Illinois Judge Reverses Workers Compensation Protection For Covid-19 Diagnosis

I wrote a few weeks back about Illinois Governer JB Pritzker’s announcement that all Illinois essential workers who become infected with Covid-19 would have automatic workers’ compensation protection. In other words, they would not have to prove the usual step that their injury (“Covid diagnosis”) was directly caused while working within the course and scope of their employment. Following this order and amendment to the Illinois Workers’ Compensation Act, the Illinois Retail Merchants Association and the Illinois Manufacturers’ Association filed a lawsuit seeking a temporary restraining order blocking this change to the Act.

The temporary restraining order was granted by a Sangamon County judge. The Illinois Workers’ Compensation Commission immediately issued a statement stating: “The commission voted unanimously this morning to repeal the emergency rules that took effect April 16.” It is unclear whether this ruling by the judge will be appealed or whether the Illinois legislature will take this up and vote on making an ammendment to the Illinois Workers’ Compensation Act.

This is an unfortunate turn of events as essential workers such as nurses, medical professionals, retail workers and delivery drivers will not have automatic protection despite risking their health by going into work every day. If these essential workers do become infected with Covid-19, and they believe it happened while at work, they still have the right to file an Illinois Workers’ Compensation claim. Although, their attorney will have to prove at trial that the Covid-19 was caused while at work. This would need to be done through medical expert testimony. Basically, a doctor would have to testify (either through their records or at deposition) that they believe within a reasonable degree of medical certainty that the worker’s Covid-19 diagnosis was caused by their exposure at work as a front-line essential worker. These claims can be made, it will just be a lot more difficult without an amendment to the Illinois Workers’ Compensation Act.

If you or a loved one were seriously injured in a Chicago work accident or have an Illinois workers compensation claim, please call Chicago work comp attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Red Light Camera Violations Down Amid Coronavirus

Red light cameras have been a topic I have written about numerous times on this site. This issue has been often criticized by the media and academics alike. The characters behind the contracts with the city of Chicago have been put in jail for fraud, all the while multiple studies have shown they bring almost no positive safety impact on the intersections where the lights are placed.

Prior to the Covid-19 pandamic outbreak, which led to a shelter-in-place throughout the state, the Illinois house of representatives passed a bill that would have outlawed red light cameras. That bill never had a chance to reach the Senate as the state legislature closed down like most businesses.

Regardless, red light cameras are still in effect in Chicago and throughout Illinois. The Chicago Sun Times reported last week that red light camera violations are down 45% in March compared to February 2020. And compared to March 2019, red-light violations in Chicago were down 54%, numbering just 19,840 in March 2020 compared to 42,812 in March 2019. “At this time, we are seeing a nationwide trend of fewer citations overall, driven by the lower amount of traffic on the roads,” said Neil Franz, a spokesman for Conduent State & Local Solutions Inc., the vendor that operates Chicago’s red-light cameras.This is no surprise as motor vehicle traffic is way down since the shelter-in-place order took effect in mid-march. I have not seen any numbers for April yet.

As I have written multiple times in the past, I do not see any benefit of red light cameras other than a money grab for local governments. Studies have been performed by engineers and traffic experts that conclude there is no beneficial safety impact for having red light cameras in place. What is the point of having these in place if they do not make our intersections safer? I hope that when the Illinois legislature is back in session (presumably this Fall), they take up this bill again and outlaw these cameras foreever.

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

Illinois Governer Extends Automatic Workers Compensation Coverage To Essential Front Line Workers

Illinois Governer J.B. Pritzker took bold executive action this week by extending Workers’ Compensation coverage to all essential front line workers who believe they contracted the Covid-19 virus while on the job. Pritzker amended the Illinois Workers’ Compensation Act to allow front line workers to obtain workers compensation coverage without having to prove throught medical testimony that they actually contracted the virus while on the job.

All other Illinois Workers’ Compensation claims require the Petitioner (employee) prove that their injury or condition was caused on the job. Pritzker wants to eliminate that step for essential workers who are putting their health on the line by going into work every day: ““We owe (essential workers) a debt that we can never fully repay. But to start, we can give them the peace of mind to know that they will be covered if they fall ill on the job.” This amendment to the Act covers health care workers, police and fire personnel, corrections officers, grocery store workers and food producers.

Illinois work comp benefits can include payment of all related medical bills, lost wages (2/3 of your average weekly wage), and permanent disability lump some payments once you are allowed to go back to work.

I applaud Governer Pritzker for taking this step to provide protection to our front line workers. There are no doubt hundreds, if not thousands, of essential workers who will become infected with Covid-19. Allowing employers to deny these claims would be a disservice to these people who are putting their lives on the line day in and day while we deal with this global pandemic.

If you or a loved one was injured at work or has an Illinois Workers’ Compensation claim or a Chicago work accident, then call Chicago work comp lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Police Conduct Roadside Stops Based On Stay At Home Order

The Chicago Police announced this week that they would be conducting roadside safety checks pertaining to the “stay at home order” issued by Governor JB Pritzker. The “stay at home order” was issued due to the outbreak of the Covid – 19 virus. The “stay at home” order lasts until April 30.

I interpret this as something similar to a DUI checkpoint that police often set up to prevent drinking and driving. DUI checkpoints, which are random stops of vehicles primarily on weekend nights, have been ruled as constitutional as the public safety concern outweighs the 4th amendment search and seizure protections. It seems the Chicago Police are using the same reasoning behing this type of roadside stop as they don’t want people out on the road who don’t need to be.

The Governor’s order provided the following exceptions for essential travel outside of homes:

-Performing essential activities, governmental functions, business and operations

-Caring for elderly, minors, dependents, persons with disabilities or other vulnerable persons

-Receiving materials for distance learning, receiving meals and any other related services from an educational institution.

-Returning to a place of residence from outside of jurisdiction

-Following the direction of law enforcement or court order, including to transport children pursuant to a custody agreement

-Returning to a place of residence outside the state for non-resident

The announcement did not state how long these roadside checks would last or where exactly in the city they would set up. I’d imagine they would set up on busy roadways like Lakeshore Drive and/or busy exits on and off the Eisenhower and Kennedy.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant for a free legal consultation at 312-1614-1076 or go to www.blgchicago.com

FDA RecallsZantac Heatburn Medication

The Food & Drug Administration (FDA) announced yesterday that they are recalling all over the counter and prescription rantidine drugs, which is known by the brand name Zantac. This also includes all generic versions of the drug. Importantly, the FDA advised consumers to stop taking any ranitidine tablets or liquid medications they currently have. 

The FDA announced in their recall that an ongoing study revealed

that levels of a contaminant in the heartburn medications increase over time and when stored at higher-than-normal temperatures, pose a risk to public health.The contaminant, N-nitrosodimethylamine or NDMA, is a probable human carcinogen and the FDA has been investigating levels of it in ranitidine since the summer of 2019. In short, studies have shown that prolonged used of Zantac (and its’ generic version) could cause certain forms of cancer.

If you have Zantac in you medicine cabinate, please stop taking it and throw it away immediately. If you believe you have a cancer diagnosis that could be linked to long term use of Zantac, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Safe Driving Is More Important Than Ever

Forbes magazine published an interesting article this week stressing the importance of safe driving during these perilous times. The crux of the article was that our healthcare systems cannot possibly keep up with serious injuries and other maladies that may come to their emergency rooms due to things like car accidents. Hospitals in certain parts of the country are already working at capacity due to the coronavirus epidemic.

This is a high importance of safe driving during this crucial period where many areas of the country are hitting their peak of coronavirus patients. According to the Global Alliance for NGO for road safety: “Hospitals and emergency services cannot manage road crash victims as they struggle to cope with the pandemic and governments are working hard to contain the virus.”

This means that if you must get into your car, put your phone down and focus on the road. And more importantly, do not get behind the wheel if you have been drinking. It is incredibly important to be vigilant while driving and to try your best to avoid traffic accidents and injuries if you have to take your car out.

The article also pointed out that the National Highway Traffic Safety Administration(“NHTSA”) has cancelled many of their annual traffic safety programs due to the coronavirus including Heat Stroke Awareness, Click It or Ticket, and Distracted Driving campaigns.  They are also postponing National Distracted Driving Awareness month from April to another month later this year. Regardless, I think it is critical that we all take extra precautions when we go out for a drive so that we can help soften the load for our first responders, emergency workers, doctors and nurses. They need our help more than ever and that starts by staying home or, at the very least, being careful behind the wheel.

If you or a loved one has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago accident lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Are Red Light Cameras Finally Coming To An End In Illinois?

Over the past several years I have written numerous posts about the viability, corruption and safety concerns of red light cameras in and around Chicago. The red light cameras have been scrutinized by the press and scientific communities questioning whether they actually make intersections safer. In fact, a study by Texas A&M and the Chicago Tribune concluded that there was a net zero impact on the red light cameras in Chicago. This led many to conclude that the cameras were merely a money grab by the city.

Due recent corruption charges to various Cook County politicians, we may finally see a roll-back and possible elimination of red light cameras in Illinois. Cook County Commissioner Jeffrey Tobolski resigned from his position within the County and also his position as mayor of suburbon McCook. hicago Department of Aviation and former top Illinois Department of Transportation official, Bill Helm, was charged with one count of bribery. Both of these individuals apparently have ties to State Senator Martin Sandoval, who plead guilty to charges that he took $250,000 in bribes from SafeSpeed LLC. as the red-light traffic camera company’s protector in the Senate and to help ensure the company was able to install red-light traffic cameras in Chicago suburbs.

The Illinois Legislature has had enough of the corruption and have recently passed bills that would cut down on the use of red light cameras, and possibly completely ban them. House Bill 322 was approved 84-4. non-home-rule communities would not be allowed to install the cameras in the future and would be required to remove any currently operational cameras by the beginning of 2021. That means 45 of the 101 communities in the state with red-light cameras would be forced to remove them.

Senate Bill 2902, if passed, would eliminate red light cameras in entirely throughout the state of Illinois. This is the bill I would like to see passed. I am not sure where Governor Pritzker stands on these bills. Based on the past corruption and the questionable viability as a safety measure, I do no see how these cameras are still allowed to be used in this state. I hope our lawmakers do the right thing.

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

Chicago May Lightfoot Introduced New Parking Ticket Ordinance

According to various news outlets, including the Chicago Sun-Times, Chicago Mayor Lori Lightfoot introduced a new city ordinance aimed at cracking down on drivers that are blocking bus and bike lanes.

If passed, the new law would allow parking enforcement aides to take a picture of a motorist parked in a bus or bicycle lane and mail the violation to the address of the license plate holder. The fines will range from $60 to $150. Currently, the ticket can only be issued if the vehicle is parked in a bus lane or bike lane. If someone drives off to avoid the ticket — even while a citation is being written — the parking enforcement aide is out of luck.

According to Mayor Lightfoots office, the purpose of the law to help decrease traffic congestion in the downtown loop. We already know that this has been a major focus for her office as she passed sweeping changes to downtown traffic laws in her most recent city budget. These changes included rate hikes for ride share companies in the downtown area and during peak rush hour time periods.

I applaud this new law as it aims to protect public transportation and bicyclists in the city. The whole purpose of designating lanes for buses and bicyclists is to encourage more people to use public transportation and to make life safer for bicyclists. How can that mission be protected if motorists continue to ignore the laws by blocking these lanes? I will be following this closely to see if the city council passes this proposed law.

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

Illinois Legislator Wants To Increase Speed Limits

Illinois State Senator, Jim Oberweis, R-Sugar Grove, has introduced two (2) bills that would increase the speed limit on Illinois interstates and highways. Senate Bill 2565 would raise the speed limit to 75 mph on interstates outside urban areas. Senate Bill 2564 would increase the speed limit on highways outside urban areas to a maximum of 60 mph from 55 mph.

These bills have faced opposition from safety groups and insurance companies, including AAA.

The Institute for Highway Safety found there is an 8% increase in fatal traffic accidents for every 5 mph increase in the speed limit. And the National Highway Transportation Safety Administration says speed is a factor in 39% of fatal crashes in Illinois. The national average is 28%. The American Automobile Association, or AAA is opposing the bill releasing the following statement to the media: “This would be a dangerous step in the wrong direction, putting Illinois’ recent gains in traffic safety into serious jeopardy.”

These bills were assigned to the Transportation Committee last month. The bills cannot be voted on until they pass through committee approval before being voted on by the Senate or House. I have not seen any news recently that these bills will voted on or that there is a push to have these measures passed.

If you or a loved one has been seriously injured in an Illinois Traffic Accident or Chicago truck accident, then call Chicago accident lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Illinois Adds Zipper Merge To Its’ Rules Of The Road

I wrote in the my last post about the new Illinois traffic laws that went into effect at the beginning of the year. One of those new laws is the inclusion into the Illinois rules of the is is known as the zipper merge. The Illinois Rules of Road handbook for student drivers will now include an explanation of a zipper merge.

According to the Illinois Department of Transportation (“IDOT”), a zipper merge is when there is a lane closure due to the recent construction by a DX2 or a traffic accident, drivers are to fill in both lanes all the way up to the merge point, at which point motorists will then have to take turns merging into the single lane. Traffic experts believe that is the quickest way to get through construction sites and entrances on highways during busy season. According to a 2013 Minnesota study, using the zipper merge reduces the length of traffic backups by as much as 40%, reduces congestion, creates a sense of fairness with everyone moving at the same speed, and reduces road rage.

This is the opposite of how most drivers have been operating for years. Typically, most drivers will get in line the lane that remains open after the merge. The challenge for the state is re-training drivers that the most efficient and safe way to drive is to fill both lanes. That is why all new drivers are learning this new method in the Rules of the Road handbook.

It will be interesting to see if motorists follow this new method as we see road construction all over the Chicago area during the spring and summer. I will also be looking to see if IDOT includes specific signage at construction sites that indicates to drivers that both lanes are available and should be used up until the merge point.

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