The Fourth District Illinois Appellate Court dismissed an appeal from the Circuit Court for lack of jurisdiction, as the Circuit Court did not fulfill the necessary procedural niceties when reviewing (and reversing) the Commission’s decision(s) regarding an...
The Law Offices of Peter F. Ferracuti, P.C. Legal Blog
Beware of Ice, Natural or Unnatural
While I’ve traditionally posted about this topic around the time of the first substantial snowfall (acknowledging that we occasionally get flurries around Halloween, closer to the end of summer than the beginning of winter), the unseasonably cold weather these past...
Happy Holidays from Our Family to Yours
It’s that time of the year again where I get to take a second between decisions and trials to thank our clients and our community for their support this year, and, as always, it has me thinking and considering about how to better count our blessings and extend...
Employer Gets It Wrong on Preemption Issue
A hotel employee brought a civil suit in federal district court against her employer, alleging violations of the Biometric Information Privacy Act (or “BIPA”), but her employer asserted that she should have filed a worker’s compensation claim instead, arguing that the...
The Americans with Disabilities Act, Fast Food, and the Visually Impaired: Part Three
This is not the first time (or second) time that I’ve written in this blog about the potential discrimination involved when fast-food restaurants keep their drive-through windows open later than their interior dining rooms, preventing the visually impaired from...
A Case in Which Certain Realities Are Recognized, to the Benefit of a Claimant
When an employee is injured while forced to perform his duties in a tricky and physically cumbrous position and manner, he can be awarded worker’s compensation benefits, if his aforesaid activities increased his risk of suffering injury while at work. See Employee...
What are your options after a car accident on the job?
When you are in an auto collision while on the job, you could find yourself injured and unable to work. When this happens, you may need financial help to cover your medical expenses and lost wages. There are two primary options for seeking this help: a workers’...
Worker’s Compensation and Civil Claims at the High Court
There are many circumstances where an injury in the course of employment also results in two separate legal actions: a Worker’s Compensation claim and a civil personal injury case. One of the most common examples of this is where an employee is involved in a...
Employer Cannot Escape Responsibilities to Employee Under Worker’s Compensation Act
When employers attempt to avoid and/or dodge their responsibilities to claimants under the Illinois Worker’s Compensation Act (or “WCA”), this can be very irritating and frustrating to claimants-employees, as well as to arbitrators and the Commission. See Claimant...
A Rare Victory Against an Arbitration Clause
The Federal Arbitration Act is a broad and powerful legal tool for forcing disputes into mandatory arbitration in a wide, wide variety of contract contexts. So much so that it is notable when a Plaintiff (or a group of Plaintiffs) successfully fends off an attempt to...