The Rights Granted to Individuals in Nursing Homes by the Illinois Nursing Home Care Act

    Last updated 5 months ago

    As the Baby Boomer generation ages, more and more senior citizens will find themselves requiring the services of a nursing home. To protect nursing home residents, Illinois passed its Nursing Home Care Act to define the rights afforded to them and penalties that will be enforced for violations of the act. Read on to learn more about this important topic and the penalties that are imposed upon those who violate the act.

    Residents’ Rights

    Nursing home residents have several important rights that are intended to protect them from abuse, like

    • The right to effective and speedy medical treatment.
    • The right to be free of chemical and physical restraints unless they are truly necessary.
    • The right to repositioning care that works to avoid bed sores.
    • The right to be free from verbal, emotional, sexual, and financial abuse.
    • The right to have their physical needs met, like feeding, hydration, and bathing.
    • The right to dignity and privacy whenever possible.

    Penalties for Violations

    Violations are categorized based on the amount of potential harm they represent to the victim. For example, a Class AA violation is one that proximately causes a resident’s death, while a Class C violation is one that has the potential to cause rather minor harm. Class A and Class B violations fall between these two extremes. Class AA violations are subject to fines up to $25000; Class C violations, on the other hand, are subject to a $250 fine for 10 or more occurrences of the violation. These fines accrue every day that the violation is not corrected after the facility has been notified of it, meaning that even a seemingly small offense can lead to large costs.

    If your loved one has suffered abuse in a nursing home, you have legal options for getting the justice you both deserve. To discuss actions you can take, call (312) 983-6193 to schedule an appointment with an attorney at Malman Law, a nursing home abuse law firm in Chicago.

    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.

    Learn More About Pursuing Compensation for a Personal Injury When You Visit These Links

    Last updated 5 months ago

    At Malman Law, we pride ourselves on helping injured workers and accident victims get the financial compensation they need to provide for their families. If you’d like to learn more about the topics of our recent blogs regarding these areas of the law, read through the resources listed below.

    • The Illinois Workers’ Compensation Committee updates its minimum and maximum payment amounts every six months.
    • Check out this excerpt from the Federal Employers Liability Act to learn more about the protections afforded to railroad workers who are injured on the job.
    • Learn more about pain and suffering with this information from DMV.org.
    • In a personal injury lawsuit, compensatory damages seek to make up for quantifiable losses like medical bills.
    • For an overview of traumatic brain injuries, head over to the website of the American Speech-Language-Hearing Association.
    • If you show signs of exposure to asbestos, you may be able to file a worker’s compensation claim or a third-party lawsuit.
    • The handbook from the Illinois Workers’ Compensation Committee provides a comprehensive look at the types of disability.
    • According to a recent audit, Illinois’s workers’ compensation system needs more oversight, and some legislators even suggest that it be privatized. Take a look at this article to find out more.
    • Though FELA has been amended over the years, it still serves as protection for the rights of injured railroad workers.

    For personal injury or workers’ compensation representation in the Chicago area, call (312) 983-6193 today to schedule a consultation with Malman Law.

    4 Examples of Negligence in Workplace Accidents

    Last updated 5 months ago

    When you are injured at work, workers’ compensation pays for your medical costs and lost income. In return, you agree not to sue your employer for any additional compensation. However, if your injuries are due to negligence by a third party like a supplier or customer, you may be able to file a third-party claim to recover damages from them. Examples of situations that may warrant third-party claims include:

    1. Defective equipment. Sadly, many companies continue to build defective machinery or equipment, even when they know it is dangerous. In many cases, your employer has no way of knowing that the equipment carries dangers because the manufacturer hides the information. If your injury was caused by a defect in machinery that the manufacturer was aware of, a third-party claim may be possible.
    2. Asbestos exposure. For years, companies marketed products that contained asbestos, a highly hazardous material. If you were exposed to asbestos and now suffer from symptoms of a related disease like mesothelioma, consider filing a third-party claim. Regardless of whether your employer knowingly exposed you to hazards, the manufacturer certainly did, and you deserve compensation for it.
    3. Car accidents. If you drive as part of your job, you run the risk of being involved in an accident. As with any other car accident, you have recourse against negligent drivers. If another driver’s lack of reasonable care caused your injuries, consult a personal injury attorney to discuss your legal options for recovering compensation.
    4. Dangerous work conditions. Many construction sites use subcontractors for additional labor, but these workers may exhibit carelessness that puts you in danger. Your employer is not responsible for this, and you may be eligible to file a third party claim for a subcontractor’s negligence._

    Workers’ compensation is not always enough to pay medical bills and other living expenses. After a workplace accident, call Malman Law to discuss your legal options for recovering additional damages. You may be entitled to more compensation than you realize. Call (312) 983-6193 to schedule an appointment in our Chicago office.

    Economic Damages vs. Pain and Suffering Compensation

    Last updated 6 months ago

    After an accident or injury, you should speak to a personal injury attorney. By filing a lawsuit, you can recover compensation for your economic costs, pain, and suffering. Read on to find out more about these damages and how they are determined.

    Economic Damages

    Economic damages can be measured objectively in dollar amounts, like medical bills, lost wages, and property repairs. In personal injury law, these damages are also calculated for the future; a jury tries to award financial compensation for future medical treatment and lost wages. For example, if you injure your dominant hand and can longer use it, the jury or judge will try to calculate how this will affect your earning capacity, promotions you will miss out on because of your injury, and any other work-related losses. Though calculating economic damages can be tricky, it is possible to attach objective dollar amounts to these factors.

    Pain and Suffering

    Pain and suffering is a type of non-economic damages and cannot be absolutely, objectively measured in dollars. It encompasses present and future mental anguish and physical pain. Judges or juries consider factors like the victim’s age and the degree to which the injury will affect his life when awarding pain and suffering damages. Young people usually receive larger pain and suffering awards than older people, because they presumably have to live with the pain of the accident for longer. If any serious scarring is present, awards vary based on the visibility of the scar. Facial scarring, for example, will receive more financial compensation than a scar on the arm or leg, because facial scarring may affect the victim’s daily life.

    Awarding damages in a personal injury case is never easy, but judges and juries do their best to be reasonable and impartial. If you would like to file a lawsuit to recover damages, call (312) 983-6193 to speak to an attorney at Malman Law. With more than 15 years of experience, our attorneys have a track record of helping victims get the compensation they need.

    How Third Parties Can Be Held Liable for Car, Trucking, and Motorcycle Accident Injuries

    Last updated 6 months ago

    While a car accident may involve a collision between two people, a third party can really be at fault for the trauma. For instance, a badly marked road or a broken stoplight could cause a two-car collision that was neither driver’s fault. As a result, personal injury law allows injured parties to file a claim against a city, part manufacturer, or mechanic to seek compensation for their pain and suffering. Here is a look a third party liability and how a personal injury lawyer can help you receive the financial compensation you deserve.

    Badly Maintained Roads

    Drivers cannot help the weather or the visibility conditions at the time of the accident, but badly maintained roads are a liability to the city, county, or municipality where they lie. If a city has received previous complains about the state of its roads and has refused to fix the problem, the legislature may be financially liable for your injuries. Filing against a third party defendant like a city allows you to collect compensation from both the insurance of the car that collided with you and the city’s coffers.

    Negligence in Repairs

    Another issue that can invite third party liability lawsuits on mechanics, body shops, and car manufacturers is negligence in repairs. All of these individuals and entities owe you a duty of care to manufacture and repair your vehicle so that it runs safely and in an acceptable legal manner. If a mechanic punctures a tube or you find a defective part, you can file a third party claim against the at-fault parties.

    If you have been hurt in a car accident in Chicago, Malman Law can help. Our personal injury lawyers are able to investigate the accident and will help you determine whether a city, repairman, or manufacturer is to blame for your crash. Call our personal injury team at (312) 983-6193 to schedule a free case evaluation today. 

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