident. If the OSHA investigation, or any other independent investigation, determines that a third party was at fault for this construction accident, then the injured worker could have a potential civil lawsuit in the circuit court for their personal injuries, lost wages, medical bills and loss of enjoyment of life. It is premature to determine if this construction accident was caused by a third party (a party other than the workers’ employer), but it is common for multiple subcontractors to be present during a major construction project. If so, the injured worker will have both an Illinois workers compensation claim and civil lawsuit against any liable third party subcontractors and/or general contractors.

If you or someone you love has been seriously injured at work and has an Illinois workers compensation case or has been involved in a Chicago construction accident, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

Car Accidents In Illinois Are On The Rise

Date
Posted by

The Chicago Tribune reported this week a wealth of statewide traffic accident statistics. Although the number of traffic fatalities in Illinois is down from last year, the number of overall crashes remains high and has state officials worried since there has been an increase of auto accident lawyer firms being hired for  legal representation. There have been on average, 782 car crashes per day in Illinois this year. This is the highest rate since 2008. State officials are citing that post-recession traffic along with the drop in gas prices has led to the high number of car accidents. With the increase in accidents there has also been an increase for the need of car repairs at collision center shops. These repairs got from auto glass repair to an extensive collision repair.

Despite the increase in car crashes, state officials are pleased to report that traffic fatalities are on the decline.  “If the provisional numbers for 2014 hold up, we could have the lowest number of fatalities in Illinois in several decades,” said Guy Tridgell, an IDOT spokesman in Chicago. “We are confident that we will have fewer than 1,000 motor-vehicle fatalities in Illinois for the fifth consecutive year. Just 10 years ago, we were well over 1,300.”

State safety officials said the installation of more guardrails, barrier systems and rumble strips on roads, along with recently enacted traffic laws, are all having a positive impact. This year, for example, it became illegal for drivers in Illinois to use electronic devices unless they are hands-free.

Poor decision making remains a constant cause of traffic accidents. Almost a third of the crashes involved driving at a high rate of speed, while another third are alcohol related.

One statistic that was not mentioned in the article or by state officials is the number of car crashes related to cell phone and hand held device usage. I would like to see what the number of car crashes are related to distracted drivers. Although I have been impressed with the Illinois Legislature’s effort to curb distracted driving – – and I have written so in the past – – I would still like to see stiffer penalties for those charged with texting and driving which results in a death or serious injury. Although the increase in traffic due to the improved economy is definitely a factor, I strongly believe texting and driving has to be another reason we are seeing an increase in traffic accidents in Illinois.

If you or someone you love has been injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

Illinois Governor Signs Amendment To Jury Law

Date
Posted by

On December 19, 2014, Illinois Governor Pat Quinn signed an amendment (Public Act 098-1132), that changes the scope of jury law in this state. First, the new law, which takes effect on June 1, 2015, increases juror pay to $25 for the first day and $50 per day for any after that a juror serves. Second, the amendment decreases the size of a jury from 12 to 6.

These new laws have been getting mixed reviews from the media, including an op-ed in the Chicago Tribune, completely denouncing the new law. The editorial basically states that the new law is a ploy by Plaintiff”s attorneys to curry favor with its jury. I take exception to the Tribune’s take on the new law. Serving as a juror is a tough burden the court system puts on its citizens. Jurors sacrifice their time away from their families, their jobs and money to serve. A minimal bump in payment for their time served is not asking too much to reimburse people for their sacrifice to the community.

I think it is unclear right now what all of the effects will be with a 6 person jury will have over a 12 person jury.  One thing is certain, a juries will be picked much more quickly, which will shorten the length of trials. And most likely juries will deliberate for less time because there are fewer voices in the room. All of these appear to be positives.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.

Redflex Consultant Pleads Guilty In Red Light Camera Case

Date
Posted by

I wrote earlier this year about a federal investigation involving, Redflex, the technology company that previously handled Chicago’s red light camera technology. That federal investigation led to indictments against the Redflex CEO, and consultant and a city of Chicago official for all allegedly being involved in a bribery scandal. The Chicago Tribune reported today that the “bagman,” Martin O’Malley, plead guilty to a single count of conspiracy to bribe a public official. He faces up to five years in prison.

The interesting issue here for me is whether this will affect the pending class action lawsuit against Redflex. The lawsuit, filed earlier this year, alleges that Redflex was unjustly enriched millions of dollars from this contract with the city Chicago because they allegedly received these funds through illegal bribes. It will be interesting to see if the transcripts from Mr. O’Malley’s sentencing hearing will be used as evidence in the class action lawsuit. I will be following this case closely.

No word yet as to whether the city has any plans on ending the use of red light cameras throughout Chicago. I don’t see a change any time soon.

If you or someone you love has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron Bryant, for a free legal consultation at 312-614-1076.