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...
The Law Offices of Peter F. Ferracuti, P.C. Legal Blog
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...
Do you keep workers’ compensation benefits if you leave your job?
When you experience an incident at work that results in an injury, a workers' compensation claim may get you the medical and financial assistance you need. However, does exiting your job result in a loss of those benefits? Wading into a job search while still...
Employee Prevails on Concurrent Employment Notification Issue
In a case involving two consolidated claims against an employer, a claimant was able to prevail on the issue of whether he adequately notified his employer of concurrent employment. See Claimant successfully proves he notified employer of concurrent employment....
7th Circuit Age Discrimination Claim Dismissal Upheld
Last month, the Federal Court of Appeals for the Seventh Circuit upheld a ruling out of the Northern District of Indiana dismissing the Age Discrimination claims stemming from the hiring process for the new head baseball coach for Indiana University South Bend...