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...
The Law Offices of Peter F. Ferracuti, P.C. Legal Blog
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...
Employee Was Referred to Treating Physician by Another Physician, and Not by Choice
It can certainly be difficult sometimes for employees involved in accidents at work, to obtain necessary treatment for their resulting injuries, as there are limitations imposed under the Illinois Workers’ Compensation Act (“WCA”) on the number of physicians that an...
Medical Malpractice and Apparent Agency: Words Matter
When you walk into a Hospital for a surgery, you might reasonably assume that the Hospital would share some responsibility if you are injured as a result of medical negligence during that surgery. However, given the modern healthcare system, this may not be the case....
The ins and outs of filing a workers’ compensation claim
According to a 2019 report from the State of Illinois Workers' Compensation Commission, Illinois had a workers injury rate of 2,771 per 100,000 workers. While this was actually less than the nationwide average, employees in the state are still susceptible to workplace...
Being Stuck with a Needle Does Not Warrant the Award of Permanent Disability Benefits
In a recent case, the Commission held that an employee did not deserve to be awarded permanent disability benefits, even though she was accidentally stuck with a needle that was potentially contaminated with deadly viruses such as HIV and hepatitis C, while she was...
Public Law and Private Causes of Action
There are many violations of laws and regulations that are also actionable through private civil lawsuits. Assault and battery are both crimes as well as torts. The crime of theft can be compared to the tort of conversion. However, not every violation of the law is...
The National Trial Lawyers Announces the Re-Selection of Alexis Ferracuti as a Top 40 Under 40 Civil Plaintiff Trial Lawyer in Illinois After One Year
The National Trial Lawyers is pleased to announce that Alexis Ferracuti of Law Offices of Peter F. Ferracuti, P.C. in Ottawa has been re-selected as a Top 40 Under 40 Civil Plaintiff Trial Lawyer in Illinois after her first year as an exceptionally respected member....
Municipality’s Refusal to Pay Benefits Warrants Imposition of Penalties & Fees
Municipality’s Refusal to Pay Benefits Warrants Imposition of Penalties & Fees In yet another case where a municipality refused to pay an employee’s worker’s compensation benefits, both the arbitrator and the Commission held that the respondent had no...