If You Are An Essential Worker, And You Get COVID-19, You Are Presumed to Have a Comp Claim

Tue, 14 Apr 2020 14:30:17 GMT

I llinois Expands COVID-19 Workers' Comp Protections to First Responders and Front Line Workers, including correctional officers, grocery store workers, delivery services, warehouse employees, and others engaged in essential services. Read below to see if you are covered.

Yesterday, the Illinois Workers' Compensation Commission issued an emergency amendment creating a rebuttable presumption for First Responders and Front Line workers who contract COVID-19. Under the amendment, if any First Responder or Front Line worker suffers an injury or a period of incapacity due to COVID-19, it will be presumed that the exposure is work-related and compensable under the Illinois Workers' Compensation Act. In other words, if you meet the definitions in the Act, it is presumed that the employer's workers' compensation insurance carrier is responsible for paying medical bills, temporary total disability wages, and disability payments for any permanent injury, including death.

The amendment does not exclude employees in the covered industries who are working from home.

First Responder is defined as any police, fire personnel, EMT's, paramedics, health care providers, and Correctional Officers.

Front Line workers covered under the amendment include those in the following industries: grocery and pharmacy; food, beverage, and cannabis production; charitable and social service organizations; gas stations and transportation; financial institutions; hardware and supply stores; critical trades; mail, post, shipping, logistics, delivery, and pick-up services; educational institutions; laundry service; restaurants for consumption off premises; home-based care and services; residential facilities and shelters; professional services; day-care centers for children of essential workers; manufacture, distribution, and supply chain for critical products and industries; critical labor union functions; hotels and motels; and funeral services.

The rule will expire in 150 days.

SUMMARY: If you have to work right now and you contract COVID-19, you may have a right to seek work comp benefits. Call us at 618-931-1100 for help.

Huge Win For Menard Correctional Officer

Wed, 27 Nov 2019 17:36:18 GMT

Tarsal Tunnel and Plantar Fasciitis Found Compensable - over $150k awarded

On October 8, 2019, the Illinois Workers’ Compensation Commission affirmed and adopted, with no changes, an arbitration decision entered on September 19, 2018, ordering the State of Illinois to pay our client over $79,000.00 in medical expenses, over $50,000.00 in back temporary total disability benefits, and over $27,000.00 in permanent partial disability benefits, arising from a foot injury that the State argued never happened. The case involved a foot injury the correctional officer suffered while running to respond to an inmate altercation. The officer was running on a street and the heel of his foot struck the edge of a pothole. After months of conservative treatment, the worker eventually underwent surgery consisting of an excision of a calcaneal bone cyst, a tarsal tunnel decompression, and an endoscopic plantar fasciotomy that was converted to an open fasciotomy. The State disputed the case from the very beginning and even argued at arbitration that records did not show an incident on the date that Petitioner was injured. However, the Arbitrator found it relevant that the State chose not to admit into evidence a supervisor’s report regarding the incident, even though such report existed and was within the possession and control of the State at the arbitration.

Tarsal tunnel and plantar fasciitis cases for correctional officers are very difficult to win, especially when there are disputes about whether and how the accident occurred. Nevertheless, we deposed the treating surgeon and took the case to arbitration and continued to fight for the correctional officer on appeal. This decision results in over $150,000 in benefits that had been withheld for over 3 ½ years. Matt Chapman arbitrated the case on behalf of the officer. Mary Massa argued the case on appeal. If you or someone you know has been injured at work and is struggling to receive the compensation they deserve, please call our lawyers for help at 618-931-1100.

$800,000 Settlement For Union Field Mechanic

Wed, 13 Nov 2019 18:46:13 GMT

$800,000 Settlement For Union Field Mechanic Injured On Texas Job

Becker, Schroader & Chapman, P.C. is proud to announce that Matt Chapman, working with John Padilla of the firm Padilla & Rodgriguez, LLP, obtained an $800,000 settlement for a Greenville, Illinois operating engineer who suffered multiple injuries after a fall from a ladder in Brazos County, Texas near Texas A.M University. Ronald Knerrer’s employer sold a concrete silo to Knife River Corporation and Knerrer was on-site to assist in the installation of the silo at the Knife River plant. Knerrer was injured when he attempted to descend a fixed ladder on the silo. Unbeknownst to Knerrer, a Knife River employee, who was tasked with removing a ladder cage that was in the way, also removed the bolts from the ladder, but left the ladder in place. As Knerrer began to climb down the ladder, the ladder fell away, causing Knerrer to fall over 13 feet to the concrete pad below.

Knerrer suffered multiple injuries, including a Grade 1 open right tibial shaft fracture and a left shoulder SLAP type II tear . Both injuries required surgery.

Matt Chapman teamed up with John Padilla, a Houston attorney. The negligence lawsuit was filed and multiple depositions were taken in Texas. Chapman and Padilla also arranged for Knerrer to travel to Texas on multiple occasions for evaluations by experts hired to provide medical and economic opinions in the case. A mediation took place in August 2019 that paved the way for the settlement in September. Knife River agreed to pay $800,000 and all of Knerrer’s medical bills were paid.

There were several legal hurdles in Texas that had to be overcome for a successful resolution. In his search for a co-counsel, Matt was turned down by more than one attorney who believed the case was too difficult . Our firm, along with John Padilla, believed in the case and invested substantial funds to obtain this successful resolution.

Med Mal Update: Dangers Of Testosterone

Mon, 14 Oct 2019 14:43:34 GMT

Testosterone & Prostate Cancer Lawsuits

TESTOSTERONE AND PROSTATE CANCER: KNOW THE RISKS!

In the past five years, Becker, Schroader & Chapman, PC has handled several medical malpractice cases arising out the prescription of testosterone replacement therapy, or “TRT”. These cases all share the same fact pattern: a family doctor prescribes TRT without properly testing the patient’s testosterone levels, without screening the patient for prostate cancer, and without monitoring the patient while he is on testosterone. Our expertise in this area and in medical malpractice cases has led St. Louis urologists to refer prostate cancer patients to our firm for help. We have made doctors pay when they broke the TRT rules.

Background

If you have watched any television over the past few years, there is no way that you could have missed the TRT ads. Aimed at men, and their significant others, TRT marketing suggests that testosterone supplements can raise “Low T” and alleviate symptoms of aging, including low sex drive, erectile dysfunction, fatigue, and even depression.

Doctors have several TRT products to choose from. Androgel and Testim come in packets of clear gel and are applied topically. Depo-Testosterone is an injected directly into the muscles and the body absorbs the testosterone slowly. There are also patches and oral tablets. Even though recent trials of testosterone treatment in older men, conducted by the National Institute of Health, have generated little evidence that TRT can help many of the symptoms for which it is advertised, the TRT market is expected to reach $3.8 billion globally by 2022, up from $2 billion in 2012.

The Risks

The Food and Drug Administration requires TRT manufacturers to warn of several side effects and contraindications. For example, TRT is contraindicated for men with known, or suspected , prostate cancer. The most common Adverse Reaction listed in the Androgel package insert is an increase in the prostate specific antigen (PSA). The PSA is an enzyme that is produced only by the prostate.

For decades, family physicians and urologists were taught that prescribing testosterone to a patient who may have prostate cancer is like pouring gasoline on a fire. The TRT will cause the cancer to grow or spread, becoming much more difficult to treat and leading to poor surgical outcomes, including impotence, urinary symptoms, and risk of the cancer returning.

Although there are some recent studies that suggest a weaker link between prostate cancer and testosterone, it is undisputed that androgen deprivation therapy (“ADT”) is standard treatment for patients diagnosed with prostate cancer. Prostate cancer cells – like other living organisms – need fuel to grow and survive. Because testosterone serves as the main fuel for prostate cancer cell growth, ADT stops testosterone from being released or prevents it from acting on the prostate cells. There is no dispute in the literature that ADT works to prevent prostate cancer growth. Since lowering testosterone limits prostate cancer, raising testosterone can have the opposite effect.

Other risks include worsening of benign prostate hyperplasia, deep vein thrombosis, and pulmonary embolism.

The Standard of Care

Despite attempts by TRT manufacturers and their paid physician advocates to debunk any health risks, the Standard of Care that family physicians and urologists must follow before prescribing testosterone remains the same. We at Becker, Schroader & Chapman, P.C. know this because we have consulted with board-certified family physicians and urologists who have provided expert opinions on behalf of our clients regarding the standard of care. The rules for TRT are:

• Total testosterone concentration should be measured on two separate mornings. Anything lower than 300 ng/dl is considered low testosterone.

• A Digital Rectal Exam should be performed to examine the prostate for abnormalities.

• A baseline PSA should be obtained. A PSA >4 or >3 for high risk patients such as African American males is a contraindication for TRT. A referral to a urologist is required for any abnormal PSA.

• The patient should be monitored to see if the TRT is working and TRT should be stopped if there is a PSA increase of > 1.4 ng/mL above baseline.

https://www.endocrine.org/guidelines-and-clinical-practice/clinical-practice-guidelines/testosterone-therapy

Our Experience

We have helped patients whose doctors have failed to follow the TRT rules. Our cases were resolved before trial with payments made by the family physician. If a physician wants to try TRT for a patient, that is fine, but the rules have to be followed. If the rules are broken, the patient’s health is at risk. Our clients have undergone prostatectomies, chemotherapy, and radiation treatment. If the standard of care had been followed, the cancer would have been caught earlier and the patient cured. In fact, we obtained this very testimony from the urologist who operated on one of our clients. In another case, we obtained a substantial settlement after another attorney turned the case down.

If you or a loved one has been diagnosed with prostate cancer after using testosterone, call us today: 618-931-1100.

The link between personal injury lawsuits and depositions

Wed, 26 Jun 2019 13:54:17 GMT

On behalf of Becker, Schroader & Chapman, P.C.

When a car accident is caused by someone else's negligence, one way by which accident victims may address the financial burden associated with it is by pursuing a personal injury lawsuit against the negligent party. However, to be successful in such a trial, preparation is crucial and having as much information as possible is one way to be ready for court.

Illinois residents may not be aware that one way to gather information before a trial is by conducting depositions . A deposition is out-of-court testimony that is given under oath by parties involved in the trial. The parties themselves administer the process and the only ones present are those who are being deposed, attorneys and a person who can administer oath. All parties can question the witness during a deposition and the ability to object to questions is limited.

Even though the statements are collected under oath, their admissibility in court is limited. This is because it is considered "hearsay." However, in certain instances, these statements can be used during the trial. The first instance is when a party admits to doing something that is against their own interest and the second is when the witness's testimony during the trial conflicts with what they said at the deposition. Even if the statements are not used, they are important because each party is given an idea of what the other party will argue and what information they have. This can help accident victims prepare their own case accordingly.

An accident gives rise to a number of financial issues, including medical bills, wages lost due to inability to continue working and pain and suffering associated with the incident. An average person has not factored these calculations into their budget and a crash can catch them unprepared to deal with the finances, at the expense of their health. This is why many people chose to pursue a personal injury lawsuit against the driver who was responsible for the accident.

Seeing a new doctor? Things to know about medical malpractice

Wed, 26 Jun 2019 13:53:22 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Like most Illinois residents, at some point in your life, you may have need of medical care. Whether it is making regularly scheduled well visits to your local doctor's office or undergoing surgery for a particular injury or condition, it is highly unlikely you'd go a whole lifetime without ever seeing a doctor. Nowadays, people are often worried about medical malpractice, and for good reason.

In worst cases, fatalities occur when negligent doctors fail in their fiduciary duties toward their patients. There are thousands of other cases throughout the state and nation as well that, thankfully, do not involve patient deaths but do involve moderate to severe injuries that were entirely preventable. It's understandable you'd be concerned about such issues if you find yourself in need of medical treatment. Arming yourself with information may help you avoid bad outcomes . It's also good to know where to seek support if a problem arises.

Statistics regarding medical malpractice in the U.S.

You and every other medical patient have the right to reasonably expect that the doctor caring for you, as well as any and all other staff members, will act according to the highest level of accepted safety standards and adhere to all regulatory protocol. Sadly, the following statistics show that not all doctors and medical professionals do so:

Approximately 75 percent of low-risk specialty physicians face malpractice lawsuits at some point.
Courts in the United States review an astounding 17,000 medical malpractice filings per year.
Doctors who practice in high-risk fields of medicine are 99 percent likely to face medical malpractice lawsuits during their careers.
Obstetricians and gynecologists rank high on lists of specialized care providers who most often face malpractice litigation.

If you research your doctor's background before seeking care, you may be able to avoid becoming a medical malpractice statistic. The problem is that the average patient has no way of knowing what a doctor should or should not do regarding state laws and hospital protocol. If a doctor is negligent, you may not even realize it until it's too late.

How to find out more about your doctor

You have a right to know whether your doctor has ever faced administrative or criminal justice penalties for providing substandard care. The following information shows ways you can learn what you want to know:

Most state licensing boards have websites where you can seek information regarding doctors by name, to find out if anyone has ever sued them for malpractice.
You can find out whether your doctor won or lost in litigation. You can also learn whether or not he or she has ever faced a felony or misdemeanor criminal conviction.
The Illinois State Department of Health Services can tell you if the hospital to which you are being admitted has any legal complaints against it.

Remember that court records are typically public information as well, although there may be a fee to obtain the information you want. You can do extensive research and still wind up a victim of medical malpractice. Depending on your circumstances, you may need repeated treatments, surgeries, living assistance, physical therapy or other care to help you recover from a medical malpractice injury. There are support resources available to help you get the care you need and the justice you deserve.

Railroad & Maritime Injury Attorney Granite City & Centralia IL

Wed, 26 Jun 2019 13:52:24 GMT

On behalf of Becker, Schroader & Chapman, P.C.

When drivers approach railroad crossings, they react depending on the type of signals at the time. For example, if the red lights are flashing, signaling that a train is arriving soon, then drivers come to a stop a certain distance from the tracks. At some places, a gate is added to tracks. The gates lower before the train is scheduled to arrive and arise when it is safe for cars to pass through again. These indicators ensure railroad crossings are safe for both the trains and vehicles. Unfortunately, they are not present at all of the 128,000 public railroad crossings in the country-only about a third of them have gates and flashing lights.

Illinois has more than 7,600 grade crossings, which is a crossing where the roadway and the rail intersect at street level. This includes 300 with crossing lights that are connected with traffic lights at adjacent highway intersections. It's one of the few states trying to integrate technology into the system to create safer crossings. The sensors are embedded near the crossing and send a signal to a nearby traffic control box that a vehicle is on the tracks. The control box then synchronizes flashing lights and traffic signals to keep the track clear. Only then does the gate close.

Additionally, Illinois has two sets of gates to prevent cars from driving around a gate that is lowering as a train approaches. However, as the chief of the Illinois Commerce Commission himself recognized, there is no such thing as the safest crossing. As long as there are grade crossings, there will be dangers, and eliminating the crossings is not feasible in the state. This does not even take into account the risks at the two-thirds of crossings that remain unprotected.

Maritime and railroad injuries continue to take place despite various efforts to curb them. Victims of train accidents may not know that there are options available to them to attempt to recover compensation for their injuries, which are likely to be catastrophic given the size of the train and the velocity at which it is likely traveling.

Can I recover compensation if I am also at fault in my crash?

Wed, 26 Jun 2019 13:50:44 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Saying someone is "at fault" for causing a car accident might be easy to do in normal circumstances, but when it comes to allocating fault in a lawsuit surrounding a car accident, the term has serious legal consequences. If fault is proven, then the reckless driver becomes responsible for financially compensating the accident victim for the damages suffered.

In Illinois , fault could refer to any action or omission that is negligent or reckless that is a proximate cause of bodily damage, property damage or death. When it comes to car accidents, Illinois is a modified contributory fault state. Contributory fault means any fault of the accident victim that contributed to injury or damage for which compensation is being sought in the personal injury lawsuit.

What does this mean in plain terms? Firstly, it must be proven that the other party was at fault for causing the car accident. Secondly, it must also be shown that the party that is seeking to be compensated-the accident victim-is not more at fault for the crash than the party from whom compensation is being sought.

For example, the person who is responsible for causing the crash must be at least 50 percent responsible for causing it-anything less might prevent the accident victim from recovery. Additionally, rewards are also reduced accordingly. So, if accident victims are 25 percent to blame for the accident, they could only recover compensation amounting to 75 percent of their damages. The judge and jury measure fault in terms of percentages.

What to expect from your workers' compensation claim

Wed, 26 Jun 2019 13:49:46 GMT

On behalf of Becker, Schroader & Chapman, P.C.

A work accident can leave an Illinois employee facing serious injuries, unexpected costs and other issues that can make the road to recovery difficult. If you were hurt at work or you are suffering from the effects of a work-related illness, you have certain legal options available to you. This includes the right to file a workers' compensation claim.

In the aftermath of a workplace accident, it is beneficial to take steps to protect your rights and interests. One thing you can do is to educate yourself regarding your rights and how you can seek a full and fair recovery through a carefully prepared workers' compensation claim.

The basics of this type of insurance

The intent of workers' compensation insurance is to provide financial support and other benefits to individuals who suffered injuries or illnesses as a result of their jobs. These benefits will cover various financial losses and expenses, allowing the injured worker to fully recover and return to work as quickly as possible. Some of the benefits you may be able to claim after an accident include the following:

Medical care you may need for your injuries
Recovery of a portion of your lost wages
Expenses associated with any retraining needed to return to work
Appropriate compensation for disabling injuries

Workers' compensation payments are not extravagant, and they will not cover all of your income, but they can allow you to take the time you need to get better and move forward after a serious accident.

By filing a workers' compensation claim, you will relinquish your right to sue your employer. However, in some cases, an injured worker may have grounds to pursue additional compensation through a third-party claim. By seeking a complete evaluation of your case, you can be certain you do not leave any money on the table that could be available to you.

Your return to work

After a work accident, you could be dealing with injuries that may leave you with physical limitations and other difficulties. You may not be able to return to the same job you had or you may need additional training to get back to work. Through workers' compensation, you also may be able to secure rehabilitation benefits, which can provide you with necessary vocational support.

Your recovery after a work accident is important. You would be wise to seek a full explanation of your rights and how you should proceed with this important benefits claim.

What are the different stages of a medical malpractice case?

Wed, 26 Jun 2019 13:48:16 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Our readers in Illinois probably know that medical malpractice claims are some of the most difficult cases to pursue. These cases oftentimes involve highly complicated fact patterns and technical medical terms, which can make it hard non-medical professionals to understand what, in fact, occurred in the case. In order to attempt to be successful in these types of claims, Illinois residents need to know the various stages in these cases.

So, what are the different stages of a medical malpractice case ? Well, for starters, in the aftermath of an alleged instance of medical malpractice, the potential claim will need to be thoroughly investigated to attempt to make sure that it is a valid claim. The victim will usually consult a lawyer who is well-versed in medical malpractice law, who will evaluate the available evidence, the potential evidence and whether or not any compensable damages may be pursued.

If the case moves beyond this initial step, the lawsuit can commence and the victim will be able to conduct "discovery," which means that the victim can request specific information and documents about the medical malpractice that occurred. The point of the case is to show that the healthcare professional was aware of his duty to the patient, breached that duty of care and that the breach of that duty led to the victim's injuries or worsened condition.

Next, most cases are either settled or go to a trial. During potential settlement negotiations, victims will need to weigh the compensation that is being offered against the potential risks of going to trial. But, if the case does need to be tried in court, victims will need to make sure that they have a strong advocate in their corner.

Truck driver causes chain reaction accident in Illinois

Wed, 26 Jun 2019 13:47:23 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Our readers in Illinois know the potential dangers when it comes to accidents caused by large semi-trucks. As a state with several interstates running through it that are critical for commerce and the transportation of goods across the country, Illinois sees its fair share of devastating truck accidents. It appears that yet another accident occurred recently on Interstate 80.

According to recent reports , a driver in a semi-truck was approaching a construction area on that interstate when he reportedly did not slow down his vehicle appropriately. The result: the semi-truck slammed into the rear of the vehicle in front of the truck, which then set off a chain reaction of collisions to the vehicles in front of both vehicles. The reports indicate that a total of six vehicles in all were involved in the multi-car crash.

The truck driver who apparently caused this accident was injured in the collision, as were five passengers in the other vehicles. Of the injured victims, four needed to be transported to nearby hospitals for medical care. Police are continuing to investigate the accident.

Most people would probably think that since truck drivers receive extensive training on how to operate these large vehicles that they may be less prone to be involved in accidents. However, when stories like this one pop up on the local news, it serves as a reminder that truck drivers can be just as much at fault for causing devastating accidents as other drivers. The injured victims in this recent accident may need to evaluate their legal options to potentially recover financial compensation.

Should I pursue a personal injury or workers' comp claim?

Wed, 26 Jun 2019 13:46:36 GMT

On behalf of Becker, Schroader & Chapman, P.C.

When someone in Illinois is injured through no fault of their own, there are various ways they can hold the wrongdoer responsible for causing the injury. However, it is important to know which avenue to pursue depending on the location at which the injury took place and the events that led up to the injury.

If someone is injured in an accident involving a car, truck, or motorcycle, they often end up pursuing a personal injury lawsuit. Fault has to be established in such cases-this means it has to be shown that the person who caused the accident was actually legally at fault . Once fault is established, it might be possible to recover compensation for lost wages, pain and suffering and medical expenses.

An injury in the workplace, whether the workplace is an industrial worksite or an office space, does not result in a personal injury lawsuit against the employer. This is because once an employer provides workers compensation benefits for their employee, they typically end up protecting themselves from personal injury lawsuits brought by employees. This tradeoff is also beneficial for the injured employee, as he or she does not have to prove fault to receive compensation. What they do need to establish is that the injury occurred during the course of one's employment. This no-fault system does not apply when the workplace injury is caused by a third-party's actions however. That means if a co-worker is responsible for the injuries, a personal injury lawsuit could be pursued against them.

A personal injury lawsuit goes through the court system, whereas a workers' compensation claim goes through an administrative process. Either way, it might be helpful to have an experienced professional by one's side who can assess the evidence and advocate for the accident victim.

Can a trucking company be legally liable in a truck accident?

Wed, 26 Jun 2019 13:45:49 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Catastrophic injuries that result from another driver's negligence can wreak havoc in an accident victim's life. Not only does it place a huge emotional and physical burden on a person, but also a financial burden as medical bills pile up. One way accident victims can try to cover the financial burden associated with their crash is by filing a personal injury claim against the negligent driver, But, what happens when the other party is a truck driver who does not have the means to make their own ends meet, much less deal with a lawsuit?

The doctrine of " respondent superior " may be one way to get compensation from another party who was indirectly responsible for the truck accident. The trucking industry is the one who places the pressure on the truck driver to drive faster and work longer, causing them to become tired and distracted on the road. Therefore, the trucking company may be found legally liable for injuries that result from the negligent acts of their employees if they were conducted during the course of their employment.

What does this mean for an injured individual? This means that if an employer has authorized the act or the act is so closely related to the authorized act that the employer can be considered to have authorized it, then the act can fall within the employee's employment-related tasks.

Figuring out what falls within the course of a truck driver's employment and what doesn't can be complicated, especially with trucking companies trying to absolve themselves of any liability. Insurance companies can also be difficult to deal with, as they try to get a settlement for a minimum amount that does not substantially cover any medical expenses. Injured victims should be sure to get the right information about their legal options.

What are the important documents in a medical malpractice case?

Wed, 26 Jun 2019 13:44:50 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Our readers in Illinois know that it is an unfortunate reality that many people who go to a hospital or doctor for medical treatment end up worse off than they were prior to the treatment. The cause? Medical malpractice. News reports these days commonly cite how, even despite the advances in technology with healthcare, medical mistakes are causing more injuries and illnesses than perhaps ever before. When an Illinois resident suffers from a medical mistake, it may be time to consider pursuing a medical malpractice lawsuit.

So, when a lawsuit is necessary, what are the important documents that Illinois residents will need to have on hand? Well, first and foremost - and perhaps obviously - it is important to have full and complete copies of your medical records. These documents, even beyond what was involved with the treatment during which a mistake was made, can be extremely useful in showing a person's past health status in comparison with the status after the medical malpractice occurred.

Next, along with medical records, Illinois residents should also be sure that they have a complete history of any prescription medications they were given by medical professionals. As most people know, many medications have side effects, which can be very important to monitor during medical treatment.

Lastly, anyone who is pursuing a medical malpractice claim will need to have copies of all of the bills and invoices pertaining to the treatment they received. This can be used to show how financially crippling the effects of medical malpractice can be. Insurance information is also crucial, as it will show which charges were covered by insurance and which the patient was forced to pay out-of-pocket. Every medical situation is unique, so there may also be other documents that are necessary, depending on the case.

The most common causes of construction and industrial accidents

Wed, 26 Jun 2019 13:44:03 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Illinois residents who are employed in the construction and industrial fields probably know that they might be at risk for suffering an on-the-job injury on any given day at work. However, knowing this, most workers take every safety precaution they can to avoid suffering an injury or becoming ill on the job.

Still, accidents can and do often happen. There are some particularly common causes of construction and industrial accidents that our readers in Illinois should know about.

First, there is the risk of falling, as many construction workers are doing their job at elevated heights. A fall from a roof, ladder or scaffolding could result in a variety of injuries, including muscle sprains and broken bones.

Next, there is the risk that something could fall on the worker. The most common prevention device with respect to this risk is now seen on almost every construction site: hardhats.

After that, it is important for workers to understand the risks involved with any machinery they are operating. Many construction and industrial worksites involve the use of heavy machinery, making the job sites more hazardous. Forklifts and nail guns, for example, are the cause of many on-the-job injuries. It is also possible for workers to be crushed in between objects, or at least to have one of their body parts crushed between objects.

There are many different risks for workers in Illinois on construction and industrial worksites. The more aware of these dangers that workers are, the better they can, hopefully, avoid them. However, it is an unfortunate reality that worksite accidents and injuries are fairly common. Any workers in Illinois who suffers such an injury may want to make sure that they understand their legal options .

Issues that often lead to railroad injuries

Wed, 26 Jun 2019 13:43:02 GMT

On behalf of Becker, Schroader & Chapman, P.C.

If you work on an Illinois railroad, you likely already understand how critical safety standards are to helping workers and passengers avoid injury. Your employer has the responsibility to help keep you safe by providing proper training for any and all tasks you perform in the normal course of duty. Nowadays, there's a lot of mechanized equipment that also helps maintain safe railway systems, such as automatic breaking devices.

Beyond training and safety equipment, the law protects you under the Federal Employers Liability Act. It basically means that, if you suffer injury on the job that involves employer negligence, you may pursue recovery for your losses by filing a personal injury claim. This, of course, is different from most of the nation's workforce, where injured employees navigate the workers' compensation system to claim benefits but generally may not sue their employers for personal negligence.

Problems that often lead to accidents

If you suffer injury in a railroad mishap, you not only might face physical challenges in recovery but financial ones as well. Injured workers and railroad accident analysts often cite the following as major causal factors that can cause railroad collisions:

There are typically many different systems working simultaneously to keep a railroad functioning on a daily basis. Poor communication can have disastrous results.
If you were not properly trained to run a machine or to know what to do in a particular set of circumstances, you may wind up suffering because of your employer's negligence. Lack of training is a major causal factor in many railroad incidents.
Employers are not the only ones who are sometimes negligent. Even if you did go through all necessary training, if another worker is being careless, you and all others in the vicinity are at risk for injury.

Inspectors often determine more than one liable party when investigating the aftermaths of accidents on the tracks. In addition to swift and thorough medical treatment, you hopefully have the support of loved ones and friends who can provide whatever assistance you need as you recuperate at home.

When you need more than medical support

You can also tap into other Illinois resources to address the financial and legal matters associated with your situation. The FELA process is often complicated, and the last thing you need while you're trying to get well is to stress over paperwork and courtroom proceedings. By relying on outside support, you can get the care you need and also make sure your family can make ends meet at home while you're recovering from your workplace injuries.

Increase in traffic deaths in America is highest in the world

Wed, 26 Jun 2019 13:42:20 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Our readers may have seen reports in recent years that, after decades of decline, the number of car accidents, injuries in car accidents and deaths in car accidents has been on the rise. Previous posts here have discussed many of the dangerous activities that some drivers engage in, perhaps none more dangerous than using a cellphone while driving. According to a recent report, distracted driving is one of the main reasons that the United States has seen a large increase in the number of traffic deaths since 2000.

The recent report noted a study completed by the International Transport Forum, which examined data from 29 different countries, the United States included. Of the 29 countries, only five experienced an increase in the number traffic deaths between the years 2000 and 2016. The United States led the way, with a whopping increase of 13.5 percent.

The report indicated that the increase in traffic deaths in America can probably be attributed to two main factors: more vehicles on the road due to an improving economy and distracted driving. The distracted driving factor is fairly obvious, as by now we are all, sadly, used to seeing people concentrating on their cellphones while driving instead of on the road in front of them. The economic factor also makes sense, as the American economy slowly improved over the timeframe of the study.

The reality is that many car accident deaths are entirely preventable. Do drivers really need to look at their cellphones while driving? Is that email or text message so important that drivers are willing to risk their own lives and the lives of others? The short answer is "no." And when people are injured in car accidents, negligent drivers need to be held accountable.

A Jones Act Cautionary Tale: Learn From This River Terminal Worker's "Nightmare."

Wed, 26 Jun 2019 13:41:33 GMT

On behalf of Becker, Schroader & Chapman, P.C.

If you get hurt on the job and think that your river employer will explain all of your rights to you, you're wrong. I was recently referred a new client - we'll call him Steve - who just experienced the way river employers treat injured workers. Steve was convinced that he didn't need to call an attorney when he got hurt. He was wrong.

Steve had worked for the river terminal in Southern Illinois for over twenty years. Although the company called him an "operator," he was actually assigned to work on the company's tug. He performed deckhand work moving barges and facing/unfacing the tug. He worked with another worker and a pilot. Despite the label given to him by the terminal, he was a deckhand.

Steve's accident happened because the terminal required the tug to be faced to the river bank that was full of rip rap, or large rocks. Steve had to stand on the rip rap to unface the boat. When one of the rocks shifted, Steve fell into the water, injuring his shoulder.

The accident should never have happened. According to regulations, the terminal was required to provide a safe walkway and working surface for Steve's work. The terminal was cited for this violation after the accident.

The terminal tried to get away with this. They didn't report the incident to the river authorities. They were later cited for this violation as well. Then, they sent Steve to a company doctor in Missouri, who told Steve that the injury was no big deal, but she would order an MRI. The terminal told Steve it was okay to get the MRI, which showed a full thickness rotator cuff tear.

Even though they approved the MRI, once the results came back, the terminal refused to pay the bill. Instead, they said that Steve's condition was pre-existing, even though that same company doctor had given him a clean bill of health six months earlier.

But that's not all. The terminal filed Steve's case under the Longshore and Harbor Workers' Compensation Act, or LHWCA. This is workers' compensation for land-based harbor workers. River employers prefer the LHWCA because the Act does not provide compensation for pain and suffering or loss of earning capacity. It also bars any lawsuits against the employer for an unsafe workplace. In other words, by filing it as a Longshore case, the river terminal tried to avoid having the case heard by a judge or jury. That's why they classified Steve as an operator, instead of a deckhand.

While Steve was trying to talk to human resources about how he was going to pay for his treatment, a company HR person told him that, if he got an attorney, she would be his "worst nightmare."

But before Steve could see an attorney, the nightmare had already started. Three weeks after the accident, the terminal fired Steve based on a trumped up theft charge. Steve, like other co-workers, including his boss, made a hose at work and took it home with him. The terminal saw that on surveillance video and used it as an excuse to fire him. They did this to a 20 year veteran worker who had never had any type of injury claim before. Steve even told his boss that everyone, including the boss, had done the same thing. Steve was told: "that was before." In other words, that was before Steve suffered an injury.

Within 48 hours after meeting Steve, we obtained the citations and filed a Jones Act claim against the employer in federal court. Here's why:

30% of Work on River

First, when a river worker of any type, even one employed by a land-based terminal or shipyard, spends some of his time working on boats, barges, work flats, or other platforms that can move on the water (even if they do not regularly move), the worker can avoid the limited remedies of the LHWCA and take advantage of the remedies available under maritime law, including the Jones Act. The United States Supreme Court has suggested that workers who spend "approximately 30%" of their time on the water can qualify as a Jones Act "seaman." Remember, a vessel under the Jones Act does not just mean a boat or barge - it can also mean work flats or other platforms.

Featherlight Causation

Second, the duties that a Jones Act employer owes a river worker are broad and the burden of proof for the workers is "feather light." An employer has a non-delegable duty to provide a safe place to work, safe equipment, safe work rules, and properly trained co-workers. If an employer's breach of these duties causes an injury in the slightest, the worker can prevail.

Full Recovery; Not Limited Like Comp or LHWCA

Third, a Jones Act claim provides compensation for pain and suffering, past and future medical expenses, lost wages, and loss of earning capacity. Wage replacement and compensation for medical expenses fall under the Maritime remedies of maintenance and cure, respectively.

Injured Worker Chooses Venue For Trial

Fourth, a Jones Act claim can be filed as a lawsuit directly against the employer in state court, even if the employer is incorporated in a different state. For example, we have filed Jones Act claims in Madison County, Illinois against a fleet service in Cincinatti, Ohio. Like with "Steve's" case, a Jones Act claim can also be filed in federal court to be heard by a judge without a jury. These options allow us to place the case in the best venue for the claim.

This "nightmare" did not have to happen. Steve did not have to go see the company doctor. Steve did not have to give statements to the employer. Steve did not need to go it alone against the river terminal while the terminal was building its defenses, filing the claim as a LHWCA instead of a Jones Act claim, and trumping up a bogus reason to fire him. We are now on the case. We already have the citations, the medical records, and we've filed suit.

Learn from this nightmare. If you are hurt on the river, we can help. You don't have to go it alone. Not all river employers do this. But they all defend injury claims vigorously. We can help.

Addressing the danger of railroad and shipping accidents

Wed, 26 Jun 2019 13:40:33 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Many people in Illinois may be familiar with some of the basics of the typical personal injury case, but railroad and shipping accidents can present a whole other level of complexity. Car accidents are one thing, but an accident that occurred in a railroad or shipping situation can include different types of laws than the average personal injury case. They will also definitely different factual scenarios which, if the case goes all the way to trial, will likely be wholly unfamiliar to potential members of the jury.

As a result, familiarity with these types of cases and the laws that may apply can make or break an accident victim's chances of success in a potential lawsuit. At our law firm, we can offer our clients decades of collective experience between our attorneys with railroad and shipping accident cases, the fact patterns that may be present in any given case and the laws that may apply. Victims of these types of accidents are already suffering, so at our law firm, we make it our job to present our clients' cases as efficiently and expeditiously as possible to get the clients the compensation they deserve.

For starters, we will need to analyze the facts of the case: What type of railroad accident was it? If it was a maritime accident, did it occur on the Mississippi River? At a shipyard? On a dock or pier? Any particular fact among many in the situation may determine the strategy and outcome in the case.

These facts are important because different facts may mean that different laws apply. At our law firm, we take the time to understand our clients' cases and how they were affected by the accident and resultant injuries. For more information about how our law firm seeks to help Illinois residents who were injured in these types of cases, please visit the railroad and maritime injury overview section of our website.

What are the first steps to take in a medical malpractice case?

Wed, 26 Jun 2019 13:38:36 GMT

On behalf of Becker, Schroader & Chapman, P.C.

It is an unfortunate reality that hundreds of Illinois residents will be victims of medical malpractice incidents each year. These medical patients go to the doctor's office or hospital expecting to receive the best of care, only to see their condition or injury worsened by a healthcare professional's negligent or reckless conduct. When this occurs, a medical malpractice lawsuit might be necessary. So, what are the first steps that Illinois residents need to take in a medical malpractice case?

The initial step may seem counterintuitive to those who have been injured or whose illness has been made worse by a doctor or other healthcare professional - contact that individual, or the facility where that individual is employed. Why do this? Well, it is important to try to get an explanation for what went wrong, and how things went wrong. How does that individual explain the issue? What options might there be for correcting the issue?

Next, medical malpractice victims need to know that there are important deadlines that will likely apply to their situation. Any lawsuit that might need to be filed will need to be filed within a certain timeframe. These individuals will also need to know how and when to contact a medical licensing board that will be responsible for the healthcare professional's accreditation.

Lastly, medical malpractice victims will need to have the potential merits of the legal case analyzed to make sure there is a valid claim to be made. Legal professionals who are familiar with medical malpractice law may be able to help victims understand their legal options, and help them determine whether or not to push the case to trial or attempt to reach a settlement.

Staying safe when sharing the road with trucks

Wed, 26 Jun 2019 13:37:47 GMT

On behalf of Becker, Schroader & Chapman, P.C.

You are traveling along an Illinois highway when you come upon a tractor-trailer or other large, commercial vehicle. What do you do? Is it safer to shift lanes and try to pass the truck as quickly as possible? This means having the truck barreling along behind you. Should you stay where you are behind the truck? This means being unable to see what is happening ahead of you.

Driving among big rigs is intimidating and sometimes terrifying. It is not always easy to trust that the driver sees you and is capable of avoiding you. There are some actions you can take to improve your chances of arriving home safely when you share the highway with commercial vehicles .

Avoid the driver's blind spots

Large vehicles, especially tractor-trailers, have many blind spots. If you travel in these areas, the driver is not able to see you. Blind spots for a tractor-trailer driver include the following areas:

Directly behind the truck for about 30 feet
One lane to the left just behind the driver's door to about halfway back the trailer
Two lanes to the right from the front of the cab to several feet past the end of the trailer
Within 20 feet of the front of the cab

As you can see, most of the areas around the truck are blind spots, and driving in these areas puts you in danger if the truck changes lanes, backs up or accelerates without warning. A rule of thumb is to look for the driver's face in his or her side mirrors. If you cannot see the driver in the mirrors, the driver cannot see you.

Getting around a commercial vehicle

Passing a truck may be your first instinct. Trucks are difficult to see around, and they will certainly slow you down, especially if you are traveling in mountainous areas. If you intend to pass, keep these factors in mind:

Avoid too much time in blind spots on the side of the truck
Avoid passing when going downhill
Use your signals to change lanes
Pass from the left lane only
Leave sufficient distance when you move back into the lane in front of the truck

When a truck is passing you, it helps to slow down a bit and allow the driver plenty of room. This prevents you from being in a blind spot when the driver merges into your lane.

Some precautions are wise even when no trucks are around, such as driving sober, avoiding distractions and not driving when you are drowsy. Nevertheless, there is never a guarantee that your proactive measures will protect you in every situation. In case of an accident, seeking assistance for your medical and legal needs is critical.

Seeking workers' compensation benefits in Illinois

Wed, 26 Jun 2019 13:36:55 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Most people in Illinois probably feel pretty safe at their jobs every day. It is likely that the majority of people don't work in dangerous situations each day, but there are some who do. Workers in the industrial and construction industry, for example, put themselves in dangerous situations all the time by using heavy machinery, working at great heights and traveling in vehicles. For these individuals, the potential to suffer a serious injury on-the-job is real.

When Illinois residents do suffer a worksite injury , they may be confused about what to do in the immediate aftermath of the incident. These individuals should, first and foremost, make sure that they get the medical attention they need for the injury in question, but they must also inform their employer of the incident as soon as possible. From there, it may be necessary for an injured worker to pursue workers' compensation benefits.

Why would an individual need to apply for workers' compensation benefits? Well, the extent of the injury in question is a key part of the situation. What if the worker isn't able to return to the job while recovering? What is that worker supposed to do about the income that is needed to make ends meet? Providing a means for support for an injured worker is the very reason why the workers' compensation system is in place in Illinois.

At our law firm, we understand that injured workers may have more questions than answers after an on-the-job accident. We do our best to attempt to make sure that our clients have the right information that pertains to their own, unique circumstances. For more information about how our law firm might be able to help with your application for workers' compensation, please visit our webpage about these important benefits .

Recent car accident could have been deadly

Wed, 26 Jun 2019 13:36:03 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Many of our readers in Illinois know that, in many cases, car accident investigations conducted by law enforcement officials are crucial in determining how a car accident occurred. That will likely be the case in a recent accident, as reports about the crash have not identified a cause. But, what is known is that the accident could have been deadly, if not for the efforts of emergency responders.

According to a recent report, the car accident in question occurred on May 4 on Interstate 64 near Caseyville, and involved multiple motor vehicles. The reports indicate that one vehicle involved was pushed off of the highway and into a retention pond. The vehicle was reportedly submerged in the water. And, to make matters even more dangerous, live power lines were also in the water.

Two individuals in the submerged vehicle were injured in this car accident , but they were rescued from the water by a special emergency services team. This accident initially led to all traffic in the westbound lanes of I-64 being stopped, before eventually opening lanes up.

While the recent reports about this recent accident detail the heroics of the emergency responders involved, there is still an open question as to how this multi-car accident occurred in the first place. The accident investigation of this incident is being conducted by the Illinois State Police. If the victims in this case were injured due to the negligence or recklessness of another party, they may be able to seek civil court options to attempt to recover compensation to cover their costs.

Source: Belleville News-Democrat, " Two rescued from car submerged in water after crash on I-64 in Caseyville ," Elizabeth Donald, May 4, 2018

Exploring options after a construction injury

Wed, 26 Jun 2019 13:35:17 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Illinois residents who work in the construction industry recognize that their jobs, by their nature, may be more dangerous than other jobs. These individuals usually work with heavy equipment and machinery, often in busy, hectic construction zones. They may be required to walk on roofs, in trenches or other areas where an accident can easily lead to serious injury.

When an accident on-the-job does occur, it is important to determine how it occurred. Was the available safety equipment on the worksite deficient? Did someone make a mistake that caused the accident? Was equipment or machinery misused? These, among many other considerations, are factors to take into account after a construction injury occurs.

Fortunately, if the accident was caused by another party's negligence or recklessness, the injury victim may be able to pursue civil court options to attempt to recover financial compensation. Injury victims may face mounting medical bills, along with days, weeks or even months of not being able to return to work and earn an income. In the worst-case scenarios, injury victims may even suffer a permanent disability due to the injury.

At our law firm, we do our best to help Illinois residents who have been injured at construction worksites. In many cases, it is necessary to conduct a thorough investigation into the circumstances surrounding the accident in question in order to determine the available options for the injured victim. For more information about how our law firm might be able to help in your case, please visit the construction injury overview section of our website.

Construction accidents are common, so know what steps to take

Wed, 26 Jun 2019 13:34:20 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Workers in the construction industry in Illinois are probably aware of many of the dangers that are present on worksites. That is why they wear hardhats, gloves and reflective clothing. They take all of the precautions that they can. However, sometimes those precautions just aren't enough.

The truth is that construction accidents are actually fairly common. Some of the most common worksite injuries are caused by falls, falling objects, machinery or equipment malfunctions and even electric shock. And, in many cases, determining the cause behind these incidents can be a fairly complex issue. But, if it is ultimately determined that a third party was negligent in some way, the injured construction worker may be able to pursue financial compensation in a lawsuit.

Additionally, a worker should be able to get compensation through Illinois' workers' compensation system, even if their employer was not directly responsible for the accident.

Beyond the immediate need for medical attention for an injury caused in a construction accident, injured workers will need to make sure that they secure copies of their medical records for potential use in any lawsuit that needs to be filed. Photos of injuries may become important as well. The injured worker will need to note when the worksite accident was reported to the employer and what actions the employer took as a result. It can also be extremely useful to gather the names and contact information for anyone on the worksite who witnessed the accident.

Injured workers in Illinois may be facing some tough times as they recover, but the financial burdens of the injury may not be their fault. Some injured workers may need to explore their legal options.

Three-car accident in Illinois results in injuries

Wed, 26 Jun 2019 13:32:55 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Many car accidents in Illinois occur because drivers violate traffic laws and regulations. When this occurs, all of the drivers involved and their passengers are at risk of suffering injuries. That appears to have been what happened in a recent car accident in Illinois.

According to reports, the car accident in question occurred on April 18 during the afternoon. Apparently, one driver, a 40-year-old Illinois man, was driving his vehicle along a highway when he rear-ended a Jeep in front of him. The Jeep, which was being operated by a 73-year-old man, then reportedly spun out of control into oncoming traffic, striking a third vehicle. The third vehicle was being operated by a 54-year-old Illinois resident.

The reports indicate that all three of the drivers involved in this car accident suffered injuries. In fact, two of the drivers needed to be transported by air to Springfield, Illinois, for medical treatment. Fortunately, it appears that none of the injuries that occurred are life-threatening.

Two of the drivers involved in this car accident received traffic citations, with one - the 40-year-old man who apparently caused the chain-reaction accident - being cited for improper lane usage and failure to reduce speed. In the aftermath of this car accident, the injured parties may be considering the legal options to attempt to recover compensation. With the injures involved, the victims will like require quite a bit of medical treatment. That means that the medical bills could start to pile up pretty quickly for an accident they likely had no part in causing.

Source: wgem.com, " Three drivers taken to hospital after multi-vehicle crash ," Gene Kennedy, April 18, 2018

How can texting and driving impact your life?

Wed, 26 Jun 2019 13:31:21 GMT

On behalf of Becker, Schroader & Chapman, P.C.

We all do quite a bit of driving in our daily lives and, although many people probably would not like to admit it, many drivers are using their cellphones while they drive. It is not hard to see that this is a dangerous activity. So, how can texting and driving impact one's life?

Well, as it turns out, texting and driving may be getting more dangerous than many people realize. In 2015 alone, an estimated 400,000 people were injured in car accidents that were caused by distracted driving. Approximately 3,500 people were killed in these types of accidents.

Distracted driving, and texting and driving, in particular, can impact an Illinois resident's life dramatically. Just imagine, how would one handle a major injury suffered in a car accident? What if one did not have enough money to pay medical bills? What if their injury is so severe that they are not able to return to work right away to earn more money?

Anyone who is injured in a car accident that was caused by a distracted driver may be able to pursue financial compensation through a personal injury lawsuit. These injured victims need to determine whether the other driver was at fault and, if so, how the accident occurred as a result. These days, the answer may be because of distracted driving, more often than not. When drivers take their eyes off of the road to send or read a text message, those few seconds of inattentiveness can cost Illinois residents their lives.

Source: The Baltimore Times, " Driving + Inexperience + Texting = Trouble ," Richard Lichenstein, April 13, 2018

Gross negligence and medical malpractice

Wed, 26 Jun 2019 13:30:35 GMT

On behalf of Becker, Schroader & Chapman, P.C.

While most Illinois residents don't concern themselves with legal terms in their daily lives, many people have a good grasp on the concept of negligence, even above and beyond the potential legal use of this term. In essence, negligence, both in regular life and in legal terms, means that some has acted inappropriately in a situation in which more was expected from them, and there were physical or financially consequences as a result.

However, in a legal situation, there can be instances when conduct or behavior amounts to more than just negligence. It could amount to gross negligence . This more powerful term is oftentimes seen in medical malpractice cases.

Gross negligence in a medical malpractice case usually means that the conduct or behavior - which was engaged in by a doctor or other medical professional - was so incredibly wrong or reckless that anyone could have seen that it was an error. For instance, it usually doesn't take a medical degree to see where a person was seriously injured if there is blood or broken bones that are easily observable. But, if a medical professional in that type of situation performs a medical procedure on another part of the person's body that wasn't injured instead, that could amount to gross negligence.

Illinois residents who believe they have been the victim of medical malpractice may need to get more legal information about their own particular case. The incident could have been a case of regular negligence, or it could rise to the level of gross negligence.

Considering one's options after a railroad or shipping accident

Wed, 26 Jun 2019 13:29:44 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Many people do not think about the impact that railroads and shipping over waterways still have in our daily lives. Advances in technology may make people think that these forms of transportation, particularly for products and goods, is outdated. However, the reality is far from that. Illinois residents can come into contact with railroads and maritime shipping more frequently than they think, particularly if they, or a loved one, is employed in these industries.

Unfortunately, despite all of the protections in place to attempt to prevent injuries caused by railroads and waterway shipping , these situations still occur. For some people, it might be a sudden collision between a motor vehicle and a train at a railroad crossing. For others, they might actually work in the railroad industry and be injured on the job. For those in the maritime shipping industry, injuries can occur on tug boats, on docks and on barges on the Mississippi River.

So, what can Illinois residents do if they are injured in an accident that involves railroads or maritime shipping? Well, for starters, legal options may need to be explored. The nature of the incident is crucial: "How did it occur?"; "Where did it occur?"; "When did it occur?"; and, "What parties were involved?" Next, injured victims will need to consider which law will help them in their attempts to recover compensation.

At our law firm, we work with injured victims every day in an attempt to help them recover maximum compensation for their accident they were involved in. But, railroad and shipping companies will certainly attempt to fight back against injury claims. For more information about how our law firm might be able to help, please visit the railroad and shipping injury overview section of our website.

What are pain and suffering damages in a personal injury case?

Wed, 26 Jun 2019 13:28:30 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Most of our readers in Illinois are familiar with the fact that, in the aftermath of a car accident or other type of accident, the injured victims can pursue legal options in order to receive financial compensation for expenses such as medical costs and property damage. However, many people have also heard of "pain and suffering" damages but aren't as familiar with when these types of damages can be pursued.

So, what are pain and suffering damages in a personal injury lawsuit? Well, for starters, pain and suffering damages fall into the category of "non-economic" damages in a personal injury case. These types of damages are not easily quantifiable, and are instead much more speculative in nature, usually. However, that doesn't mean that injured victims should be dissuaded from pursuing pain and suffering damages.

The main challenge is how these types of damages are calculated. To start with, it is important to consider the injury in question. How severe is it? How long will it take the victim to recover, if ever? Will the injury result in permanent disability or disfigurement? The answer to all of these questions can be subjective, but it becomes easier to prove these types of damages when an injured victim is available to testify.

Pain and suffering damages are just one potential component of a personal injury case for Illinois residents. A sudden accident that results in injury can seriously derail a person's life. They may be unable to work and earn an income, and they may be facing weeks, months or even years of medical treatment and rehabilitation. Pursuing a personal injury lawsuit may be an option to recover some of the financial cost of these expenses.

Legal options for victims of a failure to diagnose

Wed, 26 Jun 2019 13:27:40 GMT

On behalf of Becker, Schroader & Chapman, P.C.

When a medical professional fails to properly diagnose, or fails to timely diagnose, a medical condition, it can result in serious harm and damages to victims and their family members. The lack of treatment or incorrect treatment as a result of a failure to diagnose may result in liability for a medical professional that has committed medical malpractice.

When a disease or injury has worsened beyond what it would have if the disease or injury had been timely and properly diagnosed, the victim or surviving family members of the victim may have a medical malpractice claim for damages. Damages arising from medical malpractice can include any one of a variety of physical, financial and emotional damages.

To determine if the medical professional is responsible to the victim for damages, the court will consider what a reasonably prudent medical professional would have done in the circumstances. If the medical professional failed to exercise due care in treatment of the victim, they may be liable to compensate the victim for medical expenses and other damages or to compensate surviving family members for wrongful death damages. A failure to diagnose or an incorrect diagnosis can result in erroneous treatment which can lead to additional harm.

Victims of medical malpractice are in an already vulnerable position when seeking medical care and treatment which is why the legal process provides legal resources if they have been harmed in the delivery of that care. It is important for victims of medical malpractice and their families to be familiar with their legal rights and remedies.

Source: Injury.findlaw.com, " Failed/Erroneous Diagnosis and Treatment ," Accessed March 5, 2018

In, out and all around: Danger lurks in the form distractions

Wed, 26 Jun 2019 13:26:37 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Are you the type of person whose vehicle looks (and maybe smells) as brand new today as it did the day you actually bought it, which may have been several years ago? To the contrary, perhaps you would be the messy half of the Odd Couple, not caring about clutter or if last week's fast food lunch bag is still on the floor of your car. Whether clean as a whistle or messy as can be, your car may contain hazards in the form of potential distractions.

The lunch bag lying on the floor can become a major driving distraction if you suddenly decide the time to try to dig it out from under your seat is while you are driving down an Illinois highway at 70 miles per hour. Even inside a clean car, your entertainment system, GPS device, or light-up mirror (perfect for checking hair, beards or make-up) may cause you to glance away from the road long enough for disaster to occur, should you fail to avoid a collision because you not focused on driving.

Potential danger inside and outside a vehicle

As a responsible and safe driver, you no doubt try to remain alert and adhere to all traffic regulations. That may not be enough to save you from injury, however, if another motorist is distracted while driving. The following list shows a small sample of many types of distractions both inside and outside of a vehicle that can create danger for all travelers:

Grooming, smoking, adjusting radio knobs, eating or drinking and handing things to other vehicle occupants are all types of distraction that typically exist inside a vehicle.
Also inside a vehicle, many motorists get distracted by scrolling through play lists on iPods, texting while driving or trying to follow visual navigational instructions on GPS devices.
Distractions outside of a vehicle can be just as dangerous. A driver reading a roadside billboard is definitely not focused on the road ahead. The same goes for people gawking at accident scenes or other curious events unfolding outdoors, such as festivals nearby or groups of people gathered in a particular area, such as a parking lot or baseball park.
Fellow travelers in the same vehicle can cause driver distraction as well. If a driver is turning around or otherwise engaging with passengers, he or she may be preoccupied and not paying attention to driving or surrounding traffic.

You can avoid becoming a distracted driver by limiting your interaction with passengers while you drive, keeping your eyes on the road and hands on the wheel and focusing your attention on the task at hand. You can't do much regarding another motorist's actions behind the wheel though.

If you suffer injury because a distracted driver crashes into our vehicle, you may suffer temporary or permanent disability. The emotional trauma of such situations is also a type of injury. Hopefully, you will achieve a swift and full recovery; as part of recovery, many Illinois accident victims pursue justice and compensation in court.

Help is available for victims of workplace accidents

Wed, 26 Jun 2019 13:25:29 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Construction sites and other industrial work sites can be dangerous for workers. Workers have the right to a safe workplace and when they have been harmed because proper safety precautions were not taken at their workplace, it is important for them to be familiar with the protections available to them. When a worker has been injured on the job it impacts both them and their family which is why understanding the resources available to them is helpful.

Following a workplace accident , an injured worker may be able to obtain help with medical bills, lost wages and the suffering they have endured as a result of the work injury or illness they have suffered. Workers in a variety of construction and industrial settings can be victims of accidents, injuries and illnesses in the workplace including carpenters, steelworkers and other laborers.

Situations in which workers can be injured include falls from scaffolding and ladders; equipment malfunctions; crane accidents; slip and fall accidents; dump truck, flat bed and other truck accidents; wall or roof collapses; industrial burns; electrocutions; explosions; and toxic exposure. When a worker has not been provided with a safe workplace, and has suffered harm as a result, there are several layers of protection available to them.

There are different legal options and remedies available depending on the unique circumstances of each workplace accident and the harm suffered by the injured worker which is why workers and their families should be familiar with all of them. Because a workplace accident threatens the livelihood of an injured worker and their family, they should be aware of the legal resources available to help them.

Granite City man killed after getting hit by car

Wed, 26 Jun 2019 13:24:36 GMT

On behalf of Becker, Schroader & Chapman, P.C.

A recent auto accident involving a pedestrian and one car claimed the life of a 78-year-old man. The accident happened near a local intersection in the evening, shortly after dark.

According to police, they discovered upon responding to an emergency call that the man had suffered serious injuries after being hit by the vehicle. Police have identified the victim, who died shortly after being taken to a nearby hospital.

The other details of what happened in this accident have not been released at this time, but police say that they are continuing to investigate the incident; they will, hopefully, be able to give an opinion on the cause of this tragedy in the near future.

However, this local story illustrates that Granite City and the surrounding central and southern Illinois communities are not immune from a common and growing problem in the United States, that is, pedestrian fatalities on America's roadways and in this country's intersections.

According to a recently released report , last year, there were around 6,000 pedestrian deaths. Those who reviewed the report suggested that many of these deaths were related to distracted or drugged driving. After all, motorists who are under the influence of marijuana or another drug, as well as those who are paying attention to their cell phones instead of the road, are much less likely to notice and be able to stop for a pedestrian who happens to be crossing the street or walking alongside the road.

While Illinois and other states have tried to crack down on distracted and drugged driving, obviously the police cannot stop every dangerous driver prior to their causing an accident. Fortunately, families of pedestrian accident victims also have legal options available to them, including the option of filing a personal injury lawsuit against any driver who negligently or recklessly caused a pedestrian accident.

Source: RiverBender.com, " Granite City pedestrian struck, killed in accident with single-vehicle ," Dan Brannan, Feb. 21, 2018.

Former pro football players collect workers' compensation

Wed, 26 Jun 2019 13:23:48 GMT

On behalf of Becker, Schroader & Chapman, P.C.

When most people in Illinois think about workers' compensation claims, they probably envision individuals who were injured in construction or industrial accidents on the job. However, many other people in other occupations are open to injuries on the job as well - including professional athletes.

Many of our readers in Illinois will remember Matt Forte, a recently-retired Chicago Bears great. The former running back did wonderful things for the Bears on the football field, but he suffered his fair share of injuries for the team as well. A recent report noted that Forte, among other former pro football players, has sought workers' compensation benefits in Illinois.

As the recent article noted, Illinois law, when it comes to workers' compensation claims, allows injured employees to seek benefits of up to two-thirds wage loss differential caused by an on-the-job injury. And, although there is a cap on the amount of benefits that can be paid out to an injured worker - which would obviously come into play with a former professional athlete like Forte, who earned millions of dollars in his playing career - the benefits that are earned are paid out tax-free.

Some people may believe that former professional athletes live in the lap of luxury, but, after a player's career ends, a significant revenue stream is cut off. Like Forte and many other former pro athletes, any worker who has been injured on the job in Illinois may be able to pursue a worker's compensation claim to help make up for wages lost due to the injury.

Source: Forbes, " Life After The Chicago Bears: Ex-Players Have Collected $13M In Workers' Comp Since 2000 ," Dan Churney, March 20, 2018

Why is the standard of care so important in med mal cases?

Wed, 26 Jun 2019 13:22:50 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Many residents of the Granite City, Illinois, area have probably heard the phrase standard of care, particularly if they have been around people who work in the medical profession.

In addition to being a medical term, the standard of care is also an important legal concept because it helps determine whether a doctor was negligent in providing medical care and, thus, liable in a medical malpractice lawsuit.

Basically, the standard of care refers to the way in which average to good doctors, with similar skills and in a community with similar resources and equipment, would choose to handle a given set of circumstances. Because medicine is part art and part science, it is important to remember that there is rarely one correct way to treat a patient. Moreover, there is no one resource where a person can go and definitively look up the standard of care.

To give an example, a typical doctor in a community might choose to do option A, B, or C when treating a patient for a condition. Any one of these three options is within the standard of care that prevails in that doctor's community and with that doctor's knowledge and skill. Even if a patient has a bad outcome, the doctor will not be found negligent for exercising any of these options correctly.

If the doctor does option X, on the other hand, he or she could be accountable for his or her patient's injuries.

Establishing the standard of care in medical malpractice case requires the collaboration of an experienced medical expert who can reliably testify as to what the standard of care is in a given situation, since the standard of care can vary somewhat based on the circumstances. This process is often best accomplished with the help of a medical malpractice attorney.

Man will face criminal charges after distracted driving crash

Wed, 26 Jun 2019 13:22:02 GMT

On behalf of Becker, Schroader & Chapman, P.C.

An Illinois man is now facing criminal charges after an accident on Interstate 57 that left a 10-year-old girl dead.

While no alcohol or drugs were apparently involved with this case, police and prosecutors decided to file criminal charges against the man for reckless homicide and other charges because they discovered evidence of texting and driving prior to the accident.

The victim was a backseat passenger in her grandmother's vehicle and had slowed down for a traffic jam on the Interstate. The man slammed his Jeep in to the back of the car, pushing the car in to the large truck in front of it. The girl died at the scene of the crash, and her older sister and grandmother were also hurt in the accident.

While police initially only cited the man with traffic violations, including a violation of Illinois' ban on texting and driving, prosecutors later reviewed the case and decided to add criminal charges. This decision came on the heels of a police accident reconstruction expert issuing his final report on the accident, which apparently suggested the man's conduct was more serious than a momentary lapse in judgment. The investigation took about six months to complete, as the accident happened last summer.

In addition to facing criminal penalties, the man may also face a personal injury or wrongful death lawsuit from the victims or the victims' families, as the case may be. Through legal action, the victims may be able to recover their costs and lost wages, as well as non-economic damages like emotional distress or pain and suffering. Punitive damages may be a possibility in this case as well.

Source: The News-Gazette, " Mattoon man charged with reckless homicide in fatal I-57 crash ," Mary Schenk, Jan. 17, 2018.

Helping injured workers explore all legal options

Wed, 26 Jun 2019 13:21:10 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Of course, victims of construction and industrial accidents in the Saint Louis area and throughout southern and central Illinois expect their attorneys to be zealous advocates in court and also firm in their negotiations.

With respect to these qualities, the professionals at our law office work hard to meet these expectations. We have over 100 years' experience between our attorneys when it comes to handling legal claims arising out of work-related accidents.

In addition to knowing the laws and regulations that apply to worksites, many of our attorneys also have familiarity with, and in one case firsthand knowledge of, how industrial and construction sites work on the ground as a practical matter.

This common-sense knowledge gives us an edge when we are trying to get our clients the most compensation possible so that they can recover from their injuries and move on with their lives.

In addition to advocating for our clients, however, we also see part of our role as helping our clients determine all sources of compensation available to them. Workers' compensation is a good starting point for an injured employee to turn to in order to get some compensation for lost wages and coverage for medical bills, but it simply will not cover everything after a serious injury.

Using our knowledge and experience, we will investigate the worker's accident in order to see if other third parties, such as the manufacturer of a defective piece of construction equipment or the driver of a motor vehicle, may be liable to pay additional compensation that an injured victim will no doubt need and definitely deserves.

Don't get caught in the crossfire of an intersection

Wed, 26 Jun 2019 13:20:13 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Do you recall when you first learned to drive and your parent or driving instructor took you out on the road? You were likely quite nervous, especially when it came time to navigate an intersection. There are often traffic lights or stop signs to help secure these driving locations; nevertheless, they are extremely dangerous places that place you and all other drivers at risk for collision.

Even if you've been a licensed driver for a long time now, it doesn't necessarily mean you don't get nervous at intersections. The problem is that no matter how cautious you are, another motorist nearby may be negligent, leaving you little to no time to react to avoid collision. If this happens and you suffer injury, you can reach out for support to get medical attention and other assistance you might need.

Intersection safety tips

There's no telling what another motorist is going to do at an intersection. Your safety is banking on the assumption that every person navigating the intersection with you is going to adhere to traffic regulations and act with caution behind the wheel. The following ideas are practical tools you can employ to increase your chances of safely getting through intersections as well:

When unmarked, always yield: If you approach an intersection that has no lights or stop signs, it's always a good idea to yield to traffic there. Even if you arrived a moment before another car, it's safer in unmarked crossroads to let the other driver go ahead of you.
Watch out for pedestrians: Especially at night or in inclement weather conditions, it can be difficult to see foot travelers at intersections. Intersections are definitely areas that call for increased driver alertness.
Green doesn't mean go without looking: If you are at a protected intersection and your light turns green, it is always best to pause before accelerating to look in all directions and make sure no other vehicle is moving into your path. Just because your light is green and other motorists have red lights doesn't guarantee that every driver is going to stop.
Yellow lights don't mean speed up: Collisions often occur at intersections when a motorist speeds up in attempt to "beat" a yellow light before it turns red.

The bottom line is that you are responsible to drive in manner consistent with all posted traffic signs and state regulations. Doing so definitely increases your chances of avoiding collision, but there is no foolproof way to prevent accidents from occurring if other drivers in your vicinity do not obey traffic laws. Intersection safety depends on every motorist staying alert and driving defensively.

What to do if someone hits you

If you suffer injury in an intersection collision (or anyplace else on an Illinois roadway) you may have to endure repeated medical visits and take time off work in recovery. Others who have gone through similar experiences have encountered undue financial hardships in such situations. Many have successfully recovered their losses by filing personal injury claims against those deemed liable for their injuries.

Can you explain why distracted driving is so dangerous?

Wed, 26 Jun 2019 13:19:22 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Many people in Granite City and throughout the Illinois suburbs of the Saint Louis area can probably recognize by intuition that a distracted driver is a dangerous driver. Some may have noticed on the road how someone messing with his or her cell phone changes lanes and makes turns haphazardly or stops with a jerk at an intersection.

Scientifically, though, it may be harder for a person to understand why exactly distracted driving makes a motorist more dangerous to others with whom he or she is sharing the road. One of the reasons comes down to the fact that bringing a vehicle to a stop, or for that matter, making any kind of maneuver in a vehicle, consists of three distinct elements.

One of these three elements is the amount of time it takes a vehicle to actually stop after a driver applies the brakes. While this depends on speed, it also depends on the weight of the vehicle, the latter of which is not usually in control of the driver. To account for a vehicle's stop time, a driver can slow down and leave a safe following distance, but to some extent, the stopping distance of a vehicle is what it is.

However, a vehicle also continues to travel during that critical time between when a hazard emerges up the road and a driver perceives the hazard and then decides to apply the brakes and actually does so. This is the part of the process in which an attentive driver can move quickly, thus reducing the overall time, and distance it takes to stop.

A distracted driver, on the other hand may travel easily over 100 feet, possibly more, before he or she even notices that he or she needs to apply the brakes or take other evasive action. By this time, it can easily be too late to avoid a car accident.

Ultimately, distracted driving is dangerous because it costs a driver valuable time he or she needs to stop in the event of an emergency. If a Granite City resident feels that he or she has been the victim of distracted driving, legal options may be available to that person via a personal injury cause of action.

Why is informed consent important in medical malpractice cases?

Wed, 26 Jun 2019 13:18:13 GMT

On behalf of Becker, Schroader & Chapman, P.C.

This blog has talked about how Granite City, Illinois, residents and others who live in the eastern suburbs of Saint Louis may have the right to seek compensation from the doctors after a misdiagnosis or other outright mistake leaves them in a worsened medical condition.

However, what these people might not realize is that they may still have a medical malpractice case if a procedure does not go as planned but they were not warned of the risks beforehand. This is true even if the doctor performs the procedure flawlessly from a technical perspective.

In other words, one of a doctor's basic duties is to make they communicate effectively to their patients what they are doing, what they expect to achieve by doing it and what the possible benefits and risks of the procedure are. Moreover, the doctor has to go over reasonable alternatives to the procedure, including the option of doing nothing at all.

The process of the doctor's communicating the information to his or her patient and getting the patient's approval to do the procedure is called obtained " informed consent ." The giving of informed consent gives the patient the ability to make a fully informed decision about their personal health, and it also ensures that a patient enters a medical procedure with eyes wide open.

After all, just about any medical procedure has risks, and the best a doctor can do for his or her patient is let them know about those risks and decide freely whether or not to accept them. Should a doctor fail in this important obligation, and a patient wind up harmed by a treatment they would not have accepted had they been fully aware, the patient may be eligible to obtain compensation.

We can assist with a med mal case concerning informed consent

Wed, 26 Jun 2019 13:17:23 GMT

On behalf of Becker, Schroader & Chapman, P.C.

A previous post on this blog discussed how Granite City, Illinois, patients can file a claim for medical malpractice based on a lack of informed consent if they were not given adequate information about alternatives to a medical procedure that wound up going wrong.

This is true even when the doctor performed the treatment correctly and the bad result was simply part of the risk of the treatment itself. In other words, Illinois patients have the right to know what they are signing up for whenever they submit themselves to medical treatment; the riskier the treatment, the more important this right is.

Of course, especially since a patient will like sign a slew of forms before a treatment that purportedly acknowledge and waive a whole bunch of rights and options that a patient might not even fully understand, proving and informed consent case can be difficult.

At our law office , we believe that when a doctor has made any kind of mistake, including a simple failure to communicate a patient's options properly, there ought to be a means of holding that doctor financially accountable for his or her patient's losses.

Doctors are, after all, trusted by their patients and paid to help them improve the patients' lives; when they fail in this responsibility, they should do what they can to make it right.

With over 100 years of experience between our attorneys, we have an established track record of investigating malpractice cases and then using that information and our knowledge of the law to hold negligent medical professionals accountable for their mistakes. Our goal in any of our cases is not only about getting money but also about making sure our clients feel that they have received justice after being hurt by someone who was supposed to help them.

Review of the Federal Employers Liability Act

Wed, 26 Jun 2019 13:16:34 GMT

On behalf of Becker, Schroader & Chapman, P.C.

When a railroad worker gets hurt on the job in Granite City, Illinois, he or she has some special legal options which are not available to many other people who get hurt while at work.

Specifically, the worker has a right to pursue a claim in federal court under the Federal Employers Liability Act, or FELA . Although it has obviously been changed over the course of time, FELA has been the law of the land for over 100 years, having been passed by Congress in 1908.

As distinct from state workers' compensation laws, FELA is not a "no fault" system, meaning that an employee who gets hurt on the job has to prove that the railroad was somehow legally responsible for the accident.

In exchange for having to take this extra step, however, an employee will be allowed to seek compensation for his or her non-economic losses like pain and suffering, as well as compensation for lost wages, medical bills and other out-of-pocket expenses.

Moreover, "negligence" in a FELA case isn't too hard to prove, relatively speaking. FELA lists a set of detailed safety standards railroads must maintain for the protection of their employees; if the railroad runs afoul of any of these standards, even only slightly, then an employee is more likely to have a successful negligence claim under FELA.

Still, while FELA offers important benefits to railroad employees in the Granite City area, filing a FELA claim and getting compensation is not always easy. In this respect, it often is a smart move for an injured railroad employee to get the help of an attorney who has experience with maritime and railroad injuries .

How an appeal of a workers' compensation claim works

Wed, 26 Jun 2019 13:15:33 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Previous post have discussed how the idea behind Illinois' workers' compensation system is to make sure Illinois workers get the financial help they need after an injury and do so quickly.

Unfortunately, though, there are many situations in which a claim for benefits may be denied outright or, as is more common, may be in dispute because the worker feels he or she is entitled to more than what the employer or the employer's insurance company is willing to pay.

When this happens, a worker has the right to appeal directly to the Illinois Workers' Compensation Commission by submitting a claim. The Commission will assign the case to a hearing officer called an arbitrator who, if unable to facilitate an agreement, will make a decision on the matter.

The worker can then appeal that decision, within a certain timeframe, to the Commission for a further hearing by three Commissioners. If he or she is not an employee of the state and still does not like the decision, then he or she can file a request for further review in a local court and continue to appeal, even all the way up to the Illinois Supreme Court.

It is important to remember, however, that very few disputed cases actually get in to the court system at all, and all the fewer actually get reviewed by the Illinois Supreme Court. By the time a case does make it in to the courts, the courts are going to be likely to assume, at least to a certain extent, that the decisions reached by the arbitrator and Commission are correct.

Although workers have an ample opportunity to appeal an unfavorable workers' compensation decision, doing so can be tricky on a practical level, especially since there a lot of deadlines and other special rules one is expected to know and follow when appealing a case. This is why it is usually a good idea to have the help of an experienced workers' compensation attorney when pursuing an appeal.

Do in-car infotainment systems actually benefit drivers?

Wed, 26 Jun 2019 13:14:31 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Numerous people in Illinois and across the country love having the ability of accessing technology whenever they please. With many people, likely yourself included, having some sort of smartphone, tablet or other portable device that allows them to easily browse the internet or check various apps, information and assistance usually remains within arm's reach. While this convenience may help you stay updated on the various goings-on with your friends, family and in the world, it may not always act as a blessing.

Because individuals have become so reliant on technology, different "smart" devices and programs show up where they never did before. Children's games, home appliances and even your vehicle boast systems that go far beyond what individuals in previous decades could access. However, when it comes to the technology in vehicles, distraction is a prominent issue .

What are infotainment systems?

The latest models of a number of vehicles from various manufacturers offer "infotainment systems." These systems typically come with some sort of digital screen placed in the dashboard of the vehicle that allows you to access a myriad of programs ranging from the radio to GPS. Though these programs may offer some convenience, they can also significantly distract drivers.

Distracted driving is a considerable hazard, and multiple vehicle manufacturers have rolled out vehicles with infotainment systems that are considered highly distracting. To name a few, Cadillac, Volvo and Acura land among the brands with the most distracting systems. Ford, GM and Fiat-Chrysler came in as having the least distracting infotainment systems, but still distracting nonetheless.

Improved or not improved?

Though digital touch screens can make the inside of a vehicle seem sleeker and more aesthetically appealing, they may also cause unnecessary complications. Where radio and air conditioning knobs used to exist, a single screen is now used to access these and other applications. As a result, you may need to take your eyes off the road multiple times in order to find the right application or press the right icon, especially if the screen malfunctions or you open the wrong program.

Taking your eyes off the road for mere seconds greatly increases the chances of an accident. Many people may find themselves staring at their infotainment screens trying to open the desired application or entering GPS information and not even realize they have forgotten to look at the road. Unfortunately, this type of distraction could easily result in a serious or fatal accident. In fact, distracted driving resulted in over 3,000 deaths in 2016 in the United States alone.

Have you suffered damages?

If you have been involved in an accident and suffered serious injuries or lost a loved one due to a distracted driver, you may wonder about your legal options . Personal injury or wrongful death claims filed against the driver considered responsible could potentially help you pursue compensation for resulting damages.

What is 'negligence per se' and why is it important?

Wed, 26 Jun 2019 13:13:16 GMT

On behalf of Becker, Schroader & Chapman, P.C.

A previous post on this blog discussed how many truckers in Illinois are prohibited under federal law from texting and driving or even using their cell phones in most circumstances. Likewise, the state law of Illinois also prohibits all motorists from most types of cell phone use and all texting and driving.

Some Granite City residents might wonder why it matters that such behavior is against the law. After all, these are traffic violations or, in the case of truckers, administrative issues. In any event, though, a person caught texting and driving will be punished by the state via a fine or other penalty, but the state cannot directly help a car accident victim get compensation for his or her losses, assuming something along the lines of texting and driving caused the accident in the first place.

To understand the reason it is important to know whether a driver violated the laws in connection with an accident, one has to understand the negligence per se doctrine .

In general, in order to get compensation in a personal injury negligence case, like a car accident, one has to prove several things, including that the other driver had an obligation to do or not do something and the driver failed in that responsibility.

However, the negligence per se doctrine allows an injured victim to skip over establishing the other driver's failure to meet an obligation when he or she can instead show that the other driver broke a law and the law was in place to protect other motorists.

By way of example, if a victim can prove a motorist violated texting and driving rules, all the victim need do at that point is show how the texting and driving contributed to the accident. Illinois drivers automatically have an obligation both to the state and to each other to follow the traffic laws.

If an Illinois resident feels that they have been injured because another driver violated a traffic law, they may be entitled to compensation for things like their medical bills, lost wages and pain and suffering.

What is a third party liability claim?

Wed, 26 Jun 2019 13:12:21 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Previous posts on this blog have talked about what a Granite City, Illinois resident would have to prove if he or she were trying to get compensation for a business's negligence following serious construction or industrial accidents .

However, that post begs the question as to why a person would be suing at all if he or she already can collect workers' compensation, assuming of course the injury was related to one's work.

The reason a person would want to consider suing even if he or she is able to collect workers' compensation benefits is that these benefits do not cover all of a person's losses. Workers' compensation may pay for a person's medical bills, but the program will usually not pay for all of a person's lost wages. Moreover, workers' compensation does not pay benefits for items like pain and suffering and other, non-economic losses.

While workers' compensation laws limit an Illinois workers' right to sue his or her employer, there are no such limitations on a person's right to sue other businesses and individuals who are also responsible for an accident, even if that accident happened while one was on the job. These sorts of lawsuits are called third party liability claims , and they can play an important role in making sure an injured Illinois worker gets all of the compensation to which he or she is entitled.

One caveat is that, generally speaking, people are not allowed to recover money twice for the same item. So, if workers' compensation pays one's medical bills, and a person later successfully sues another business or person at fault for an industrial accident an get compensation for the same bills, the person may have to re-pay the workers' compensation benefit.

Was the other driver manually, cognitively and visually focused?

Wed, 26 Jun 2019 13:11:09 GMT

On behalf of Becker, Schroader & Chapman, P.C.

You're driving along a busy Illinois road when you notice a vehicle veering over the solid yellow line that separates you from the other driver. You lay on your horn in just enough time to alert the other motorist, who then corrects steering and avoids collision. You also couldn't help but notice that he or she appeared to be texting at the time. Distracted driving is a major problem in most states. Even if you are able to avert disaster, it's no guarantee for the next time.

No matter how cautious and alert you are behind the wheel, you may not always be able to react in enough time to avoid a crash. Being able to recognize the underlying causes and factors of distracted driving definitely helps but it can't ensure that you will safely reach your destination every time a distracted driver is in your midst. That's why it's also crucial to know how to seek recovery for your losses if a distracted driver causes you injury.

Distracted driving often falls under three categories

You may have heard someone you know applauding the fact that he or she is great at multitasking. That comes in handy in many ways when life gets busy; however, it's not something you want to be doing while driving. The following list of information regarding possible driving distraction may help keep you and your loved ones safe:

Visual impairment: The time to find a missing item on the floor of your car is not while you're the driver. Gazing at off-road scenes, looking at a GPS device or taking your eyes off the road for any other reason immediately increases your risk for collision. If you learn that a motorist who hits you was texting or otherwise visually distracted, you may have grounds for filing a legal claim to seek recovery for your losses.
Manual distraction: When you learned to drive, your instructor likely told you to keep your hands on the wheel at all times. This is because any type of manual distraction can place you at risk for collision. That includes adjusting dashboard controls or knobs on a radio, lighting a cigarette, or eating and drinking while driving.
Cognitive awareness: The time to mentally rehash the argument you had with your spouse is not while you're navigating a major Illinois highway. Daydreaming or interacting with other vehicle occupants poses cognitive distraction risks that place everyone in the vicinity in danger.

If you learn that the motorist who hit you may have been texting or otherwise distracted while driving, you may wish to pursue legal accountability against him or her in court. Beyond your physical recovery, which hopefully is swift and full, you may also experience undue financial strain due to medical bills or other expenses related to your accident. Illinois law allows you to seek justice through civil litigation.

Overview of workers' compensation benefits in Illinois

Wed, 26 Jun 2019 13:10:19 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Like other states, Illinois has a workers' compensation system that protects Granite City residents and other workers in this state when they get hurt on the job. Incidentally, those of our neighbors who live across the river in Saint Louis, Missouri, and the surrounding suburbs have a system that workers similarly in many if not respects, although obviously there are going to be some differences.

Basically, workers' compensation in Illinois will cover medical expenses and a portion of an Illinois employee's lost wages in the even the worker gets hurt or develops a medical condition in connection with his or her work.

While there may be a few exceptions, such if an employee gets hurt while drunk or high on drugs, Illinois' workers' compensation system is what the law calls "no fault." This means that even if an employer had a safe work environment did what the employer could to avoid an accident, the employer still has to offer workers' compensation benefits to an injured worker.

This rule applies even to injured workers who may have violated a safety rule or bee somewhat careless and, therefore, are to some extent to blame for their own injuries.

Although workers' compensation benefits are relatively easy to get after a workplace accident, the tradeoff is that employers are protected from almost all lawsuits by injured employees trying to get compensation for an employer's negligence.

While the system is designed to be easy for injured workers to use, workers' compensation is still often a complicated maze of regulations and procedures that can make it hard for an already stressed out accident victim or the family.

Medicare won't be as tough on noncompliant nursing homes

Wed, 26 Jun 2019 13:09:26 GMT

On behalf of Becker, Schroader & Chapman, P.C.

As part of its overall effort to deregulate the world of business and medical care, the Trump Administration has announced that it is changes its approach to how the Centers for Medicare and Medicaid Services, or CMS, will fine nursing homes who ignore or otherwise fail to comply with the CMS's standards for the safety and care nursing home patients.

The change is supposed to benefit nursing homes which, generally speaking, have a decent safety record and which are obviously trying to keep their patients safe and healthy. Should there be a safety lapse, even if it results in a serious nursing home injury , the change makes it less likely that the homes will get fined at all.

If they do get fined, then the fine will be as if there were one violation; gone will be the onerous daily fines which could land a nursing home with a bill of several hundred thousand dollars in penalties.

According to the nursing homes and others who either lobbied for or supported this change, the idea behind relaxing the penalties is that it will make nursing homes a little less focused on strictly complying with even the most technical regulations. Presumably, they will be able to focus more on actually helping their patients.

Critics of the change, however, are not so sure, and claim that the move further weakens and already less than stellar enforcement system, meaning nursing homes have a free pass to put patient safety on the backburner.

However one views the change, it is important for Granite City, Illinois, residents to remember that, without regard to whether or how much the government fines a nursing home after a patient gets hurt or dies on their watch, a civil lawsuit seeking compensation from the home is also a legal option for securing justice.

Source: The Hill, " Trump admin rolling back use of fines against nursing homes ," Rebecca Savransky, Dec. 26, 2017.

Injured workers can trust our experience to help them

Wed, 26 Jun 2019 13:08:38 GMT

On behalf of Becker, Schroader & Chapman, P.C.

With its focus on personal injury and workers' compensation cases, our law office has the knowledge and experience injured construction or industrial workers need to get the compensation that they require in order to support themselves following a serious work-related accident.

Illinois workers in a variety of trades who work at all different types of work sites can easily get hurt, or sick, because of the various hazards at their worksites. For example, equipment can fail or malfunction, workers can fall because of a problem with scaffolding, walls and other objects can fall quickly, and there are all kinds of dangerous chemicals and explosives in an industrial or construction environment.

With over 100 years of experience between our attorneys, we are familiar with all of these causes of accidents and also are well attuned to what these sorts of accidents can do to the life of a Granite City resident or other worker in the southern part of Illinois. Because our experience in construction and industry is trusted, we have even been used by large labor unions to investigate accidents.

Our office fights hard to get an injured worker as much compensation as possible so that they can pay for their medical bills and cover their lost wages. We also try to recover compensation for the person's inconvenience and suffering because, although, often misunderstood by the general public, suffering is actually one of the biggest losses associated with an accident.

While workers' compensation laws may limit an employer's liability, we will explore other avenues by which we might be able to collect compensation from another party. For example, we will investigate to see if defective equipment contributed to the accident; if it turns out the answer to that question is yes, we will pursue the manufacturer.

Our office is committed to helping injured Illinois workers get on their feet. In the event a worker has additional questions following an injury, they are free to reach out to us through our website.

Workers injured at Illinois construction site

Wed, 26 Jun 2019 13:07:27 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Several weeks ago, this blog touched on the subject of accidents on construction sites and negligent employers in a general way. Let's turn to a recent example from Illinois to help illustrate how construction and industrial accidents can occur, and what an injured worker may be facing in the aftermath.

The accident occurred on a work site where a pipeline for natural gas was going to be installed. Workers were digging huge trenches for the pipeline. Two workers were approximately 20 feet below ground level when one fell from a ladder, landing on the other one. Both workers suffered serious injuries in the accident.

The injured construction workers had to be lifted from the trench before they could receive treatment. Rescue workers used pulleys and ropes to get them out, which took around 40 minutes. From that point, an ambulance and a helicopter were able to transport them to hospitals.

The accident underscores a simple, yet all too often overlooked, point about working on industrial and construction sites. If it's a difficult or dangerous environment in which to work, it can be a difficult or dangerous effort to extricate an injured worker. Underground work is just one example; working high up on a tall building is the other side of that same coin. Fires, hazardous chemical spills, and electrical wiring all pose similar challenges.

When someone suffers an on-the-job-injury, prompt medical treatment is a must. Delays in obtaining treatment can worsen injuries and complicate treatment, perhaps reducing the chance of a full recovery and a return to work. Worker's compensation is vital to supporting injured workers in these situations. If you have been injured in an accident at work, you may wish to consult an attorney to discuss your options for receiving compensation for your injuries.

Source: Daily Herald, " Firefighters rescue two injured workers from Elgin trench ," Madhu Krishnamurthy, Oct. 20, 2017

When a misdiagnosis is a medical malpractice case

Wed, 26 Jun 2019 13:06:29 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Although Granite City residents and those who live on the Illinois side of the Saint Louis area probably tend to think of doctors as the cream of the crop when it comes to having smarts, medicine is still too much of an unknown for even the best doctor not to make a mistake from time to time. Often, these errors entail not diagnosing a patient's true condition promptly.

On the other hand, when an Illinois patient goes to the doctor, he or she goes with the full expectation that the doctor will get the diagnosis right the first time so the patient can get better. If a doctor's mistaken diagnosis leads instead to a missed opportunity to treat a serious medical condition, or even directly causes a patient to get physically worse, then the patient has every right to be upset and want some justice.

When it comes to misdiagnosing a condition, what separates an understandable mistake from medical malpractice is the process that the doctor followed in coming to his or her conclusions in the first place.

In other words, doctors are expected to use a technique called differential diagnosis after they examine a patient. In lieu of just going with the doctor's best guess as to what ails his or her patient, the doctor must list all possible conditions that the doctor could be observing, although the doctor can and is even expected to rank these conditions in order of likelihood.

Once the doctor develops the list, he or she goes down it, running additional tests until the doctor verifies the patient's true medical condition or rules a condition out as a possibility.

A doctor who carefully follows this process will generally have some leeway for some trial and error. However, if a doctor leaves the patient's true condition off his or her list completely, or passes over it without definitively ruling it out from the list, a patient may have a medical malpractice case.

What is 'proximate cause' in an Illinois personal injury case?

Wed, 26 Jun 2019 13:05:35 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Those who are hurt in accidents, especially those accidents that occur on public roads, often face a tough period of life after the injuries. Between medical treatment costs, the pain and stress of being injured, the time lost from a job, and the expensive and time-consuming process of physical or occupational rehabilitation, it is easy for such victims to give up hope. However, they should remember that, depending on the circumstances of the accident, they may be entitled to compensation for these and possibly other costs.

We have previously discussed the concept of negligence, and the fact that this theory usually plays a large part in personal injury cases based upon injuries suffered in accidents. Readers may remember that we went over several elements of a negligence case. We've touched on legal duty, breach, and the first part of causation (cause-in-fact) in prior posts. In this installment, we will take a very brief look at the second kind of causation that must be present for a negligence suit to succeed: ' proximate cause .'

As we've pointed out before, proximate cause is generally the more complex of the two types of causation. This is partly because cause-in-fact is what most people think of when it comes to an everyday definition of causation. That is, did what the defendant do actually create the circumstances that led to the plaintiff's injury? Proximate cause on the other hand, is a more public policy-driven requirement in which it is asked whether we want to hold the individual legally responsible for consequences that are particularly remote from their actions.

Basically, while cause in fact asks if the defendant caused the injuries, proximate cause asks if those injuries were a reasonably foreseeable result of the defendant's conduct. For example, while it may be foreseeable that running a red light will cause injuries when two vehicles collide, if the wheel of one vehicle rolls down a hill, hits a fireworks stand, causing a fireworks box to fall into a lit grill, and those fireworks ignite, injuring students in a school next to the fireworks stand, the injuries to those children, while being caused by the car crash, may not be of the type for which we want to hold a person responsible, as they may not have been reasonably foreseeable results of the negligent conduct.

Truckers prohibited from texting and driving

Wed, 26 Jun 2019 13:04:42 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Most Granite City, Illinois, residents recognize that texting and driving is dangerous behavior. Someone who is, for instance, talking on his or her cell phone or checking his or her email while driving is obviously not able to pay full attention to that and watching the road. The end result of this ill-advised multitasking could be a serious car crash.

The issue of distracted driving is even more serious when it comes to truckers. If a truck driver takes his or her eyes off the road to text or even make a conventional cell phone call, then his or her large truck will travel for about four seconds, the length of a football field, without the trucker watching the road. Especially when considers the size of a truck, the end result of a driver's not paying attention to what is going on ahead of the truck can be devastating for an innocent Illinois motorist.

For this reason, many truckers are expressly prohibited under federal rules from texting and driving. Additionally, they are not allowed even to make phone calls from their trucks unless they can do so with the touch of a single button. Not following these rules can mean fines or even more serious penalties. Of course, the state laws of Illinois restricting cell phone use and texting and driving apply to truckers as well.

It is important for Granite City residents to know these laws because, in the event of a truck accident, the fact a driver was not following rules and was on his or her cell phone is evidence that the driver was negligent. Thus, the law violation can be brought up in the course of a personal injury or wrongful death lawsuit.

Protect yourself from the most common warehouse accidents

Wed, 26 Jun 2019 13:03:47 GMT

On behalf of Becker, Schroader & Chapman, P.C.

You are part of the foundations of commerce. Your job in an Illinois distribution center keeps the wheels moving and consumers happy. Whether you distribute products to stores, through brick-and-mortar ordering or through online shopping, you deal with the demands of time and money.

With the explosion of online shopping, you are likely busier than ever. Your quotas may be increasing and overtime is always available, but that may also mean your paycheck is growing. Whether that money is essential to meet your needs or socked away for a rainy day, you and your family depend on the steady income. What would happen if you got hurt on the job ?

Safety training is just the beginning

Probably one of the first things your employer did after hiring you was to talk to you about safety. You and your fellow new hires watched videos about forklift safety and went through special training to certify you to use certain equipment. Since everyone goes through this training, you would think your chances of suffering an injury on the job are small. This is not true. Some of the most common injuries to which you may be at risk include the following:

Collapsing pallet racks
Exposure to hazardous materials
Forklift accidents
Slipping and falling

In fact, trips, slips and falls are the most frequent kind of accident in the workplace. Fifteen percent of all fatal accidents occur when someone slips or falls, coming in just behind motor vehicle fatalities.

While falling includes those who work at great heights, a ground level accident may cause an injury that could debilitate you with a back injury, broken bones or a head injury. Such falls can happen for a variety of reasons, including:

Leaving debris or clutter on the floor
Failing to clean up a liquid spill
Poorly lit stairways and halls

You can see how important it is to follow safety protocol and keep the work area clean. The more aware you are of the potential for a workplace injury, the more cautiously you may perform your warehouse duties. However, these things may not always prevent every accident, and as long as you work around large equipment, heavy merchandise and other people, you are always at risk of injury. If you are injured in a workplace accident, it may be helpful to know there are people you can turn to so that your family will be able to manage financially while you recover from your injuries.

What is the 'Jones Act' in Illinois maritime injury cases?

Wed, 26 Jun 2019 13:02:39 GMT

On behalf of Becker, Schroader & Chapman, P.C.

The history of the United States is inextricably intertwined with the sea. From the earliest days, the country depended on ships and those who operate them, both for security and the economic advantage that comes from the ability to ship goods over large bodies of water. While many people may not think of Illinois as a maritime state, it is important to remember that the great lakes are, in fact, inland seas, and have been the center of waterborne commerce for two centuries.

The sailors who ply the open waters of the great lakes do so at great risk, as the location of these bodies of water mean they are susceptible to frequent and violent storms. Working on a ship is dangerous enough, but poor weather can make the situation worse. Laboring on a large hunk of steel surrounded by miles of water while attempting to perform one's duties on a pitching, wet deck is often perilous to the health and safety of workers.

While there were some common law remedies for sailors who suffered injury, such as the doctrine of 'maintenance and cure', the federal Jones Act , passed in the 1920s, extended the ability to sue employers for personal injury. This means that those who work on ships and are hurt in the course of their labors due to some negligence on the part of their employers or coworkers may be able to receive compensation in the same way those hurt on land can.

While working at sea is a difficult and demanding job, requiring those who engage in it to be tough and resilient, they still deserve to have their legal right to compensation protected. The somewhat complicated procedures when dealing with maritime injuries may mean that those Illinois residents in such situations may wish to consider an attorney experienced in handling such cases.

What is duty and breach in an Illinois industrial accident?

Wed, 26 Jun 2019 13:01:29 GMT

On behalf of Becker, Schroader & Chapman, P.C.

We have briefly explored the basics of the concept of negligence in the context of accidents involving motor vehicles. However, the theory of negligence can be used in Illinois in cases above and beyond car wrecks. In the context of an injury related to an industrial accident, for instance, it is quite possible that someone not following the rules, or an employer not being responsible for worker safety in some manner, has led to the situation in which a worker finds themselves seriously injured. In such cases, receiving compensation for their injuries may require a victim to show that the other party had a duty to the victim, breached that duty, and that the breach was both the direct and foreseeable cause of the damage that occurred to the victim.

The first of these above elements, duty, is one of the most important. A legal duty is the responsibility an individual or entity owes to another individual or entity. Usually, this duty requires that the one owing the duty either take an action or refrain from doing so. This duty can be either general or contextual. For example, an employer generally has a duty to maintain a safe work environment for its employees. However, what constitutes 'a safe environment' may vary from industry to industry or site to site, depending on circumstances and personnel.

The main question asked when attempting to determine if a duty was breached in such instances is whether the defendant acted as a 'reasonable person' would have in the same situation. In the case of industrial accidents, this may mean finding out if any safety regulations were violated or if someone involved in the accident didn't follow proper guidelines. It might also mean asking if the employer exercised reasonable care in overseeing a certain place of business to ensure that those stationed there were taking appropriate precautions.

While this may seem simple, negligence cases do not hinge on this one aspect. Whether a legal duty existed and was breached is a foundational part of a negligence case, but causation and proof of damage are also necessary. When it comes to industrial accidents , there may be more than one way to recover compensation, so Illinois residents injured in such incidents may wish to consider speaking with an experienced personal injury lawyer to determine the best way forward.

Source: FindLaw, " Standards of Care and the 'Reasonable Person' ," accessed October 1, 2017

What is 'cause-in-fact' in Illinois personal injury?

Wed, 26 Jun 2019 13:00:20 GMT

On behalf of Becker, Schroader & Chapman, P.C.

The last few weeks, this space has been covering various elements of Illinois negligence cases, as these are the kinds of cases that are most often seen in the context of personal injury . We've covered the basic structure of negligence cases, and the concepts of legal duty and breach thereof. We also touched on the idea of 'reasonable person' in the context of medical malpractice. The next major part of building a personal injury case based on negligence is causation.

Causation in a negligence case as careful readers may remember, is a two-part inquiry in most contexts. Today, we will discuss the first part of this inquiry, known as ' cause-in-fact ' or 'but for' causation. This is usually the simpler of the two types of causation, as it deals generally with determining what are the direct causes of an event or injury.

To prove cause-in-fact, the plaintiff needs to show that if not for the defendant's action (or lack thereof), the plaintiff's injuries would not have occurred. For this part of the causation inquiry, it doesn't matter how many intervening events happened, as long as, without the defendant's negligence, the injury wouldn't have happened. For example, when a car runs a stop sign and crashes into another vehicle, it can be said that the driver of the first car is responsible for the injuries sustained by those inside the vehicle as well as a pedestrian who was passing by and was hit with flying glass. This is because the action of running the stop sign is said to have caused the pedestrian's injuries in this sense, since except for the accident that occurred because of the negligent action of failing to stop, the pedestrian would not have been hurt.

While this type of causation may seem simple, it is important to remember that it is still only one element of the negligence inquiry, and it is sometimes difficult to separate it from the other part of causation, known as 'proximate cause.' We will likely discuss this element in a future post.

Unsanitary hospitals put patients' lives at risk

Wed, 26 Jun 2019 12:59:27 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Sometimes the simplest precautions can be the most important in preventing injury or illness. Wearing a safety belt in a car, putting on sunscreen and eating your vegetables are small acts that can save you from suffering a devastating injury or illness. You may include washing your hands on that list, and you would be right to do so. Unfortunately, even hospitals don't always follow this simple rule of hygiene.

If you recently spent time in an Illinois hospital, chances are you came home sicker than when you went in. This is frequently the case when a hospital staff is not diligent about cleaning their own hands and the surfaces you touch. Such oversights often lead to the spread of C. diff bacteria, which is now the deadliest hospital-related infection in the country.

Where C. diff lives

More lethal than AIDs or staph infections, C. diff spreads easily because it lives on surfaces for months. In fact, if your hospital is not meticulous about cleanliness, you may pick up the bacteria by touching any of the following surfaces:

Your bed rails
The tray where hospital staff places your food
Your wheelchair
A nurse's uniform
The call button beside your bed

Once your hand or eating utensils come in contact with C. diff, it is easy to ingest it by touching your food or putting a contaminated fork into your mouth. The germs soon destroy your body's defenses, potentially causing dehydration and eventually organ failure. This course of events is even more probable if you are taking an antibiotic. If you contract C. diff during your hospital stay, you are 4.5 times more likely to die than a patient who is not infected.

An ounce of prevention

Bleach kills C. diff. It's as simple as that. Wiping down frequently touched surfaces with bleach wipes drastically reduces the chances that someone will contract the bacteria. One study by the Mayo clinic reduced the presence of C. diff by 79 percent simply by wiping the railings on patients' beds every day using a bleach cleanser. Nevertheless, hospitals place their focus on mopping floors and often neglect the surfaces you may touch with your hands.

If you acquired C. diff, a staph infection, E. coli or another illness associated with unsanitary conditions in a hospital , you probably endured untold suffering and anxiety. If your loved one was among the unfortunate 9 percent of patients who die from C. diff complications, you have every right to seek redress through the assistance of a legal professional.

Medical malpractice requires determining 'reasonable care'

Wed, 26 Jun 2019 12:58:20 GMT

On behalf of Becker, Schroader & Chapman, P.C.

The state of Illinois is home to some of the best medical professionals in the country, if not the world. These doctors, nurses, and other healthcare workers, for the most part, do a wonderful job saving lives and caring for the sick and injured throughout the state. Unfortunately, however, no matter how well-trained and dedicated, medical professionals are human, and, as such, are susceptible to making errors, for a variety of reasons. When this occurs, an individual who expected to be taken care of and regain their health may end up suffering further injury and require more treatment or have to deal with permanent degradation of health.

Last week, we discussed the ideas of duty and breach within the confines of a negligence theory in a personal injury situation. One method that is used to determine if a legal duty has been breached given a particular set of facts is to apply a 'reasonable person' standard to those facts. That is, the court will ask whether a reasonable person in the defendant's position would have acted differently, thus avoiding the circumstances in which the injuries occurred. This is generally an 'objective' standard, meaning that it takes into account what a fictitious, average, defendant 'should have known' rather than what they did, in fact, know or see.

Because many medical malpractice cases rely on the use of the negligence theory, how reasonable the defendant's conduct was is very important in such cases as well. However, the standard used is a little different. After all, if it were asked what an average person would do in a medical situation, malpractice would hardly ever be found, as the average person doesn't know the correct course to take in terms of treating healthcare problems. Therefore, medical professionals are held to the standard of 'reasonable care' within the field. That is, what would a person with the same type of training and experience who is a professional do in the same circumstances as the defendant?

Of course, this usually means there will have to be expert testimony to determine what that standard is. Further, whether the medical professional met the standard of care does not necessarily dispose of the case, because if they did not, it will still need to be determined if that breach caused the injury alleged by the plaintiff. As these cases can be very technical, it may be a good idea for those who have suffered from medical malpractice to consider consulting an experienced Illinois personal injury attorney.

What is 'negligence' in Illinois?

Wed, 26 Jun 2019 12:56:11 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Being seriously injured is no fun at all. Unfortunately, many Illinois residents likely have had to deal with the pain and discomfort that comes with having an injury. It can create a feeling of helplessness, lead to expensive medical bills and lost wages at work, and just generally keep a person from living their best life. When such injuries are the fault of someone else, such as the result of a car accident caused by another driver's carelessness, injured individuals may wish to remember that they may have a legal right to compensation.

The most common way for such people to recoup some of what they have suffered is a civil lawsuit to hold the careless individual responsible for the costs associated with the injury. This is often done through the legal theory of negligence . This theory has a long history in English and American law, but while the concepts are somewhat simple, applying them to the facts of a specific case can be complicated.

To prevail in a negligence case, the plaintiff needs to be able to show, through evidence, that a certain number of elements were present in the accident. The first of these is that a legal duty must have existed that was owed to the plaintiff and that duty was breached by the defendant. Also, the breach of this duty must have been both the direct and proximate cause of the injuries or other damage suffered by the plaintiff.

In future posts, we hope to break down these elements into their constituent parts and take a brief look at each and what they mean. In the meantime, those Illinois residents who have been injured due to another's negligence may wish to consider speaking with an experienced personal injury attorney.

Statutes of limitations apply to personal injury cases

Wed, 26 Jun 2019 12:55:13 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Injured in some sort of accident? Was it someone else's fault? If it was, according to the laws of Illinois, you may be entitled to file a personal injury claim in order to seek compensation for your losses.

Honestly, the last thing on most people's minds after getting hurt is filing lawsuits. They want to focus on their recoveries, and they want to start feeling better. It is usually after the initial shock and adjustment period -- and around the time medical bills roll in -- that people start to wonder if they should seek damages through legal means. By all means, take your time to do what you need to do, but keep in mind that waiting too long could result in you missing your chance at seeking monetary relief.

How long can I wait?

Every state has set time limits for how long a person has to file legal claims following an accident. These are statutes of limitations. Wondering why? Well, for one, it is so victims of accidents cannot indefinitely threaten to file lawsuits against those responsible for their losses. Secondly, time limits are set in order to help preserve evidence.

What are the time limits for filing personal injury claims in Illinois?

As it is in many other states, Illinois gives personal injury victims two years from the date of injury in order to file civil claims against the party deemed responsible for their losses. After the two years is up, your legal right to pursue monetary compensation in court will have expired. Of course, it all really depends on how the injury occurred. For example, if an injury resulted from some form of medical malpractice, the victim may have up to four years to bring a claim rather than just two.

When you are ready

A personal injury obviously has physical consequences attached to it but can also cause emotional and financial damages as well. All of these can affect your life now and in the future. They can also affect the lives of your family members.

The financial relief awarded through successful litigation may not solve all of the issues that accompany a personal injury, but it can help you keep your focus on your recovery and not on the economic hardship it has caused you. This alone can go a long way in helping you move forward.

Injured railroad worker keeps $21 million judgment

Wed, 26 Jun 2019 12:54:21 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Workers often face the risk of serious maritime and railroad injuries and exorbitant medical expenses in Illinois. Recently, a state appeals court affirmed a $21 million judgment for a conductor for the Northern Southern Railway Company who suffered a crushed foot in a work-related accident.

The conductor started working for the company in September, 2010. One year later, his left foot was crushed between two railroad cars on the adjacent track of the 51st/55th Street railway in Chicago. The accident occurred when his foot was between a railcar that he was stepping off of and the railcar he was stepping onto.

The conductor sued the railroad under the Federal Employer's Liability Act for negligence. A jury in Cook County found that the conductor's actions were not negligent when he was injured. He was awarded $19 in damages and $1.5 million for lost earnings.

After denying various motions filed by the railroad after the trial, the judge reduced the lost earnings award. The conductor accepted the lower total judgment of $21.4 million in Spring 2016. The railroad then appealed. The appeals court denied the railroad's argument that the conductor's negligence played a role in the accident. It found that the worker's conduct was normal for rail yard workers.

It also rejected arguments that the jury received improper instructions. At trial, the judge said that the railroad was not harmed by instructions that the worker did not assume the risk of an accident by his employment or on conflicting evidence about the position of the tracks. The appeals court also ruled that the railroad did not cite controlling federal cases to support its argument that a disability award was not authorized by FELA.

The appeals court also denied the railroad's request to lower the damage award by $10 million because the worker was 34 years old during the trial, may have to undergo surgery every four or five years for the remainder of his life and that his pain and suffering will grow. The court could not determine that the judgment was unreasonable, that the award stemmed from passion or that the judgment was biased or unconscionable.

Railroad accident victims may be entitled to compensation for the injuries that they suffer. An attorney can help them obtain evidence, fight for their rights in trial and deal with the numerous legal obstacles that arise in litigation and appeal.

Source: Cook County Record, " Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job ," Scott Holland, Aug. 30, 2017

Help for nursing home and medical malpractice cases

Wed, 26 Jun 2019 12:53:12 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Residents of Granite City, the eastern suburbs of Saint Louis and all of southern Illinois put a lot of trust in medical providers like doctors, hospitals, and nursing homes. In many cases, they quite literally put their lives in the hands of these people, trusting that they have the competence and willingness to protect and preserve their health.

Unfortunately, these professionals do make serious mistakes sometimes, and these mistakes can have terrible consequences for a patient and his or her family. In some extreme cases, these people engage in behavior that is more than a mistake; it is outright recklessness or even intentional abuse.

Whatever the motivation, these sorts of errors are emotionally and financially costly to the victim and the victim's family, and they deserve compensation for these losses. Having over 100 years combined experience in helping victims get compensation, we have learned how to focus our efforts on making sure our clients get all of the compensation to which they are legally entitled.

We have handled many different types of nursing home negligence cases. For example, we have represented clients who have suffered from bedsores, malnutrition or as the result of an error in administering medication. We also have represented clients and less obvious negligence cases, such as when a nursing home does not secure the facility properly.

On the medical malpractice side, we have represented clients who were misdiagnosed and suffered an injury as a result as well as clients who have suffered because of mistakes made in surgery or the administration of medication, including anesthesia. We have also represented parents who have had the misfortune seeing their newborn hurt because of a doctor's negligence.

Workers' compensation: older workers deaths rising

Wed, 26 Jun 2019 12:51:39 GMT

On behalf of Becker, Schroader & Chapman, P.C.

An older workforce may impact workers' compensation in Illinois. Although workplace accident deaths have generally dropped, deaths of older workers from a workplace injury accident are on the rise.

According to the Associated Press's analysis of data from the U.S. Bureau of Labor Statistics, workplace deaths among all workers fell from 5,480 in 2005 to 4,836 in 2015. Deaths among older workers, however, grew slightly from 1,562 to 1,681. The number of older worker in the general work force rose by 37 percent during that period.

Approximately 35 percent of workplace fatalities involved a worker who was at least 55-years-old in 2015. Among older workers, there was a 20 percent rise in fall-related deaths, a 17 growth in fatalities from contact with objects and equipment, a 15 percent increase from transportation accidents and an 8 percent drop in fatalities caused by fires and explosions.

The federal government estimated that older workers will comprise 25 percent of the labor market by 2024 as they work beyond the customary 65-years-old retirement age. Although all workers need additional protections, gerontologists and experts argue that certain conditions should be addressed for older worker. These include vision that decreases over time, diminishing hearing, slower responses, more difficulty with completing physical tasks and long-term muscle or bone conditions such as arthritis.

In 2015, Illinois had a fatal accident rate for older workers of 4.5 for 100,000 workers. This was 60 percent higher than fatal accident rates for all workers in the state.

One deadly accident included a 56-year-old worker who fell 25 feet while working in a produce company on Chicago's South Side after he went to retrieve an item for a delivery driver and made a wrong turn. A union official sad that he was not wearing a safety harness. The U.S. Occupational Safety and Health Administration fined the employer for not providing workers with the necessary safety training.

A work accident victim may want to seek prompt legal assistance, to ensure that their rights to compensation are protected. A lawyer can help determine whether there were unsafe working conditions and hold employers liable if appropriate.

Source: Claims Journal, " Older worker fatalities higher than all other age groups ," Maria Ines Zamudio and Michelle Minkoff, July 31, 2017

What's time got to do with it? (Railroad injury risk, that is.)

Wed, 26 Jun 2019 12:50:33 GMT

On behalf of Becker, Schroader & Chapman, P.C.

You may be one of many Illinois train lovers whose childhood dream was to one day work on a railroad. Perhaps, you also always enjoyed fixing things; thus, a career in railroad maintenance was the perfect choice for you. It's no secret railroad jobs are among the most dangerous in the nation. You may be surprised to learn, however, that studies suggest the time of day you work may also increase (or decrease) your risk for injury on the job.

From 1997 through just a few years ago, there were nearly 16,000 serious railroad worker injuries reported . It's logical to assume that if you work outdoors, near or on train tracks, you'll typically encounter more potential hazards than someone sitting behind a desk in an office all day. A key factor in avoiding injury is adherence to all safety regulations. Beyond that, understanding the apparent connection between time of day and risk for accidents might also help.

Beware the risks for injuries on the railroad

Are you a morning person; or, do you always try to get the night shift because you love being outdoors under moonlight when things are less busy and quieter? You may not even have a choice when it comes to scheduling, but keeping the following stats in mind may help you avoid injury:

Night shifts most risky: FRA studies show that working on a railroad maintenance crew at night includes the greatest risk for injury. It makes sense since visibility is diminished in the dark.
Early morning not much better: Although injuries may be non-fatal, odds soar above 9:1 for injury risks if you clock in just after dawn breaks.
Fatigue a major factor: One of the crucial issues that may increase your risk for injury at night on the railroad is lack of sleep. It's natural to feel tired at night and this seems to play a significant role in risk for accidents resulting in injuries.

Your employer may find it necessary to schedule the maintenance work you do at night as there are typically less trains, people and activity on railways during such hours. Your employer is also obligated, however, to provide proper training and appropriate safety equipment to keep you and your co-workers safe on the job. The Federal Employers' Liability Act allows you to take legal action against a negligent employer if you suffer injury in a railroad accident deemed preventable.

Many Illinois railway accidents are fatal. Even though you survived your injury, you may have a partial or full disability that prevents you from returning to work. It's understandable to feel frustrated (or even angry) after learning you may have avoided the whole situation if your employer had adhered to safety regulations. Other recovering railroad accident victims have found it helpful to seek effective representation as they attempt to recover their losses in court.

Maritime and railroad injuries require different approaches

Wed, 26 Jun 2019 12:49:39 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Those who choose a profession working on the water or railroads usually have a different approach to life and their daily duties. The fact that they also have different protections on the job is another way that they differ. The Jones Act is likely the most distinct difference in the protections that apply to a marine worker who suffers a work-related injury. Illinois residents who have suffered maritime and railroad injuries still have the right to file injury claims.

Marine workers have the Merchant Marine Act of 1920 -- commonly referred to as the Jones Act -- which was enacted as a way to protect those who spend a minimum of 30 percent of their working day in or on a vessel that is capable of traveling along navigable waters. This act was needed to protect injured marine workers since they do not qualify under the workers' compensation program for most land-based employees. The vessels that are covered by this act are those that are typically used for commercial purposes, though these ships are sometimes commissioned for military use in certain circumstances.

The Jones Act stipulates that an injured marine worker can file a claim against his or her employer even if the injury was only partially the fault of the work environment. For instance, if an employee were to trip or fall over an obstacle that is out of place and the worker suffered a serious injury, then he or she could decide to file a claim against the employer. Other scenarios that could lead to a serious injury are improperly trained crew members, inadequate or poorly maintained machinery or equipment, and even an assault by a fellow employee.

Unlike typical workers' compensation claims, the Jones Act allows injured workers to sue their employers to recover any damages they incurred, and the requirements for proving negligence are not as stringent. However, the process can be complex and challenging, which is why having an attorney on one's side can make all the difference. Illinois residents who have suffered from maritime and railroad injuries and may be unsure how to proceed or encounter difficulties during the process may consult an experienced injury attorney in order to have the process handled as efficiently and timely as possible.

Source: FindLaw, " The Jones Act and Merchant Marines ", Aug. 14, 2017

Jury awards record personal injury verdict

Wed, 26 Jun 2019 12:48:34 GMT

On behalf of Becker, Schroader & Chapman, P.C.

A personal injury lawsuit can seek compensation for expensive losses from another person's negligence or recklessness. A jury recently awarded $148 million in what is believed to be the largest verdict ever in a Cook County personal injury case.

The verdict was awarded against the City of Chicago for injuries that a former dance student suffered when a pedestrian shelter at Chicago's O'Hare Airport fell on her during the afternoon of Aug. 2, 2015. Her spinal cord was severed and she is now paralyzed from her waist down.

A storm approached the area the plaintiff and two other women were standing and waiting for a ride. The shelter shook loose and fell on the plaintiff. It was ultimately determined that the shelter had missing bolts. An investigation of other shelters at the airport disclosed that they were improperly maintained because of missing bolts, broken brackets or other corroded parts. These shelters were later removed.

The City argued that the plaintiff was entitled to an award of $34 million, while her attorneys sought up to $174 million at trial. Earlier, the City admitted liability but was willing to settle for $30 million, while the plaintiff demanded $95 million before the trial.

Much of the trial concerned whether a spinal cord stimulator device could sufficiently treat her lifelong nerve pain from the atypical injury to her spinal cord. The jury agreed with expert testimony that pain relief may be unavailable and granted an award sufficient to pay for medical bills. The trial lasted seven days, but the jury deliberated for only four hours. Before leaving the courtroom, jurors hugged the plaintiff.

Until this case, the record judgment in Cook County was a 1991 verdict of $128 million. The recent award is almost three times the highest jury verdict against the City. The City has not announced whether it will appeal. It is insured for up to $500 million.

Victims of catastrophic injuries, in addition to medial and personal obstacles, face the struggle of seeking compensation for their losses. An attorney can help them obtain proof of their case.

Source: Chicago Tribune, " Jury awards her $148M, but woman says O'Hare bus shelter collapse took away 'my life' ," Steve Schmadeke, Aug. 25, 2017

Chicago bulk storage operator cited for chemical emissions

Wed, 26 Jun 2019 12:47:22 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Risks of personal injury come from many causes in Illinois. These include causes that are not visible to the naked eye, such as exposure to toxins and chemicals.

In late July, the Environmental Protection Agency released data stating that a bulk storage operator on Chicago's Southeast Side had exceeded federal government thresholds for toxic manganese dust emissions. These findings came from air monitors at the company. The EPA also issued a violation notice against the operator for excessive emissions that violated the Clean Air Act. The company must respond to these charges within 30 days.

Manganese is a metal that is used in steel manufacturing. At higher exposures, it can impact brain and motor functions. It can also cause neurological symptoms that are comparable to Parkinson's Disease.

Regulators first detected potentially dangerous manganese dust levels near the operator's bulk store facility along the Calumet River last summer. The EPA required the company to monitor these emissions, which ultimately revealed that it had exceeded federal standards.

The EPA release of this data was the first time the agency located average manganese concentrations that exceeded standards. Almost 20,000 people, including 6,000 children, live within one mile of the facility, which is in a neighborhood comprised of predominately low-income and minority residents.

The company said that the hotter summer weather generated dust from various sources, including metals that are not from its products. It is still conducting monitoring and expects that manganese levels will register below minimal risk levels.

Victims of these types of exposures may be entitled to compensation for medical expenses and other losses. An attorney can help victims obtain evidence and pursue their rights in a lawsuit.

Source: WTTW, " EPA Cites S.H. Bell for 'Excessive Manganese Emissions' in Chicago ," Alex Ruppenthal, Aug. 7, 2017

Brakes put on sleep testing rule

Wed, 26 Jun 2019 12:45:59 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Regulations intended to prevent many maritime and railroad injuries are, in many cases, not issued until accidents occur and their causes are studied by agencies, such as the National Transportation Safety Board. A recent federal government decision, however, has blocked belated but necessary measures to prevent accidents caused by sleep apnea.

Proposed rules requiring railroads and trucking companies to test workers for obstructive sleep apnea were withdrawn by the Federal Railroad Administration and the Federal Motor Carrier Safety Agency in early August. Sleep apnea was the suspected cause in two accidents including a catastrophic Hoboken train that crashed into a station that claimed one life and caused 108 injuries.

Sleep apnea is a long-lasting condition that reduces sleep quality and leads to daytime fatigue and drowsiness. The National Institute of Health has found that this condition is often undiagnosed.

It can cause a person to unintentionally fall asleep and lowers attention, concentration, memory and awareness of a person's situation. The FMCSA and the FRA said that sleep apnea diminishes the ability to safely respond to dangers.

However, these agencies stated that sleep apnea testing would not be mandatory and reversed their March 2016 proposal. The FMCSA and FRA only urged trucking and railroad companies to screen truck drivers, train engineers and other employees engaged in safety-sensitive activities for sleep apnea. This screening would be purely voluntary.

The testing requirement was first proposed after the derailment of a Metro-North commuter train in New York in Dec. 2013. The train jumped the tracks when it was traveling 82 mph on a curve where the speed was limited to 30 mph. The NTSB determined that the engineer had sleep apnea that was undiagnosed.

Sleep apnea is also suspected in the fatal Hoboken railroad crash in Sept. 2016. A New Jersey transit commuter train crashed through a barrier placed at the end of the tracks when it was traveling twice the proper speed. The train's engineer was later diagnosed with sleep apnea. The NTSB must still issue its crash findings.

Train accident victims and their families may be entitled to compensation for medical expenses, catastrophic injuries and wrongful death. An attorney can help pursue these rights when a railroad is negligent and responsible for these accidents.

Source: NorthJersey.com, " Trump withdraws sleep testing rule for trucking, railroad employees ," Curtis Tate, Aug. 5, 2017

Workers' compensation changes debated

Wed, 26 Jun 2019 12:44:31 GMT

On behalf of Becker, Schroader & Chapman, P.C.

In return for approval of large taxes increases in Illinois, Governor Bruce Rauner asked the General Assembly for workers' compensation reform to control costs in a special legislative session. Illinois manufacturers and businesses are charged the highest workers' compensation costs in the Midwest and the eighth highest in the nation.

The General Assembly already passed two Democratic-sponsored bills in the spring session. These are being sent to the governor.

One measure would create rate review. Government would conduct oversight of insurance companies and the rates charged to businesses and manufacturers.

Democratic lawmakers claim that hundreds of insurance companies in Illinois artificially raise business premiums, which makes the state's workers' compensation rates the highest in the Midwest. Insurance companies deny that they engage in this activity, which they consider illegal.

Their second bill creates a public insurance company to compete with the 300 insurance companies in this state. This company would be funded with $10 million in public funds.

Republicans and business organizations labeled these measures as artificial reforms, which would not reduce workers' compensation costs. They blamed workers' compensation costs for the loss of 300,000 manufacturing jobs in Illinois since 2000 even though other midwestern states had increases in these jobs.

One cost-containment proposal, supported by Republican lawmakers, would create a Medicaid fee schedule with rates limits surpassing Medicaid levels but that are more consistent with rates in other states. Their measure would also place controls on prescription costs. Proponents claim that this would save employers $120 million each year. This measure has not been brought for a vote.

Manufacturers and business groups also support introduction of a measure requiring a causation clause that would allow employers to challenge whether a worker suffered a work-related injury. This was not part of any reform measure in the legislature because of strong Democratic opposition.

A work accident victim should seek legal representation to help ensure that their right to compensation is protected. An attorney can help ensure that injured workers can utilize the laws to obtain deserved workers' compensation benefits and fight against employer's defenses.

Source: Illinois News Network, " Lawmakers debate competing workers comp measures during special session ," Dan McCaleb and Greg Bishop, June 24, 2017

Seamen: Are you covered if you get hurt in an offshore accident?

Wed, 26 Jun 2019 12:43:14 GMT

On behalf of Becker, Schroader & Chapman, P.C.

You love being near the water—it’s soothing, calm and there is something very peaceful about it even when you are in the midst of hard work. Away from the land, you feel invigorated. That’s why you work on offshore rigs and barges. Anyone can work on the land, but you enjoy the camaraderie and satisfaction that comes from working closely with others who share your love of the outdoors.

For landlubbers who are hurt on the job, workers’ compensation exists to cover any workplace injuries. With workers’ comp, an individual can receive lost wages and medical care, but cannot file a separate lawsuit for pain and suffering or other personal injury claims.

How does it work on the water?

Workers’ comp does not cover employees who work on the water. So, if it doesn’t cover you, what does?

In 1920, the U.S. government codified the Merchant Marine Act—more commonly known as the Jones Act. The act covers maritime employees who spend at least 30 percent of their work hours on a “navigable vessel.”

This means a boat, ship or barge that is capable of moving, on the water and operational. It does not necessarily mean a vessel that is moving. A boat that is docked may still meet the qualification and, therefore, time worked while the vessel is being loaded or maintained can still be considered time toward the thirty percent requirement.

What can I get?

There are many different ways you can recover damages if you are hurt while working on a sea-going vessel. One of the most straightforward is “maintenance and cure.” This is the equivalent of workers’ compensation and includes a daily allowance to cover, among other things, lodging, meals and medical expenses.

What if there was negligence on the part of my company?

Maintenance and cure is fairly straightforward and easy to prove, although often the benefits are low and may not actually cover basic living expenses. An attorney skilled in maritime law can often help negotiate a larger payment for maintenance and cure.

But what if your injury was caused by negligence on the part of the ship’s officers or owners? Can you recover damages for a permanent injury caused by someone’s disregard for your safety?

The answer is yes. Where workers’ compensation precludes such suits, the Jones Act allows you to hold an employer liable when their neglect causes you injury or illness. Some of the more common reasons for initiating such a suit include safety issues, poorly trained staff and substandard maintenance of a vessel

Product liability lawsuits require extra planning

Wed, 26 Jun 2019 12:42:10 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Consumers can face long-term consequences such as medical expenses or lost wages when a defective or malfunctioning product injures them. These have been publicized in personal injury or product liability lawsuits involving Takata airbag failures and GM's defective ignition lawsuit.

However, filing a lawsuit for compensation in these cases requires extra consideration. Product liability cases generally have two goals. First, the victim should receive compensation for injuries and other losses resulting from the defective product. Next, the manufacturer, seller or other responsible must be held accountable for making the harmful product.

Similar products such as drugs, medical devices and consumer products have repeatedly failed. However, the harm suffered and the product defect may be different for each case.

A lawsuit filed in Illinois may follow different procedures and require different elements of proof than an action filed in other states. Each victim may suffer different harm or injuries. This may also lead to different levels of compensation for medical expenses or fixing or replacing the defective product.

Significant evidence and proof is needed once a lawsuit is filed which may differ in each case. These generally include receipts or other proof of purchase for the defective item, original warrantees or guarantees that accompanied the product and the defective item that was purchased.

Plaintiffs should attempt to locate the product's technical details such design documents and plans. Witnesses and other experts may also provide interviews, statements or testimony under oath in depositions.

Medical records and a doctor's medical diagnosis are also important. For compensation, bills and receipts for medical expenses and other expenditures should be located.

An experienced lawyer can help victims of a defective product locate evidence and present a case proving that the product malfunctioned and the losses that were incurred. A properly prepared lawsuit can help assure that the verdict provides compensation covering these losses and holds the manufacturer and other responsible liable for the product's defects.

Source: Product Safety News, " A look inside product liability lawsuits: Consultation ," By Curtis Weyant, June 30, 2017

Prescription drug use can cause a car accident

Wed, 26 Jun 2019 12:40:56 GMT

On behalf of Becker, Schroader & Chapman, P.C.

Impaired driving in Illinois is usually considered as driving while under the influence of alcohol or illegal drugs. However, taking prescription drugs, while considered routine and proper, may also lead to personal injury in an auto accident.

Most drivers are aware that the legal limit for alcohol across the country is 0.08 percent BAC. However, it is also illegal to drive after taking certain drugs. For example, drivers can operate a vehicle after ingesting a Schedule I controlled substance such as heroin or methamphetamine.

However, a motorist may unsafely drive under the influence of prescription drugs. It may not necessarily illegal to drive after taking these substances. However, these drugs may jeopardize the ability to safely operate a vehicle.

Painkillers containing oxycodone are known to be a potential problem for drivers. The U.S. Food and Drug Administration (FDA), however, also found that other prescription drugs may impair driving.

These include prescription drugs taken for anxiety, certain antidepressants, drugs containing codeine, some cold and allergy drugs, tranquilizers and sleeping pills. The FDA also cited certain diet pills, drugs marketed to keep users awake and medications containing stimulants such as caffeine, ephedrine and pseudoephedrine.

Impairment may be compounded when these drugs are combined with each other or with alcohol or inhalants. Abusing these drugs or not taking them as directed also increases this problem.

These drugs have varying effects on drivers who may process chemicals differently. Therefore, it is important to follow the instructions that accompany the prescription and not drive if the motorist feels any effect after taking a drug.

Any impairment that slows reaction may be deadly. It typically takes a motorist three-quarters of a second to recognize danger and another three-quarters of a second to timely react. A vehicle driving at 55 mph travels 120 feet in 1.5 seconds.

A car accident victim may be entitled to compensation for a collision caused by another impaired motorist who is driving unsafely or even illegally on prescription drugs. An attorney can help ensure that evidence is located and that their rights can be pursued in a legal action.

Source: Gaylord Herald Times, " Some prescription drugs increase risk of driving disasters ," Steve Zucker, July 17, 2017

Inexpensive fix to semi-trucks may save lives in car accidents

Wed, 26 Jun 2019 12:39:33 GMT

On behalf of Becker, Schroader & Chapman, P.C.

A personal injury case in Illinois involving a truck and car often involves victims suffering catastrophic injuries and even death. Results may be tragic when an 80,000-pound truck collides with a passenger vehicle. Truck guards, a relatively simple and inexpensive device that prevents cars from being wedged underneath the truck, can help save hundreds of lives in this country from these accidents. But, as of right now these truck guards have not been mandated.

Approximately 301 vehicle occupants were killed in car accidents involving tractor-trailers when their cars crashed into the side of trucks in 2015. The Insurance Institute for Highway Safety estimated that half of all deaths in cars crashing into trucks involved cars hitting the side of the truck trailer.

A public safety advocate claimed that there were over 1,500 fatalities in these types of accidents between 1994 and 2014. In fact, the actress Jayne Mansfield was killed in one of these accidents as far back as June 1967.

Trucks are now equipped with front and back-mounted guards to protect vehicles from rolling up beneath the truck in head-on accidents. However, a car striking the side of the truck can rip off the top of the smaller vehicle. Seat belts or air bags cannot protect a car occupant in these collisions.

Trucks sometimes have fragile fiberglass sideguards which are intended only to lower wind resistance. Existing rear underride guards are based on considerations from the 1980s, and are also insufficient. However, efforts to require upgrade these guards and other safety improvements such as speed limiters have been unsuccessful and fought by the trucking industry.

Advocates argue that the industry should adopt the National Highway Traffic Safety Administration 2015 proposal requiring devices designed, in line with the stricter standards found in other countries. These call for guards that are stronger, bigger and placed on the sides of the trucks. Estimates place the costs of these guards at only $50 to $100 per truck.

More than 4,000 people were killed in accidents involving large trucks in 2015. These crashes cost an estimated $112 billion in 2014.

Because there are delays in implanting measures to prevent these crashes, victims of semi-truck accidents may want to seek legal assistance. An attorney can help determine whether a victim or their family can pursue their rights in a legal action.

Source: The Baltimore Sun, " Truck trailers can (easily) be made safer ," July 12, 2017

Beyond the physical suffering of a motor vehicle accident

Wed, 26 Jun 2019 12:37:48 GMT

On behalf of Becker, Schroader & Chapman, P.C.

It may surprise you to see people walk away from an automobile accident with barely a scratch despite the massive damage done to their vehicles. On the other hand, it is common for someone to suffer catastrophic injuries from an accident that results in very little property damage.

Despite improved safety features and regulations to reduce highway hazards, accidents happen. If you are the victim of a motor vehicle accident , you know firsthand how devastating they can be.

Common injuries from car accidents

While the consequences of every accident are different, statistics show that some injuries are more common than others are. Cuts and scrapes from sharp edges of broken windows as well as bumps and bruises are injuries emergency responders frequently treat on the scene. However, the more serious injuries seen by emergency room physicians include the following:

Damaged limbs : This includes broken or crushed bones, sprains, torn ligaments and dislocations.
Injuries to the mid-section : Whiplash affects your neck and back, or you may have suffered a broken rib. More serious injuries may include fractures in the spine or neck that can result in paralysis.
Internal injuries : The most commonly damaged organ in a car accident is the spleen, but any of your organs may suffer injury from the impact.
Head injuries : From a bump on the side of the head to a traumatic brain injury, the symptoms of a head injury may not present themselves at first, so obtaining medical treatment as soon as possible after an accident is always your first priority.

You may also suffer emotional trauma, called post-traumatic stress disorder, for years after an accident. This may be especially pronounced if you lost a loved one in the accident. PTSD may be serious enough to require professional medical or psychological help.

As you can see, the damage that results from a car accident is not limited to physical suffering. You may be experiencing emotional trauma as well as financial struggles. Dealing with medical bills, the cost of prescriptions and time lost from work while you heal can only add to the stress and frustration of your recovery . Many in Illinois find that after a car accident, their lives are never quite the same. However, by seeking legal assistance, they may be better able to cope with their pain and suffering.

Railroad accidents involving cars are more common than you might imagine

Wed, 26 Jun 2019 12:36:18 GMT

On behalf of Becker, Schroader & Chapman, P.C. posted in Personal Injury on Friday, June 30, 2017.

While most people might not even realize it, chances are good that their normal routes to and from work, school, the store and other common destinations will take them through a railroad crossing.

Indeed, statistics show there are upwards of 200,000 miles of railroad tracks and 211,600 at-grade highway-rail crossings in the U.S. Breaking these numbers down further, there are over 7,300 miles of track and 7,674 public crossings here in Illinois.

Given these figures and the sheer number of motorists on the roads and highways, one might conclude that there is a slightly elevated risk of railroad accidents involving vehicles.

As it turns out, it's far more than a slightly elevated risk.

How common are railroad accidents involving vehicles?

Figures from the public education initiative Illinois Operation Lifesaver show just how common railroad accidents involving vehicles actually are:

2016 saw 2,025 highway-rail grade crossing collisions with 67 percent of these collisions occurring in just 15 states
265 people lost their lives in highway-rail grade crossing collisions in the U.S. in 2015
22 people lost their lives in highway-rail grade crossing collisions in Illinois in 2016, the third highest in the nation
3 hours is the average amount of time that passes between incidents involving vehicles or pedestrians being struck by trains

What else do I need to know about railroad accidents involving vehicles?

As if the above statistics weren't alarming enough, consider the following:

Half of railroad accidents involving vehicles take place at crossings with active warning systems (crossing arms, lights, bells, etc.)
Vehicle occupants are 40 times more likely to lose their lives in a collision with a train than a collision with another vehicle
A train traveling at 55 miles-per-hour must travel the equivalent of 18 football fields to come to a complete stop
Most railroad accidents involving vehicles take place when the train is traveling at less than 30 miles-per-hour

Don't most railroad accidents involving vehicles occur because drivers are reckless, meaning they drive around gates, ignore bells, etc.?

While it's true that many accidents can be attributed to reckless actions by motorists, it's also true that many accidents occur because of things like malfunctioning warning systems, or negligence on the part of the conductor or railroad company.

What can motorists do to protect themselves?

Some simple steps motorists can take to protect themselves include:

Observing and obeying all signs and warning systems
Crossing tracks only at designated crossings
Assuming that tracks are in use, even if they've never actually seen a train
Understanding that modern trains are much quieter

If you've been seriously injured or lost a loved one in any sort of auto accident involving a train, consider speaking with a skilled legal professional to learn more about your rights and your options.

United Steel Workers' Scholarship Fundraiser

Fri, 24 May 2019 21:19:50 GMT

Becker, Schroader & Chapman, P.C. was proud to support the recent United Steel Workers Scholarship Fundraiser. Arlington Greens golf course hosted a fun golf scramble and it was great to see a huge turnout for a good cause. Our firm has a long, established tradition supporting organized labor and causes like the Scholarship Fund. We provide discounted fees for union members and their families for all claims: workers' compensation, automobile accidents, even wrongful death cases. We have handled cases for workers in numerous trades and have performed accident investigations in plants, mills, factories, terminals, and warehouses. Our pro-labor stance is so important to us that, unlike our competitors, our employees belong to the Teamster's union and are governed by a collective bargaining unit. If you or someone you know needs some legal advice, we are here to help.

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