How the Illinois Injured Workers’ Benefit Fund works

Illinois workers who are injured on the job have the right to workers’ compensation benefits for hours of work lost and for medical expenses. If the employer fails to pay the compensation owed, then the benefits can be paid by the Injured Workers’ Benefit Fund (IWBF). The IWBF was created in 2005 to compensate injured …

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Illinois Governor Vetoes Truck Safety Bill

A bill to increase the speed limit for trucks on some non-urban Illinois highways, which was passed unanimously in both chambers of the Illinois state legislature, has been vetoed by Governor Pat Quinn. The trucking industry supported the bill, claiming that a high speed differential between cars and trucks is dangerous. The top speed for …

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Amputee Files Lawsuit Against Hospital for Cremating Amputated Leg

A patient has filed a lawsuit against Skokie Hospital for incinerating his amputated leg. The patient, an Orthodox Jew whose religious traditions indicate that the dead should be buried whole, claims that he informed a rabbi employed by the hospital and other medical personnel that he wanted his leg to be preserved to be buried …

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Age Restriction in Park Not a Liability Shield

The Chicago Park District must do more to publicize playground age restrictions if it wants them to be the basis of legal immunity, a state appeals panel has ruled. The First District Appellate Court, in an unpublished order decision by Justice Robert E. Gordon, found that signs must be posted at the park and that …

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Many misdiagnosis errors go unreported

Medical errors involving surgery or drug mistakes receive a lot of attention, perhaps in part because it is often obvious that an error has been made. But research indicates that misdiagnosis may be a far more common type of medical mistake. Experts in patient safety say that misdiagnosis, which can include delayed, missed or incorrect …

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Over 14 million dollars awarded in birth injury lawsuit

An Ohio jury has awarded $14.5 million to a boy who suffered a birth injury. The jury returned the verdict against a hospital and doctor in favor of the 11-year-old boy and his mother, Stephanie Stewart. The child suffered a brain hemorrhage after a delay in his delivery, and he now suffers from cognitive delays, …

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New Illinois law allows workers to sue third-party service organizations

On June 5, 2014, Senate Bill 3287 passed both houses of the Illinois legislature and was signed into law by Governor Quinn, becoming Public Act 98-33. The law eliminates immunity for third-party maintenance or service corporations from third-party lawsuits under the exclusive remedy provisions of the Workers’ Compensation Act.  The law went into effect immediately. …

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Labor trauma can cause birth injuries

A number of birth injuries can result from trauma experienced during the labor and delivery process. Said trauma can result from mistakes on the part of medical professionals attending the birth. Head trauma suffered during delivery can cause several different types of birth injuries, including cephalohematoma, caput succedaneum and epidural hemorrhage. Cerebral palsy, a disability …

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IWCC rules a close call insufficient for a mental disability claim

The Illinois Workers’ Compensation Commission recently ruled against a train operator who claimed a mental disability based on the trauma of believing that the train he was operating had struck and killed a pedestrian. The worker was operating a train exiting a tunnel when he observed two young men running across the tracks. The operator …

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