Frequently Asked Questions About Workers' Compensation

    Last updated 3 months ago

    If you have been hurt on the job or fallen ill as a result of your work environment, you may be eligible to receive financial compensation to cover your medical bills and income lost during recovery. Read on to learn more about workers’ compensation law and how it may relate to your situation.

    Who Is Eligible for Workers’ Compensation?
    Employees who were hired or who became injured while working in Illinois are generally covered by the Illinois Workers’ Compensation Act. Exceptions may include volunteers, independent contractors, and entrepreneurs.

    What Injuries Are Covered Under Workers’ Compensation Law?
    Compensation can be sought for most injuries and illnesses that directly relate to a person’s job. These include strain due to physical exertion or repetitive motion, disease relating to exposure to dangerous substances, and harm caused by improper safety practices on the part of the employer.

    What Types of Benefits Are Available?
    Depending on the severity and scope of the injury, a worker may receive a number of different benefits. Temporary Total Disability (TTD) benefits cover employees who will eventually be able to resume work, comprising two-thirds of the worker’s average weekly wage (AWW). Temporary Partial Disability (TPD) recognizes when an employee can work in a limited capacity during recovery, paying two-thirds of the difference between his or her new wages and former AWW. Permanent Partial Disability (PPD) benefits are offered in varying amounts to employees who are permanently left with reduced capacity, while Permanent Total Disability (PTD) cases involve the loss of the use of two or more body parts and award two-thirds of an employee’s AWW for life.

    For the answer to all of your questions regarding workers’ compensation, or to learn how to file a workers’ compensation claim, call Malman Law at (312) 983-6193. Since 1994, our personal injury attorneys have helped injured workers seek the benefits they deserve. Call today to schedule your free consultation with one of our experienced personal injury lawyers.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    See Our List of Links for More Information on Nursing Home Abuse, Product Liability and Other Personal Injury Claims

    Last updated 3 months ago

    Whether you are concerned about the wellbeing of an elderly loved one or have been injured due to a faulty product, these resources provide helpful information. Call Malman Law at (312) 983-6193 for advice regarding your specific situation or to schedule your free case evaluation with one of our dedicated personal injury lawyers.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Product Liability: What is it?

    Last updated 3 months ago

    Consumers have the right to expect that the food, medication, and objects they use will not harm them when utilized correctly. Therefore, if an injury occurs due to a dangerous or defective product, the victim may choose to file a product liability claim in order to gain financial recompense for medical costs and suffering, as well as to discourage future issues with production and distribution. Here is a closer look at the components that make up a product liability case and how to determine whether you are eligible to receive financial compensation for your pain and suffering.

    Responsibility for Production
    Any party that had a hand in creating or distributing a product to the public can be held liable for harm caused by the item. This includes manufacturers, wholesalers, and retail shops, each of whom may have had an opportunity to intervene before the defective product reached the final consumer. A personal injury attorney can help determine which parties may be held accountable for the defect and will work with you to ensure that you receive the financial compensation you deserve.

    Bases of Claims
    There are a number of ways to classify product liability claims. Negligence cases are based on the presumption that a party involved in the manufacturing of a product did not take reasonable measures to ensure its safety. Strict liability, on the other hand, does not take fault into account; instead, the outcome of the case depends on whether the product was truly dangerous, if it contributed to the injury, and how the plaintiff was utilizing it. Breach of warranty claims generally involve a product that does not perform safely during appropriate and intended use.

    Types of Defects
    A product liability claim can be further specified by the type of defect interfering with a product’s safe use. Design defects are inherent flaws in the conception of an item, while manufacturing defects involve substandard materials or improper creation of the physical product. When a product functions as intended but carries danger if misused, a lack of adequate warning messages can be considered a marketing defect.

    To learn more about product liability laws and how they relate to your specific case, contact the personal injury attorneys at Malman Law. Call (312) 983-6193 to schedule a free legal consultation with one of our experienced personal injury lawyers.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

     

    Personal Injury Terminology: Causation

    Last updated 3 months ago

    Personal injury cases sometimes face challenges related to proving the plaintiff’s claims. Doing so involves concepts such as causation, which entails demonstrating that the injury was directly caused by the defendant’s actions or negligence.

    If the plaintiff can show that he or she would not be injured without the involvement of the defendant, the court will likely deem the personal injury claim valid. However, the situation becomes more complicated in the case of preexisting injuries that were exacerbated by the defendant’s actions. For this reason, an experienced personal injury attorney can be a valuable help in obtaining the compensation you need to recover.

    Learn more about the concepts involved in a personal injury case by calling Malman Law at (312) 983-6193. Our Zero Fee Guarantee ensures that you take no financial risk by seeking legal help. And, as always, your case evaluation is free and confidential, so call today.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Common Injuries and Abuse Sustained by the Elderly in Nursing Homes

    Last updated 3 months ago

    Although elders deserve the utmost care and respect, certain people feel the need to take advantage of them, failing to fulfill the trust of caring family members who place loved ones in nursing homes. These self-contained facilities provide an opportunity for abuse and neglect to occur. If discovered, this form of abuse may be grounds for a personal injury lawsuit. Here are some common issues to look out for in your elderly loved ones:

    Pressure Ulcers

    Immobile patients often suffer from pressure ulcers, or bedsores, due to long periods of time spent in the same position. The parts of the body that bear weight may experience reduced blood flow to the skin, causing blistering and eventually deep tissue damage if left untreated. When the nursing home staff does not take the appropriate measures to shift patients who cannot move, check for developing bedsores, and clean ulcerations, severe damage can occur.

    Nutritional Deficiency

    Many elders lose their appetites due to disease or sensory impairment. Unfortunately, some become malnourished because the nursing home fails to provide adequate meals, meet special dietary needs, or recognize and treat a nutritional deficiency. This is a serious form of neglect that can increase a senior’s risk of developing illness or infection.

    Medication Mismanagement

    Nursing home abuse often takes the form of medication tampering, with patients receiving the incorrect dose or the wrong medication altogether. Staff may intentionally withhold medicine as punishment or accidentally confuse different medications—regardless, the effects can be devastating. Patients may endure uncomfortable side effects, suffer from worsening symptoms, and even experience a dangerous deterioration of a formerly controlled condition.

    Dangerous Neglect

    Staff members that ignore a patient with chronic needs may ultimately have a hand in his or her death. Patients with tracheostomies require regular suctioning in order to clear the airway. Similarly, those with difficulty swallowing must be closely monitored to prevent choking. Other preventable causes of distress include bacterial infection, improper hygiene, and poor climate control.

    Malman Law is dedicated to helping elderly nursing home residents and their loved ones seek justice for abuse and neglect. Since 1994, our personal injury lawyers have served thousands of clients in the Chicago area, and we will fight to protect your elderly loved one from nursing home abuse. Call (312) 983-6193 to learn how our personal injury attorneys can assist you.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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