When an employee is injured while on the clock while performing their job duties, they usually have a clear-cut case for workers’ compensation. But what about employees who are injured on company property or while on work-related travel, but not actively performing their job duties? The good news is that in some cases, employees may be entitled to receive workers’ compensation for injuries that happened “off the clock.” If you were injured on company premises, or while traveling for work, contacting an attorney is a smart move. Workers’ compensation claims for off-the-clock injuries are often wrongfully denied - involving an experienced attorney from the start gives you the best chance of receiving the workers’ compensation you deserve.

When Can I Get Workers’ Compensation if I Was Hurt on Company Premises?

Just because you were not actively working when you were injured does not mean you are not eligible for workers’ compensation. You may be eligible for workers’ compensation if you were injured:

• In employee parking - If your employer maintains a parking area at your workplace and you are injured while entering or leaving, you may be eligible for workers’ compensation. Common causes of injuries in employee parking areas include falls due to holes in the pavement or other tripping hazards and even some car accidents. However, if you parked in an area that your employer does not control, such as a public parking garage, you will not be eligible for workers’ compensation.
• While on break - If an unsafe condition in a break room or cafeteria caused your injury, you may be eligible for workers’ compensation even though you were not technically working. For example, if a break room appliance was leaking and you slipped and fell in the puddle, you are probably covered.
• On the premises before or after your shift - If you were injured while entering or leaving your workplace, you may be covered even if you were not on the clock. In large workplaces, such as factories or hospitals, employees are sometimes injured while walking through the facility on the way to or from their particular workstation. For example, a factory worker may be injured when machinery placed dangerously close to a walkway catches his sleeve.

Can I Get Workers’ Compensation if I Was Hurt During Business Travel?

In many cases, yes. Workers’ compensation covers a range of injuries that occur during business travel. Because you would not have been traveling in the first place if your employer had not sent you, you could receive workers’ compensation even if you were not actively engaged in a work-related activity while traveling. This can include injuries that occurred while traveling, in your hotel room, or in some cases, during an excursion such as local sightseeing.

Slip and falls are a fairly common type of accident that may result in a negligence claim. Injuries from slip and fall accidents can be severe and have a major impact on your life. Proving that the owner or tenant of the place where you fell was negligent is necessary to recover damages, but can be difficult in some circumstances. If you were hurt in a slip and fall, it is very important that you contact a qualified attorney as soon as possible after the accident so that evidence can be preserved.

What Must be Proven in a Slip and Fall Case?

You and your attorney will need to prove that the person in charge of maintaining the property was careless. This involves proving that this person knew about the dangerous condition that led to your injury and failed to act. Often, the dangerous condition that caused your fall was temporary - such as the classic example of a spilled liquid on the floor. This is why timing is so important. The person responsible for the premises often cleans up the spill or otherwise remedies the dangerous condition very quickly after an accident.

Additionally, you and your attorney will need to prove that the responsible person knew (or should have known) about the dangerous condition. If you cannot prove that the responsible party was aware (or should have been) of the danger, you may not be able to recover. For example, a grocery store manager may argue that she and her staff were not aware of a spill that happened shortly before you slipped on it.

We usually hear about amusement park injuries when a catastrophic accident occurs on a roller coaster or other thrill ride. However, most amusement park injuries do not make the news. If you or a loved one were hurt in a slip and fall accident, swimming pool accident, or another accident caused by unsafe conditions at an amusement park, it is important to explore your legal options. You may be facing steep medical bills and other financial consequences because of your injuries. A premises liability claim against the amusement park may allow you to recover compensation.

Injuries at a Fair, Carnival, or Amusement Park

For many, visiting a carnival, amusement park, or other outdoor festivities is the best part of summer. However, an unexpected accident can turn a fun outing into a trip to the emergency room. The owners and managers of amusement parks, water parks, and carnivals are expected to keep the premises in a reasonably safe condition. When an unsafe condition causes a patron to be injured, the facility may be liable for damages.

Examples of unsafe conditions that could lead to an amusement park injury include:

Being involved in an injury-causing car crash is traumatic regardless of the circumstances. However, accidents involving more than two vehicles are often especially chaotic. In a multiple-vehicle collision, it can be hard to understand how the accident started and what each driver’s role in the accident was. This can make car accident injury claims even more difficult to navigate.

Many pile-up accident victims have questions about who is legally at fault for the crash. They also worry that they may be blamed for causing or contributing to the crash if their vehicle struck another vehicle during the hectic accident. If you or a loved one were in a chain-reaction car crash, pile-up, or a crash involving three or more vehicles, it is highly recommended that you contact a skilled car accident lawyer for help. Your lawyer can investigate the cause of the crash, protect your rights, and help you pursue compensation for your damages.

Disputes Over Liability in a Multiple-Car Accident

Many car accidents involving multiple vehicles become cases of he-said, she-said. Drivers may underestimate or outright deny their contributions to the accidents. Determining liability or fault for a car crash involving multiple vehicles is often a complicated process that involves the expertise of several different professionals. Accident reconstructionists often work closely with car accident lawyers in cases such as these. The car accident reconstruction expert may use evidence from the crash site, vehicle damage, and a deep understanding of physics to reconstruct how the accident unfolded. In some car accident injury cases, accident reconstructionists act as expert witnesses who provide sworn testimony about what they believe happened during the crash.

Whether a work injury is caused by repetitive motion, a sudden workplace accident, exposure to disease-causing substances, or other circumstances, the results can be life-changing. Many people who suffer a work-related illness or injury are unable to work and earn an income while they recover. They are also faced with considerable medical costs. Workers’ compensation is intended to cover expenses resulting from a work injury. However, some workers’ compensation claims are denied. If your workers’ compensation claim was denied, read on to learn about your legal options.

Reasons for Workers’ Compensation Claim Denials

Injured workers must follow certain procedures to be entitled to compensation through their employer’s workers’ compensation insurance. For example, workers must report the injury and submit the correct paperwork within a certain time fame. Independent contractors and people who are self-employed are not eligible for workers’ compensation. Workers may also be denied compensation if the injury does not warrant medical treatment or time off work.

However, not every workers’ compensation claim denial is justified. If an insurance company or employer denies an injured worker’s claim, the worker has the option to appeal the denial with the Illinois Workers’ Compensation Commission (IWCC).

Whether you have lost a spouse, sibling, parent, child, or other loved one, an unexpected death in the family can be devastating. This devastation is compounded when the person’s death was due to an avoidable accident. In Illinois, individuals who have lost loved ones may be able to file a civil legal action called a “wrongful death claim.” Taking legal action cannot bring back your loved one. It may, however, act as a means of holding the at-fault party accountable. It may also allow you to recover financial compensation for medical and funeral expenses and other damages.

What Is a “Wrongful Death?”

According to the Illinois Wrongful Death Act, an individual has the right to pursue damages when the following conditions are present.

The person’s death was caused by neglect, default, or wrongful act. A party is considered negligent when the party had a duty of care, the party failed to uphold the duty, and the person died as a result. Wrongful death claims may be based on an allegation of negligent action or negligent inaction. For example, a trucking company has a duty to ensure that trucks are do not have mechanical problems that could cause an accident. If the trucking company failed to perform maintenance on a truck and the truck caused a fatal accident, the trucking company may be liable for damages. Similarly, a property owner who does not comply with fire codes may be liable if someone dies in a fire.

Back injuries, neck injuries, and spine injuries can be excruciating and debilitating. When a person suffers a back injury resulting from another party’s recklessness or negligence, the injured person may be entitled to damages. They may recover compensation for the financial losses they suffered due to the injury, such as medical bills and non-financial losses like their lost quality of life. However, successfully recovering money for a back injury can be challenging. To do so, you and your attorney will need to prove several elements.

Do I Have a Valid Back Injury Lawsuit?

A personal injury lawsuit is used to pursue financial restitution after an injury. The liable party may be a business like a restaurant or retail store, an individual such as a negligent driver, or even a government entity like a city. Most of the time, the party who is ultimately responsible for paying the damages is an insurance company.

There are four main components in any personal injury case based on negligence:

If you have ever been involved in a motor vehicle accident, you know how stressful and frightening the situation can be. This fear and frustration is only amplified when the perpetrator flees the scene and the accident becomes a hit-and-run. Whether the assailant is found or not, it is possible for you to recover damages with the help of a DuPage County car accident attorney.

What Is a Hit-and-Run Car Accident?

A driver leaving the scene immediately after hitting another vehicle, piece of property, or a person has just committed a hit-and-run. Every state has laws and consequences against committing this crime.

In Illinois, there are rules that must be followed after any car accident. For instance, all individuals involved in a car accident resulting in injury or property damages must first stop their vehicle as close to the scene as safely as possible and provide all necessary personal information (i.e., name, address, driver’s license). If the rules are not followed and the driver at fault does not remain at the scene, they could face a range of consequences from a small fine to a prison sentence.

Developing an injury at your job can be very unpleasant. Severe, one time injuries - such as a fall or crash - gain a lot of media attention, however, the most common of workplace injuries arise from small everyday tasks and motions. This type of workplace injury is called a repetitive stress injury. If you have developed a repetitive stress injury, a DuPage County personal injury attorney can help you fight for your workers’ compensation.

What Is an RSI?

RSIs also go by other names such as repetitive motion injuries or overuse injuries. RSIs form a large umbrella over injuries like carpal tunnel syndrome, tendonitis, and rotator cuff syndrome. Because it takes a long time for injuries like these to become noticeably bothersome, it is vital to pay attention to them from the beginning. A key factor of receiving workers compensation for such injuries is that you can prove that it was directly caused from the job.

Unfortunately, RSIs are very common and often go untreated. With the delayed symptoms of these injuries, it is likely the employee will not notice their pain or weakness until much later on. For instance, working at a computer and sitting at a desk chair all day can lead to various nerve issues in your hands and severe posture issues overall.

Property owners have a responsibility to keep their property in a reasonably safe condition by law. Of course, knowing what constitutes “reasonably safe” can be extremely difficult. If you or a loved one were recently injured in an apartment complex, restaurant, bar, retail store, or even a residential property, you may be interested in filing a premises liability claim and recovering compensation.

A successful premises liability claim may provide financial compensation for medical expenses, lost income from missed work, pain and suffering, and more. However, it can be hard to know if you have a valid claim. Read on to learn about Illinois’s premises liability laws and what you should do if you or a loved one were hurt on someone else’s property.

Illinois Premises Liability Laws

Head injuries, spine injuries, broken bones, burns, and countless other injuries may be caused by unsafe conditions on a commercial or residential property. In Illinois, a property owner’s duty or legal obligation to visitors varies. Commercial property owners owe the highest duty to invitees. Patrons at a business such as a nightclub or grocery store would fall under the category of invitees. Licensees are people who enter a property for social reasons. Property owners are required to keep properties free from unreasonably hazards for invitees and licensees. Property owners have lowest duty of care toward trespassers.

Each year, millions of people get into car accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6.7 million traffic accidents that occurred across the country in 2019. Of those, more than 33,000 crashes involved at least one fatality. Being in a traffic accident can be a scary situation, resulting in extensive injuries and extreme damages. Luckily, filing a personal injury claim can help you regain some of the compensation that you deserve for your injuries.

Avoid These Mistakes During Your Personal Injury Case

If you have been injured in a car accident, filing a personal injury claim is often your best chance at obtaining the compensation that you need for your damages. Sometimes, personal injury cases can take a few months, if not longer, to be completed. During that time, it is important that you do not make any mistakes that could jeopardize your personal injury claim. If you have been injured in an accident, here are a few mistakes that you should try to avoid making:

• Not calling the police to the scene of your accident. Sometimes, if the accident does not seem serious or if nobody has suffered obvious injuries, people may not want to call police to the scene of their accident. However, this is a mistake. When you call police to the scene, they are required to make a report. That police report can provide vital evidence in a personal injury claim for a car accident.
• Not seeking medical care after the accident. Even if it does not seem as if you suffered any injuries from your incident, it is always a good idea to seek medical care after any type of accident. If you do not seek immediate medical care, it may be argued that your injuries were not as serious as you allege or that you are not even injured at all.
• Not filing your case as soon as possible. For personal injury cases, most of the time there is a two-year statute of limitations on filing a claim. After those two years, your case would not be heard in court. Time is of the essence in personal injury cases. Filing your case as soon as possible increases the chances that your case will go smoothly.
• Posting contradictory or misleading information on social media. In today’s world, nearly everyone uses social media. It can feel like second nature to post about how your recovery is going on Facebook, but doing so could paint an incorrect picture of what your injuries are and how serious they are. The best thing to do after filing a personal injury claim is to simply stay off of social media for the time being.

Speak with a DuPage County Personal Injury Attorney

Filing a personal injury claim can be a long, stressful and sometimes confusing process, but that is why you should have help from a skilled Wheaton, IL personal injury lawyer. At the Law Offices of David W. Clark, P.C., we can help guide you throughout the personal injury claim process to help you avoid making irreversible mistakes. To get started discussing your case, call our office today at 630-665-5678 to schedule a free consultation.

For many Americans, driving is a daily task that is pretty much unavoidable. Many people in the United States live in areas that do not have very good public transportation systems, forcing them to spend more time commuting in their own vehicles. Driving can be a frustrating task, but most people can manage the stresses that come with it. However, some people may become so angry and frustrated that they lash out, usually toward other drivers on the road. In some cases, road rage can be the cause of a car accident that can leave other drivers with serious injuries. Fortunately, many victims of road rage are able to file a personal injury claim to help recoup some of the losses experienced as a result.

What Is Road Rage?

In general, road rage is defined as angry or aggressive behaviors exhibited by drivers when they are behind the wheel of a vehicle. Even though it may sound extreme, road rage is not an uncommon occurrence. According to the American Automobile Association (AAA), one survey found that 80 percent of drivers had exhibited aggressive or aggravated driving behaviors at least once in the year prior. Road rage can include a range of behavior, such as:

• Tailgating or following other drivers too closely
• Yelling at other drivers
• Honking or making angry gestures toward other drivers
• Blocking other people from changing lanes
• Cutting off another driver in traffic
• Intentionally and purposefully ramming your vehicle into another car
• Getting out of your vehicle to confront another driver

Proving Road Rage

Just like in any other case, you must be able to prove that the other driver was negligent when they were in the accident. Evidence for road rage accidents may include things such as:

Any type of injury that a person sustains has the possibility of temporarily affecting their life and their ability to work. However, some injuries can be more serious than others and can leave a person dealing with the effects of the injury for life. There are various types of benefits that are paid out by the Illinois Workers’ Compensation Commission (IWCC), both for injuries that are temporary and injuries that will last much longer. If an injury leaves a permanent scar or disfigures a person, they may be eligible for permanent partial disability (PPD) benefits from their employer. Disfigurement cases are notoriously subjective; what one person considers to be “disfigured,” another one may not. Having a skilled workers’ compensation lawyer on your side can be extremely beneficial to your case.

What Qualifies as Disfigurement?

Many different types of businesses see scarring and/or disfigurement injuries, however, manufacturing and other industrial jobs can be particularly prone to more serious injuries that may cause permanent scars or disfigurement. According to the Illinois Supreme Court, disfigurement comes into place when a healed scar “impairs or injures the beauty, symmetry or appearance of a person or thing; that which renders unsightly, misshapen or imperfect or deforms in some manner.”

If a person claims disfigurement, the scary must be both permanent and serious. However, these types of cases are very much subject to opinion. The location of the scar also matters. In general, Illinois allows for disfigurement claims to be paid out to individuals who suffer a serious and permanent scar to their head, neck, face, arm, hand, chest above the breast line or leg below the knee.

Even though summer does not technically start until near the end of June, June typically marks the beginning of the summer season. The temperatures are rising and the sun is shining full blast most days, which can be fun for beach goers and other outdoor enthusiasts, but stressful and sometimes even deadly for some workers. According to the Occupational Safety and Health Administration (OSHA), overexposure to heat is a real concern for many U.S. workers. Overexposure to heat can lead to serious illness or even death, causing dozens of worker deaths each year. Your employer has a responsibility to protect you from heat exposure in your workplace. If you have suffered a heat illness while at work, you may be eligible to claim compensation.

Occupations That Face Heat Exposure

There are various occupations from many different industries that have a daily risk of overexposure to heat. Both indoor and outdoor occupations have the potential to cause heat exposure that can lead to serious injury. Some of the occupations that are most likely to expose employees to excessive heat include:

Indoor Occupations

Following a car accident, most people’s concerns are focused on their immediate injuries, the ones they can feel and see. Next, they are focused on the injuries of the people around them. As time goes on and everyone heals, very few people focus on how the accident is affecting their emotional well being. A car accident is a scary experience, even if it is just a small rear-end collision. When circumstances are more serious, the accident can be traumatic and can leave a lasting effect on your mental state, which can develop into an issue that affects your everyday life. In some cases, you may be able to claim compensation for a mental illness or injury developed after a car accident.

What Is PTSD?

After a car accident, it is completely normal to experience some sort of anxiety or fear about the situation. However, most people will get better as the weeks go on. If they do not get better, there might be something more going on, possibly something such as post-traumatic stress disorder (PTSD). Classic symptoms of PTSD include:

• Recurrent nightmares
• Flashbacks to the event
• Avoiding things that remind the victim of the accident
• Always being on edge or being easily startled
• Aggressive or angry outbursts

There are also other symptoms that could appear as a result of PTSD. These symptoms include:

Any kind of accident carries the possibility of changing your life forever. In some cases, an injury may be so severe that it takes years to heal. At times, an injury could even become permanent and chronic, condemning you will live with it for the rest of your life. It is not uncommon for an injured worker to no longer be able to perform the work they once did. Many times, this can cause them to earn less than what they used to earn, which can place unfair financial stress on their family. If you were injured at work and have lost wage earning capacity, you may be able to claim those losses in a workers’ compensation claim.

What Is Lost Earning Capacity?

Many people use the term “lost earning capacity” and “lost income” interchangeably or to mean the same thing. However, they actually mean two different things. Lost wages or income refer to the money that you have lost between the time you were injured and the present. Lost earning capacity refers to a partial or total loss of the amount of income you earned prior to becoming injured.

Lost earning capacity can be difficult to calculate because there are many different factors that go into that calculation. These factors can include:

In most cases involving injuries that happened at work, you are entitled to workers’ compensation benefits. Almost all Illinois employers are required to purchase workers’ compensation insurance, but that does not always mean that the employer will comply or pay out benefits when they are needed. Sometimes, an employer can deny a workers’ compensation claim, which can be stressful for any household, especially when you are unable to work because of your injury. If you are unable to work for three or more days, your employer must either begin paying benefits, inform you of what information they need to make a determination or provide a denial for your claim. Work injuries can be financially taxing and can take a toll on your entire family’s well being, especially if your claim is denied.

Reasons for a Denied Claim

Being denied benefits from workers’ compensation can be frustrating. If your claim is denied, your employer is required to state the reason for the denial in writing. After receiving notice that their claim has been denied, many people’s first question is, “Why?” Here are some of the most common reasons that your employer may deny your claim:

• Your injury did not happen in your workplace. In general, injuries are only covered under workers’ compensation if you sustained that injury at work. An employer may try to deny a claim if you reported that you were injured elsewhere. However, if you were performing work for your employer at the time, your injury should be covered, no matter the physical location.
• Your injury was not reported in time. Like many other actions, there is a statute of limitations on workers’ compensation claims. Technically, you are supposed to report your injury to your employer as soon as you can, but you have up to 45 days after the injury to report it to your employer.
• Your employer believes you were at fault for the injury. Your employer has the right to deny your workers’ compensation claim if they believe that your injury does not meet the requirements. In general, workers’ compensation benefits are paid whether or not you are liable for the accident. However, if you were under the influence of drugs or alcohol when you were injured, your claim can be rightfully denied.
• You had a preexisting condition. If your employer tries to claim that your injury is a preexisting condition, they may deny your claim. However, it is important to note that even preexisting conditions that are aggravated by your employment and result in an injury are covered under workers’ compensation.

Our Bloomingdale, IL Workers’ Compensation Lawyer is Here to Help

If you have been injured at work, the first thing you should do is report your injury to your employer as soon as possible. The sooner you report your injury and your claim is approved, the sooner you can begin to receive benefits. In the event that your employer denies your claim, speaking with a DuPage County workers’ compensation attorney can be beneficial. Contact the Law Offices of David W. Clark, P.C. to discuss your denied workers’ compensation claim today. To schedule a free consultation, call our office today at 630-665-5678.

Every day, people are injured for a variety of reasons. According to the National Safety Council, there were 48.3 million people who sought medical attention for unintentional injuries that they sustained. The majority of people who are injured from some sort of accident suffer things like broken bones or lacerations -- injuries that will eventually heal and go away. However, in some cases, injuries from an accident can be much more serious and can result in long-term or chronic effects. In many cases, these injuries are considered “catastrophic injuries” and can have devastating effects on a person and their entire family.

What Is a Catastrophic Injury?

There is no statewide definition for a catastrophic injury in Illinois. However, according to the U.S. Code, a catastrophic injury is an injury that permanently prevents a person from performing any gainful work. This definition would mean that any injury that prevents a person from working enough or doing work that would financially support themselves and their family would be considered a catastrophic injury.

Examples of Catastrophic Injuries

Catastrophic injuries are severe and usually result in more than losing the ability to work. If an individual is so severely injured that they are unable to work, they are also likely unable to do other things, perhaps such as walking or taking care of themselves. Some of the most common types of injuries that can become catastrophic include:

When you are injured due to your line of work, it can be devastating. Not only do you suffer from the physical effects of your injury or illness, but you can also begin to struggle financially from time missed at work and unexpected medical bills. Fortunately, if you are injured while you are at work, chances are you are covered under your employer’s workers’ compensation insurance. Unfortunately, not all workers, injuries or employers are covered under workers’ compensation, which is where an Illinois workers’ compensation attorney can help you recover much-needed benefits.

Understanding the Different Types of Benefits

If you are found to have suffered an injury at work, you will have access to certain benefits that can help you get back on your feet after an injury, or that can provide you with assistance if you are determined to be disabled. These benefits include:

• Medical care costs: If you are injured at work, your employer will be responsible for paying all of the associated medical care that is needed to fully heal or recover a person’s injury. These costs could include emergency care, doctor’s visits, surgery, prescription costs, physical therapy, chiropractic care and more.
• Temporary disability: During the time you are healing, you may not be able to return to work. If you are only temporarily unable to work because of your injury, you may be able to claim temporary total disability (TTD) or temporary partial disability (TPD) benefits.
• Vocational rehabilitation: If you are unable to return to your same job that you were working when you were injured, you may be eligible for vocational rehabilitation. This benefit pays for costs relating to vocational retraining and counseling for job searching.
• Permanent disability: Permanent partial disability (PPD) payments are paid when a worker completely or partially loses a body part or the use of a body part. In severe cases, permanent total disability (PTD) payments may be made if the worker sustains a disability that prevents them from doing any kind of work.
• Death benefits: If a worker is killed because of a work injury, the family may be able to recover death benefits. These benefits include the cost of the funeral or burial and monthly payments based off of the deceased’s wages.

Our Wheaton, IL Workers’ Compensation Attorney Can Help

Receiving payment for a work injury is not always as easy as filing your claim and waiting for money to be deposited into your account, requiring the need for a skilled DuPage County workers’ compensation lawyer. If you are experiencing issues with your workers’ compensation claim or you have received a denial, you should speak with the team at the Law Offices of David W. Clark, P.C. We can help you get the compensation you deserve for your injury. To schedule a free consultation with Attorney David W. Clark, call our office today at 630-665-5678.

Even though the number of deaths resulting from motor vehicle accidents have decreased for the third year in a row, the number of injuries that are sustained by victims is astronomical. According to the National Safety Council (NSC), there were 4.5 million people who sought medical care for injuries sustained in car accidents in 2019 at an estimated cost of $463 billion. Many people who suffer from car accident injuries suffer the effects of these costs, which include medical expenses, wage loss, motor vehicle damage and more. Many times, car accidents are caused by the negligence of another driver and are entirely preventable. If another driver was acting negligently, you may be able to hold them accountable for the costs related to your injuries.

What is Negligence?

According to Illinois law, negligence occurs when a person fails to do something that a reasonably careful person would do, or does something that a reasonably careful person would not do. In addition to proving negligence, you must also be able to prove that the driver’s negligence was the cause of your injuries and that you would not have been injured if they had not acted in a negligent manner.

Negligent Driving Behaviors

There are many different types of behaviors that can pose a danger when drivers take part in them on the road. Here are some of the most common types of negligent driving behaviors: