In a case involving the exacerbation of a claimant’s preexisting lower back condition by an injury sustained at work, both the arbitrator and the Commission awarded the claimant extensive benefits. See Claimant proves work accident aggravated his back condition....
The Law Offices of Peter F. Ferracuti, P.C. Legal Blog
3 biggest mistakes you can make after a motor vehicle accident
The minutes and hours after a car accident are sensitive times. You are physically hurt, with the possibility of financial suffering looming over you. Motor vehicle accidents can be traumatic and cause serious injury, but you can keep the situation under control by...
Having a Reliable Doctor with Respected Opinions Can Make All the Difference in a Claim
In a case involving the age-old question of whether a claimant’s injuries were caused by and/or related to an accident at work, both the arbitrator and the Commission held in favor of the claimant. See Treating surgeon’s persuasive testimony supports benefit award....
Employee Loses When Accident Video Contradicts Her Claims of What Caused Her Injury
In a case involving an employee’s claims – of both how her work injury occurred and what the actual nature of her injury was – being subsequently refuted and contradicted by video surveillance footage showing something completely different from what the employee...
Exclusive remedy provisions of Illinois Worker’s Compensation Act do not apply to a lawsuit filed against a general contractor who is not a claimant’s direct employer
In a personal injury lawsuit filed against the corporate owner of smaller business that employed a claimant who was injured while working at a construction site (with the claimant then filing a separate claim for worker’s compensation benefits against the subsidiary...
Can you receive pain and suffering damages after an auto accident?
If you have been in an auto accident, it may take weeks, months or even longer to heal from the physical harm you have experienced. However, if your injury was especially severe, you may find the accident has harmed you and your family in other ways that are harder to...
Claimants May Lose Maintenance Benefits If They Fail to Look for Jobs
While an employee-claimant filed a worker’s compensation claim for injuries sustained in a workplace accident, she was awarded both temporary total and permanent partial disability benefits in the process, but her corresponding claim for maintenance benefits was...
Throwing out the Employer with the Bathwater
In many circumstances, when one sues a company in relation to the actions of its employee the claim can be sustained against both parties. It might be that the company was negligent by own actions, in supervising or hiring the employee. It might be that they have...
A Case in Which a Claimant’s Personal Injury Suit was Barred by the W.C.A.
An employee filed a worker’s compensation claim and then brought a personal injury suit in civil court against his employer, for the same injuries that the claimant sustained in the workplace accident. See Judicial estoppel can’t block dismissal of negligence action....
An Unusual End to a High Court Worker’s Compensation Case
In October of this year I wrote a blog post about Armstead v. Nat'l Freight, Inc., a civil dispute before the Illinois Supreme Court that concerned the potential impact of a Worker’s Compensation settlement contract on a civil negligence case. The Supreme Court issued...