In an article regarding a case with a rather grim set of facts, but also with a positive outcome for the person seeking workers’ compensation benefits, a claimant was successfully able to obtain benefits for psychological trauma suffered while at work. See Claimant...
In an article regarding a case with a rather grim set of facts, but also with a positive outcome for the person seeking workers’ compensation benefits, a claimant was successfully able to obtain benefits for psychological trauma suffered while at work. See Claimant...
A recent decision from the Federal Eastern District of Illinois illustrates the dangers of assuming that a formal approval of medical leave under the Family and Medical Leave Act (“FMLA”) provides an absolute immunity from being fired. While an employer must preserve...
In Illinois, more than 310,000 car accidents occur each year – an average of 874 crashes per day. In about 21.5% of those Illinois vehicle accidents, people suffered injuries. Sometimes, unfortunately, those injuries may aggravate prior injuries or conditions. So, if...
In a case involving the vitally important question of whether an employment relationship existed between a claimant and his employer, the claimant was able to prevail, both at arbitration and upon review before the Commission. See Claimant provides convincing...
Illinois has instituted a fairly robust system of liability for dangerously defective products, instituting strict liability for the manufacturers, as well as the distributors and retailers, and even potentially the marketers, of such products. The underlying logic of...
In a case that illustrates what is required to receive benefits for permanent disability, based on the loss of use of the person as a whole, a claimant was awarded benefits after seriously injuring his hand and arm at work, and undergoing several surgical operations...
Under some legal regimes (well, actually, almost the entirety of the western world), the “losing” party in a lawsuit is expected to pay the fees and costs of the “winning” party. This is not the baseline rule in the United States, where generally each party is...
In a case with what must have been a disappointing outcome for a claimant seeking benefits, the claimant was unable to prove that her injuries arose out of her employment. See Spa employee fails to secure benefits for alleged injury while getting massage. Illinois...
Although I’ve written a good bit recently about arbitration clauses and the hazards that they can pose to workers in employment disputes, it isn’t the case that they are unbeatable in the correct circumstances. Workers (well, retirees technically) won an...