LAW BLOG
February 8, 2010:
When Should I hire a workers' comp lawyer?
The best time to hire a workers’ compensation lawyer is as soon as you are injured. Fortunately for the client, he or she pays the same amount in fees no matter when they hire representation. So, the best decision an injured worker can make is to hire a local workers’ compensation lawyer right away. There are many reasons for this. First and foremost, a good workers’ compensation lawyer can help guide you through the complicated system, and help protect your rights.
The number one reason many claims get denied are because the injured worker did not notify his or her insurance company in time. It is important to have an attorney file your claim immediately so this argument cannot affect your case. When you file, your case it is assigned to an Arbitrator. So, for example, if you lose your benefits or they are wrongfully denied, you can quickly have your argument heard in front of a Judge, where your attorney can fight for your rights.
Many times injured workers are afraid their employers will get mad or fire them for filing a workers’ compensation case. It is important that people know firing someone for simply filing a claim is illegal. For the client’s peace of mind lawyers rarely deal with employers, rather we negotiate with insurance companies. We know you care about your job. A good workers’ compensation attorney will protect your employment.
It is also important to contact a local workers’ compensation attorney even if you have been fired ‘for cause’ and may not believe you are entitled to benefits. Recently the Illinois Supreme Court handed down a controversial decision angering many defense attorneys and insurance companies. In brief, the decision in that particular case stated the employer owed temporary disability benefits even though the employee was “fired for cause” (where the worker was on light duty restrictions.) While this was a specific instance, and not one that applies to all cases, it is mentioned simply to highlight the fact that benefits are often available in situations where an employee may believe otherwise. A good workers’ compensation attorney is on top of recent Illinois decisions and can find compensation for workers’ for their work related injuries.
Febraury 4, 2010:
Personal Injury News:
Illinois has dealt a blow to doctors and hospitals and a victory to patient’s rights advocates and the victims of medical malpractice.
For the third time since 1976, The Illinois Supreme Court has struck down limits on jury awards in medical malpractice cases. This latest decision strikes down legislation passed by the Illinois legislature in 2006 which capped med mal cases at $500,000 per case for doctors and $1 million for hospitals. The Supreme Court based its decision on the Illinois Constitution’s “separation of powers” clause finding that the legislature interfered with the right of juries to determine fair damages thus infringing on judicial power. The majority opinion held “[W]e necessarily consider…the legislature’s goal in enacting the statue-responding to a health-care crisis. Our separation of powers analysis, however, does not stop there. The crux of our analysis is whether the statue unduly infringes upon the inherent power of the judiciary. Here, the legislature’s attempt to limit…damages in medical malpractice actions runs afoul of the separation of powers clause.”
This decision is argued by some to be lead to doctors "fleeing" the state and insurance rates increasing (as always). However, the opinion will hold insurance companies responsible and thus hopefully lead to much-needed insurance reform. The opinion also affords victims their due process rights of a jury of their peers and not the legislature deciding what is adequate and fair compensation for a victim of medical malpractice.
January 3, 2010:
Real Estate Tax Appeals:
Did you know that your property is being re-assessed? Every three years, Cook County property owners receive property value re-assessments. The new “property values” directly impact your property taxes. Be on the lookout for your re-assessment as they, along with your actual property taxes, CAN be appealed if you believe they are flawed. Lake Township residents, along with many other Cook County residents, have not received these re-assessments yet and the date for their mailing is currently unknown. Once they are mailed, they may be appealed within 30 days, directly through the Cook County Assessor’s web site (www.cookcountyassessor.com). If your appeal is denied, or even If you miss the 30 day appeal deadline, do not be discouraged as you may also appeal through the Cook County Board of Review. The dates and deadlines for this second appeal process are posted on www.cookcountyboardofreview.com. These two county agencies are separate from one another and your property taxes may be appealed through either, or both, each and every year if done so to attain reasonable tax adjustments. If an adjustment is granted by the Assessor or Board of Review, your savings will be reflected on your ensuing second installment tax bill. You can further track your appeal through the use of both web sites.
EXEMPTIONS & REFUNDS
The Cook County Treasurer is holding hundreds of millions of dollars in tax refunds that are due to property owners. Many home-owners have no idea that these refunds exist. While they are annotated on your property tax bills, the “refund due” print is so small that they often go un-noticed. To check if there is a refund due on property located in Cook County, check the Treasurer’s web site (www.cookcountytreasurer.com) and click on refunds. It is estimated that 5-10 percent of Cook County property has unclaimed refunds sitting with the Treasurer’s office. Further, be sure to check that you are receiving all of your exemptions that you qualify for on your property taxes. Exemptions are always listed on your bill so if you do not see one there that should be, contact the Treasurer’s office. You may be due a refund for exemptions that were over-looked in previous years. If you are not sure what exemptions you may qualify for, check the Treasurer’s web site.
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