Posted on June 30, 2016 in Firm News

There is a test question in personal injury law that few outside of the profession may be familiar with, but it has proven to be a critical linchpin in determining many legal outcomes. It's called the "but-for" test. Simply put, you pose the question, if situation X had not happened, would situation Y have resulted? If the answer is no, then it can be said that situation X was the actual cause of situation Y.

It's an important distinction and one that recently proved to be a determining factor in a workers' compensation case heard by the Appellate Court of Illinois, Fourth District, which generally covers the central part of the state. Because of the ruling, an injured truck driver is getting a second chance at obtaining injury and disability benefits he claims he is due.

The case dates back to June 2011 when the plaintiff truck driver, who usually drove an automatic transmission truck, developed a blister on his left foot. Both sides stipulated that the injury happened because the man had to drive a manual shift truck for about 10 days while his normal vehicle was being repaired. Constant stepping on the clutch and climbing in and out of the cab caused the blister.

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 Posted on June 23, 2016 in Firm News

Tort reform is something that many in central Illinois may have probably heard of. The subject is not about finding new ways to bake a strawberry delicacy. It has to do with the legal remedies that may be available to individuals to receive essential compensation after suffering catastrophic injury.

Supporters of tort reform tend to be looking for ways to scale back the ability of victims to hold those who are responsible accountable for the damage and disability caused. Sometimes the reform effort might seek to block victims from seeking justice through the civil court system. In other instances, changes sought might involve putting limits on how much compensation can be sought.

What are torts?

Many readers may be unfamiliar with exactly what is meant by "Tort" so this post will attempt to provide some education in this regard.

In general terms, torts represent personal injuries resulting from unintended actions. Very rarely does a car crash happen on purpose. That's why they are often called accidents. However, that doesn't mean no fault can be assigned.

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 Posted on June 15, 2016 in Firm News

Nursing homes in Illinois that provide services for those with cognitive impairment face special challenges. State and federal laws may require a certain patient to staff ratio in a care setting. Those on staff also must meet certain certifications of skill. However, as a wise old doctor once observed, "The person who graduates med school with straight A's doesn't necessarily make the best doctor."

The same can be said for those in the nursing home care arena. Just because a person is certified doesn't mean they are equipped for the challenges they might face in the labor force. Registered nurses are usually required staff. However, because they command high pay, there may be only one or two in administrative roles. Licensed Practical Nurses might provide improved care, but again, they are often supervisors.

In many, if not most, settings, the certified nursing assistant is doing the job of hands on care. Obtaining certification does require a person to have completed an approved training program and passed a written exam. That ostensibly assures they have basic nursing skills, but because pay tends to be low, turn over in the work force is high. In addition, just because a person has his or her certification doesn't mean they have the mindset for working with memory care residents.

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 Posted on June 09, 2016 in Firm News

Language is kind of a funny thing. It's so important that each culture has its own rules of language use. At the same time, language is not a static thing. It's dynamic. It changes over time depending on the needs of the day. When's the last time you heard anyone in Illinois say floppy disk? If someone told you to don your britches, would you even know what they mean?

Words have meaning and because of that they have power. If the right word is used to express something, everyone shares a common understanding of the subject. If a wrong word is used, the waters of understanding can get muddy. Where that possibility exists, it would seem logical that a correction would be in order and that change would occur. But sometimes it takes conscious effort and a long time.

Consider the words "crash" and "accident." Very often, these are used interchangeably. Actually, most often, we suspect most people default to use of the word accident. If you are involved in a collision on the road, how do you talk about it? Chances are you don't say, "I was in a crash." You say, "I was in an accident."

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 Posted on June 01, 2016 in Car Accidents

Mention the name Takata to anyone in Illinois and you'll likely get one of two reactions. The first will be the quizzical look of someone who doesn't have a clue about what you're talking about. They must have been living in a bunker under the streets of Springfield. The other will probably be the shake of the head and a tsk .

We have observed in at least one previous article that Takata air bags are now at the center of the largest safety recall in automotive history. It started in 2014 and just seems to be getting bigger and bigger with every passing month. The problem is that the bags in question have been known to deploy with an unintended explosive force that sends shards of metal into the passenger compartment of vehicles.

The National Highway Traffic Safety Administration says at least 13 deaths and more than 100 injuries are suspected to have been caused by the defective auto products. That's resulted in a massive recall affected nearly 70 million vehicles in the United States and nearly 100 million around the world.

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 Posted on May 24, 2016 in Firm News

Most employers in Illinois have an obligation to make sure their workers are as safe on the job as they possibly can be. When they come up short in that regard, workers' compensation is the insurance protection that is intended to make sure that an injured worker gets necessary care.

That coverage isn't just for emergency care at the moment of the incident, but all the treatment and therapeutic help that may be required to assist the worker in making as full a recovery as possible.

Unfortunately, not all employers keep on top of their worker safety obligations. And in some instances, as in the case of temporary workers, it can seem as if the employees on the line are viewed as little more than expendable resources.

That, of course, is not the case, as a recent notice from the Occupational Safety and Health Administration reinforced. Regulators moved to find a metal manufacturing company in Illinois $70,000 for allowing conditions to exist that resulted in a 21-year-old temporary employee losing six of his fingers.

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 Posted on May 17, 2016 in Firm News

A lot of big city people really don't get it. As they tool around in rapid transit, Uber or Lyft rides, they fail to understand that agriculture and related industries are one of the biggest contributors to the nation's gross domestic product.

When we talk agriculture we mean more than just farming. Experts also count food manufacturing, forestry, fishing, and restaurants among the related industries. Within farming you have production of both crops and animals. Not surprisingly, processes can involve a lot of power tools, chemicals and heavy machines. Each poses risks of workplace injuries.

In Illinois alone, the state reports that there are nearly 74,000 farms. They represent about three-fourths of all the land in the state. Commodities raised or grown run the gamut from soybeans and corn to ostriches and Christmas trees. That makes for a lot of work and a lot of hazards.

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 Posted on May 11, 2016 in Firm News

If there is a clear growth industry in Illinois and the rest of the country right now it is the one serving senior living. Demand for facilities catering to the potential living and healthcare needs of the senior population for the final 20, 30, or more, years of life is only going to increase as the elder demographic of the country rises.

Where such opportunity exists there is always an attraction for opportunists -- those who seek to make a quick buck without caring too much about the long term. Residents, who may become seen as little more than products, can encourage operators to allow negligence in care. What matters is maximizing profit.

There are laws on the books in Illinois to provide protection against nursing home abuse and neglect. But enforcement depends on the problems being reported so that they can be investigated, so any hurdle to blowing a whistle deserves close scrutiny.

That's the attitude that is being adopted by a number of experts in this particular area when it comes to a measure advancing in the Illinois legislature. It would make it illegal for a person to anonymously bring a complaint against a nursing home by phone. Callers would have to identify themselves.

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 Posted on May 07, 2016 in Firm News

Two trucks were involved in a crash in Galesburg, Illinois recently, and the police will cite one of the drivers for being reckless and dangerous. The accident occurred on Interstate 74 during the night. It was foggy out, and according to a meteorologist, visibility was down to a quarter-mile. One of the trucks was driving "too fast for conditions" and the police are expected to cite the driver for that offense.

Amazingly, there are few other details available about the wreck in the source article. We don't know if either truck driver was injured, but it appears from the photos that the trucks crashed head on. The devastation of the scene is clear from those photos.

One of the inherent facts about trucks is that they are large, powerful vehicles that basically overwhelm any other vehicle on the road if they are involved in an accident. The devastation and injuries they can cause can ruin lives and destroy families. This is why so much attention is paid to truck safety -- and why it is so outrageous and unacceptable when truck drivers get out on the road when they are tired, distracted or unfit for duty.

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 Posted on April 29, 2016 in Car Accidents

In the immediate aftermath of a car accident, any central Illinois resident would be rattled. Even if the wreck is minor in nature, the very fact that you were involved in a crash can be a scary and traumatizing moment. As a result, it is understandable for people to not know what to do in the moments that immediately follow a collision between two vehicles.

When you are involved in a crash, the two most important things you can do are stay at the scene of the crash and remain calm. Many people are upset and emotionally distraught after a crash, leading them to angrily lash out against other people who were involved in the accident. Others still try to flee the scene of an accident, which is a criminal offense. Don't do either of these things. Stay calm and stay at the scene.

Once you have remained at the scene, be the Good Samaritan that you are. Check on the other people in the car and make sure they are okay, and if they're not, call 911 as soon as possible. If they aren't experiencing a medical emergency, then you can exchange information with them.

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