Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca PC

WORKERS' COMPENSATION AND PERSONAL INJURY ATTORNEYS SERVING THE CHICAGO AREA
Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca is an established, AV-rated law firm. For over 60 years, we have been proud to represent people throughout Illinois in their legal claims for compensation and benefits. Our dedicated Chicago personal injury lawyers advocate on behalf of people hurt by the negligence of others, whether at work, in their car, on someone else's property, or in other situations. In addition to helping accident victims, our law firm also represents people who are seeking workers' compensation benefits and claimants applying for Social Security Disability benefits.

ASSERTING YOUR RIGHTS AS AN ACCIDENT VICTIM
Illinois law provides accident victims with a means to recover compensation for injuries caused by a negligent person or entity. If you or someone close to you has been hurt in a car or truck crash or another accident, you may be able to secure damages.

Many vehicle accidents are caused by the careless conduct of a driver, or in the case of a plane or train, a vehicle operator. All drivers owe others a duty to drive responsibly and avoid causing foreseeable harm. This requires adjusting driving behavior for differing conditions, such as weather, construction hazards on the road, and traffic. Negligent conduct may include texting while driving, drunk driving, or driving above a posted speed limit, among other examples.

Victims of truck accidents may assert a legal claim against the truck driver if they were at fault for causing the crash, as well as potentially the trucking company. Trucking companies are required to abide by both state and federal guidelines for the maintenance and inspection of trucks, as well as rules specific to driver safety and hours on the road. Due to the weight and size of commercial trucks, a collision may lead to catastrophic injuries for passengers and others sharing the road.

In any claim for compensation, the victim must show that the at-fault party or entity directly caused the accident and the resulting harm. In other words, but for the defendant's conduct, the accident would not have occurred.

If they prevail in a personal injury claim, accident victims may recover monetary damages from an at-fault party. Costs that are incurred by the victim may include hospital and medical care, lost income from work due to injuries, and emotional pain and suffering. While non-economic types of damages may be harder to quantify, they are important and may be substantial. Additionally, proving the true impact of the collision is important, since victims may recover the costs associated with future medical treatment and home modifications, if necessary.

Illinois law also provides that in the event of a tragic death, surviving family members or representatives of the deceased person may assert a wrongful death claim. This type of lawsuit provides a means to recover costs associated with the loss of a loved one.

PURSUING A WORK INJURY CLAIM
Employees who suffer from injuries or illnesses on the job may file workers' compensation claims in order to seek benefits. According to the Illinois Workers' Compensation Act (IWCA), an injured worker is not required to show that their employer was at fault in order to secure benefits. As a workers' compensation claimant, the employee must demonstrate that their condition or injury happened in the course and scope of employment.

Unexpected work injuries and illnesses may be devastating to employees and their families. Injuries that occur while an employee is acting on behalf of their employer outside the office, even during their lunch hour, may be compensable. Additionally, pre-existing medical conditions triggered or worsened by work may be covered under the IWCA.

When an injury or illness is caused by work or workplace conditions, an employee may recover a range of benefits. The law provides for medical care costs, as well as disability and death benefits. Any medical care deemed reasonably necessary will be paid by the employer, and it may include surgery as well as pharmaceuticals and doctor visits. Temporary total disability benefits and temporary partial disability benefits are also available, as well as vocational rehabilitation. For employees who suffer a permanent physical loss, the employer must pay permanent partial disability benefits.

SEEKING SOCIAL SECURITY DISABILITY BENEFITS
Social Security Disability Insurance is provided for individuals who are unable to work for at least 12 consecutive months. The process of applying for and securing benefits, administered by the Social Security Administration, may be arduous, subjecting applicants to extensive wait periods and multiple levels of decision-making.

When a disability claim is denied, however, claimants may appeal the decision. There are multiple levels of appeals, including a hearing before an administrative law judge. While these are informal hearings, additional evidence may be submitted to strengthen a claim for benefits. Witnesses may attend the hearing and present opinions regarding an individual's medical condition. A skilled attorney who is familiar with the procedures and requirements of a hearing before an administrative law judge may help present a strong case for benefits.