Tuesday, April 23, 2013

Testimonial Tuesday!

"I was working out of laborers 225 and I was badly burned. I was hesitant on getting an attorney but am so grateful I did because I wouldn't be where I am today without the help of Horwitz Horwitz & Associates. I was very anxious about getting paid and getting a settlement but Dulce and Marc were always there for me. I am so happy with the results and I highly recommend this firm if you have been injured."

If you have suffered an injury at work and want to ask an attorney about your case, please call today toll free 800-594-7433 or go to our website for more information.

Monday, April 22, 2013

Attorney Spotlight - Marc Perper

Hundreds, if not thousands, of working men and women in Illinois may benefit from Marc Perper having convinced the Illinois Supreme Court to reverse an appellate court decision in 2010.
Since 1984, Marc A. Perper has practiced at the law firm of Horwitz, Horwitz & Associates, Ltd., concentrating on workers’ compensation law. Clients state that Marc excels at keeping them well informed with his kind and caring manner. Besides prosecuting claims under the Illinois Workers’ Compensation and Occupational Diseases Acts at trial and on appeal, Marc has handled civil appeals in state and federal courts. He also has assisted in preparing and trying personal injury cases in the areas of: 
  • construction negligence
  • the Structural Work Act
  • products liability
  • medical malpractice
  • federal civil rights 
The most recent highlight of Marc’s career as an appellate lawyer occurred in January 2010, when the Illinois Supreme Court reversed a state appellate court ruling involving an injured worker’s right to receive temporary total disability (“TTD”) benefits under the Illinois Workers’ Compensation Act. 
The court held that when an employer fires an individual while the person is on temporary light duty – regardless of whether the firing is for “cause” – the employer must reinstate weekly disability benefits. Marc prevailed in the state’s highest court after Horwitz, Horwitz &Associates, Ltd. battled for its client in an arbitration proceeding, before a three-judge panel at the Illinois Workers’ Compensation Commission, and in the circuit and appellate courts. 
Hundreds, if not thousands, of working men and women in Illinois may benefit from this decision. Injured workers who lose weekly disability benefits are extremely vulnerable; they cannot work and do not qualify for unemployment since they are not eligible to look for work. Often they lose cars, homes and even families when employers resort to such punitive tactics.  
Among Marc’s other Illinois Supreme and Appellate Court cases in the workers’ compensation field have been controversies involving vocational rehabilitation, extraterritorial jurisdiction, penalties, calculation of earnings, whether an injury arose “out of” and “in the course of” employment, compensation for temporary total disability, and emergency hearing procedures. He has also handled leading Supreme and Appellate Court cases involving construction-related injuries and product liability. 
A former member of two unions, Marc belonged to the Service Employees International Union Local 236 (now Local 1) and the Chicago Federation of Musicians. In his spare time, he enjoys traveling and playing keyboards.
Marc’s dedication to working men and women was inspired by his maternal grandfather, Sam Schwartz, who emigrated from the Russian Empire and toiled for many years in Canada and the United States as a tailor before retiring on a union pension. When Sam died in 1976 at the age of 90, he was still carrying his Amalgamated Clothing Workers of America union card in his wallet.
In addition to his undergraduate degree from University of Illinois at Chicago and his law degree from IIT/Chicago-Kent College of Law, Marc holds a master’s degree in political science from the University of Illinois at Champaign-Urbana, where he concentrated his studies in American government.
Honors and Awards 
Marc is one of four Horwitz, Horwitz & Associates lawyers who have been recognized as Illinois Super Lawyers. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers
Marc A. Perper

Civic and Charitable Associations 
Marc has performed volunteer work for the National Kidney Foundation of Illinois. Marc is a past director of Reflex Sympathetic Dystrophy support groups at Loyola University Medical Center and Hinsdale Hospital.
Pro Bono
Through his local synagogue, Marc has worked with lawyers, accountants, and tax professionals in assisting individuals who cannot afford to hire tax preparers to help file tax returns and obtain the Earned Income Tax Credit for low-wage workers. Marc also has handled no-fee appointive work in federal court in the areas of disability law and employment discrimination.
Professional Associations 
Illinois Trial Lawyers Association, Workers’ Compensation Lawyers Association, Chicago Bar Association, Illinois State Bar Association, American Bar Association, Workplace Injury Litigation Group
Publications and Presentations 
Marc is known widely for his ability to answer workers’ compensation questions clearly and concisely. A charismatic speaker, Marc has addressed an array of labor, consumer, civic and professional organizations, including unions representing carpenters, ironworkers, teamsters, laborers, plumbers and pipefitters, sprinklerfitters, tilesetters, electricians, firefighters and cement masons. 
He has answered questions relating to workers’ compensation and workplace injuries in the “Ask an Attorney” column in the Joliet Herald News and has contributed a monthly column on workers’ compensation issues to the Fox Valley Labor News. Marc has also made numerous seminar presentations at continuing legal education events, including the following: 
  • Speaker, “Interstate Scaffolding: The Supreme Court Speaks,” Worker’s Compensation Lawyers’ Association seminar, Feb. 24, 2010 
  • Speaker, “Interstate Scaffolding: Cutting off Benefits after Termination for Cause,” Workers’ Compensation Lawyers’ Association seminar, Nov. 13, 2008
  • Speaker, “Medical Bills and the Medical Fee Schedule: Getting Them in and Getting Them Awarded,” Workers’ Compensation Lawyers’ Association seminar, June 24, 2008
  • Speaker, “Filing and Responding to Your First Workers’ Compensation Claim,” Illinois Institute for Continuing Legal Education seminar on workers’ compensation, May 2 and 11, 2007 
  • Speaker, “Advanced Workers’ Compensation Practice: Impact of the New Law,” Illinois Institute for Continuing Legal Education seminar on workers’ compensation, Aug. 11, 2006
  • Speaker, “Recent Developments in Workers’ Compensation Law,” Chicago Bar Association seminar on workers’ compensation, Jan. 11, 1996
  • Speaker, “Living and Coping with Arthritis” (on workers’ compensation and Social Security Disability issues), Arthritis Foundation seminar, Mount Sinai Hospital, Chicago, March 23, 1996
  • Chicago-Kent College of Law, IIT (J.D., high honors, 1984)
  • University of Illinois, Urbana (M.A., 1978)
  • University of Illinois, Chicago (B.A., with honors, 1975)
  • Illinois, 1984
  • U.S. District Court, Northern District of Illinois, 1984
  • Federal Trial Bar, 1988
  • U.S. Court of Appeals for the Seventh Circuit, 1985
  • U.S. Supreme Court, 1987

Tuesday, April 16, 2013

Did You Know.... Hard Hat Facts

Early on in the ship building industry workers would cover their hats with pitch (tar), and set them in the sun to cure. This was common practice for dock workers who were in constant danger of being hit on the head by objects being dropped from the deck of ships. There were also occasional items falling from the beaks of sea birds, who would pick up just about any item then drop it realizing that the object was inedible.

Management professor Peter Drucker credited writer Franz Kafka with developing the first civilian hard hat when he was employed at the Worker's Accident Insurance Institute for the Kingdom of Bohemia (1912), but this is not supported by any document from his employer.[1]

In the United States, the E.D. Bullard Company was a mining equipment firm in California, created by Edward Dickinson Bullard in 1898, who was in the industrial safety business for 20 years. The company sold protective hats, but they were only made of leather. His son, E. W. Bullard, arrived home from World War I with a steel helmet, which provided him with an idea to improve industrial safety. In 1919 Bullard patented a "Hard-Boiled Hat", made of steamed canvas, glue and black paint. That same year the U.S. Navy commissioned Bullard to create a shipyard protective cap, which began the widespread use of hard hats. Not long after, Bullard developed an internal suspension that would provide a more effective hat. These early designs bore a resemblance to the military M1917 "Brodie" helmet, which served as their inspiration.

In 1933 construction began on the Golden Gate Bridge in San Francisco California.[2] This was the second construction site in history where construction workers were required to wear hard hats (the first being the Hoover Dam project in 1931, as mandated by Six Companies, Inc), by order of Joseph Strauss, the project chief engineer. He wanted the workplace to be as safe as possible; hence, he installed safety nets and required hard hats while on the job site. Strauss also asked Bullard to create a hard hat to protect workers who performed sandblasting. Bullard produced a design that covered the worker's face, provided a window for vision and a supply of fresh air via a hose connected to the air compressor.

Aluminum became a standard for hard hats around 1938, except in electrical applications.
Fiberglass came into use in the 1940s.

Men wearing hard hats at the site of a Texas oil well in 1940.
Thermoplastics took over in the 1950s, because they were easy to mold and shape with heat and cost less to manufacture. Today, most hard hats are made from high-density polyethylene (HDPE) or advanced engineering resins, such as Ultem.
In 1997 ANSI allowed the development of a ventilated hard hat to keep wearers cooler. To it could be added accessories like face shields, sun visors, earmuffs, and perspiration-absorbing cloths which line the hats. Today, attachments include radios, walkie-talkies, pagers, and cameras.
~ Wikipedia

Bert Bitting and Jerry Kellerer, steam shovel operators working on deeping the Genesee River. c.1916. [PHOTO: Albert R. Stone Collection]

Wednesday, April 10, 2013

Motorcycle Accidents

80 percent of all cyclists involved in an accident suffer some type of personal injury. According to official estimates, approximately 50,000 people are injured in motorcycle accidents every year in the United States. Of these riders, 3,000 will die in motorcycle accidents annually. For those who survive these dangerous accidents, the consequences are often devastating.

If you or a loved one has suffered serious injury or death in a motorcycle accident, you may be able to seek compensation with the help of a qualified motorcycle accident attorney at Horwitz Horwitz & Associates. In Illinois, an injured person can receive compensation if it can be proven that the person who caused the accident was negligent or careless, and contributed to the cause of injury.

For example, was the other driver speeding, driving recklessly, in violation of vehicle codes, under the influence of alcohol or drugs, failing to pay adequate attention to the road and environment, or otherwise acting wrongfully or negligently? While you may not know all the answers to these questions, an experienced motorcycle accident attorney can look for these factors when determining liability in your motorcycle accident case.

Motorcycle accidents are commonly the cause of serious injury and death. In fact, victims of motorcycle accidents are 26 times more likely to be killed in a crash than motor vehicle occupants. Motorcycles are more vulnerable on the road because they are smaller, less protected, and more easily overlooked. Other drivers may be unaware of how to safely share the road with motorcyclists and their negligence can result in devastating motorcycle accidents.

In addition to the liability of other drivers, it is also possible for other parties to be culpable for motorcycle accidents. For example, if improperly maintained roads or unsafe vehicle conditions played a role in the accident, highway officials may be found negligent. If a motorcycle accident was the result of a defective auto or cycle part, the makers or repairers of the motorcycle may be held responsible.

If another party´s recklessness, negligence or other wrongdoing results in motorcycle accidents, the victim and/or his loved ones may be eligible to seek reparation. It is important to bear in mind that cases involving motorcycle accidents are subject to a statute of limitations. This statute restricts the time you have to file a claim. For this reason, it is wise to confer with a motorcycle accident attorney soon to protect your legal rights.

Through a motorcycle accident case, you can seek compensation for damages including medical expenses, property damage, loss of income or earning potential, and other out-of-pocket losses. In addition, you may also receive a large compensatory sum for your pain and suffering including disability, mental anguish, loss of companionship, and more.

There are different laws that apply to motorcycle accidents depending on the circumstances of the accident and the jurisdiction in which the accident took place. If you or a loved one has been injured in a motorcycle accident, please contact us to speak with a qualified attorney at Horwitz Horwitz & Associates to learn more about your legal rights and options. We will meticulously evaluate your case to ensure no detail is overlooked when determining liability for you losses. 

For a free consultation please contact us today. 800-594-7433

Friday, April 5, 2013

FAQ Friday! Filing a Claim III

What rights do I lose if I fail to file a claim?

With certain limited legal exception, if you fail to file your claim with the Workers' Compensation Commission within the the time limits allowed by law, you may be forever barred from receiving workers' compensation for you injury. 

To see the other FAQ's about Filing a Claim please click the below links:

Tuesday, April 2, 2013

Union Laborer Recovers 1.9 Million for Head Injury

A union laborer in Chicago was working near an excavation for a footing for the CTA’s elevated tracks. An independent contractor hired by the CTA to assist in the excavation was operating a backhoe while digging the excavation. The man operating the backhoe swung the boom and bucket in the wrong direction violently striking the laborer in the chest. It knocked him forcefully to the ground and he suffered a severe head injury. Horwitz recovered 1.9 million for his injuries.

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