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FAQ Friday!! Filing a Claim III

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

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

For more information about filing a claim or if you have any questions about your injury, Please call 800-594-7433 or go to our website.

Stay Safe in the Water this Summer

As the warm summer weather rolls in, people of all ages will be venturing out to find a relaxing place to cool off. Many parents and kids will be rushing to the local pools and beaches to share in the refreshing environment that these locations offer. Before heading out to make a splash, make sure that everyone joining in on the fun knows the basic rules of safety.

According to the Centers for Disease Control and Prevention, about ten people die every day from unintentional drowning and of these ten, two are children aged 14 or younger. Among children ages 1 – 14, fatal drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle crashes. The Centers for Disease Control and Prevention list the following as factors that influence drowning risk:

·         Lack of Swimming Ability

·         Lack of Barriers

·         Lack of Close Supervision

·         Location

·         Failure to Wear Life Jackets

·         Alcohol Use

·         Seizure Disorders

As we get ready to enjoy the warm summers here are some tips from the Centers for Disease Control and Prevention to help ensure a fun safe day at the pool or beach. First, assign a responsible adult to watch young children – these adults should focus on the children and not partake in other activities. Preschool children should be close enough to reach at all times while swimming, playing in, or around the water. Even if there is a lifeguard present, it is important to have an adult watching over the children while they are in or around the water. Second, make use of the buddy system. Third, know the local weather conditions/forecast in the area that you will be swimming in. High winds and storms are dangerous conditions, especially for swimmers. In addition to these tips, here are some more provided by the Centers for Disease Control and Prevention:

·         Seizure Disorder Safety – provide one-on-one supervision around water if you are with someone who has a seizure disorder and always make sure to wear life jackets when boating

·         Learn Cardiopulmonary Resuscitation (CPR)

·         Air-Filled or Foam Toys are not safety devices

·         Avoid alcohol

·         Don’t let swimmers hyperventilate before swimming underwater or try to hold their breath for extended periods

o   This can cause “shallow water blackout” and may result in drowning

·         Know how to prevent recreational water illnesses

                Finally, the Centers for Disease Control and Prevention address two specific areas: swimming pools at home and natural water settings. If you are swimming at a pool at home:

·         Install a four-sided pool fence that is at least 4 ft high and that separates the pool area from the house/yard

·         Keep the pool and deck areas clean and free of toys/objects

If you are at a natural water setting:

·         Use U.S. Coast Guard approved life jackets

·         Know the meaning of and obey warnings represented by colored beach flags

·         Watch for signs of rip currents and dangerous waves

o   If caught in a rip current swim parallel to shore

All the information in this post was provided by the Centers for Disease Control and Prevention. For this information and even more on Home & Recreational Safety, check out the Centers for Disease Control and Prevention: www.cdc.gov/homeandrecreationalsafety

For further information on water safety and water injuries: http://www.cdc.gov/homeandrecreationalsafety/water-safety/waterinjuries-factsheet.html

If you have questions please contact our offices today. (800) 594-7433

www.horwitzlaw.com

Have you or someone you know suffered a traumatic brain injury?

Injuries suffered as a result of a traumatic brain injury can be severe and life-altering. Immediate goals often include getting medical bills paid and covered. In addition, your traumatic brain injury attorney should help make sure you or your loved one does not suffer financially through any lost wages, and make sure the appropriate insurance company will pay for future treatment relating to your injury.

If you are considering pursuing traumatic brain injury litigation, our Chicago personal injury attorneys can help. Call us today for a free consultation. (800) 594-7433

FAQ Friday!!

We are going to do something a little different today on Frequently Asked Question Friday... 

Please send us your question(s) about Workers' Comp, Personal Injury or Nursing Home Abuse and Neglect and we will answer it right away. If you want it to be confidential, please email your question to info@horwitzlaw.com, call (800) 594-7443 or go to our website and tell us about your accident.  

"You Have a Tremendous Crew and Need to Be Applauded"

"My husband (local 75 laborer) had a bad accident at work and needed pins in his shoulder. After his accident he couldn't work so they let him go from the job. We made the mistake of not hiring Horwitz first. The attorney we hired didn't do too well and thankfully we ended up going to Horwitz Horwitz & Associates and it was the best thing we could  have done. The crew at Horwitz have done a tremendous job for my husband. Everyone needs to be applauded for their care and support towards us. They got us the checks on time and we were able to pay our bills. We have had two cases with Horwitz and they never let us down. We want to give a big thank you to Jay Luchsinger, Cliff Horwitz, Carmen Franklin, Tyler Berberich and Dulce Diaz for always calling us back and getting the job done. Don't be scared to hire an attorney, especially at Horwitz because they work for YOU and benefit the injured."
~Elizabeth, Joliet

If you have been injured please contact us at (800) 594-7433. We take action on your behalf from the first consultation. www.HorwitzLaw.com

Jury Awards Trucker $2 Million

In a case tried by Cliff Horwitz and Jay Luchsinger, a Cook County jury has awarded $2,031,513 to a 48-year-old Teamsters 705 truck driver for a knee injury which ended his career as a trucker. Before the trial, the defendant, Albertson’s, offered the Teamster $250,000 to settle the case.

The injury occurred when a forklift operator clipped a stack of pallets, one of them striking the Teamster’s right knee. The trucker worked the rest of the day and went to the hospital the next day.

After three a half years of litigation, Albertson’s finally admitted liability one week before the trial date. But the company claimed the injuries were not serious. It argued that the forklift only clipped a pallet and that the pallet only bruised the trucker’s knee. It also argued that the trucker’s knee problems were pre-existing, claiming he had chondromalacia in the injured knee.

Further, the company claimed that the trucker could have returned to his truck-driving occupation if he wanted. It further argued that after the accident, the injured trucker went into business for himself and intentionally incurred tax losses to increase his monetary damages.

Albertson’s also retained a well-known orthopedic surgeon as an expert witness who opined that the chondromalacia to the back of the knee cap pre-existed the accident. He further stated that he could improve the trucker’s condition through extensive physicial therapy.

Horwitz demonstrated through a three-hour cross-examination that the condition was caused by the accident and that it had not existed before. Further, he demonstrated that the injury led to a vicious circle of knee problems and thigh weakness that was incurable.

Albertson’s claimed that because the trucker now had his own business and had built his annual revenues $6,000 to $400,000 in just a few years, that the trucker was doing well and therefore had not suffered serious economic damage. But the trucker testified that, despite the increase in gross revenues, the business was losing money.

Horwitz called two orthopedic surgeons and a physical therapist and also introduced substantial evidence showing how hard this Local 705 Teamster worked all of his life and demonstrated that he continues to work hard and struggle to make a living.

If you have been injured please contact us at (800) 594-7433. We take action on your behalf from the first consultation. www.HorwitzLaw.com

I Got This!

Family Sues Over Boy's 2012 Drowning

Horwitz attorney Michael Carter fights for boy's family to raise awareness for pool safety.

Vicente Cardenas, 4, who drowned on June 15, 2012, in Glenview. (handout, HANDOUT / June 21, 2012) 

By Alexandra Chachkevitch, Chicago Tribune reporter
June 6, 2013

The family of a 4-year-old boy who drowned in a Glenview Park District pool nearly a year ago has filed a lawsuit against the park district, Wesley Child Care Center and the Village of Glenview.

Vicente Emmanuel Cardenas drowned at the Roosevelt Outdoor Aquatic Pool on June 15. His family accuses the agencies of negligence, according to the complaint filed May 30.

The family alleges that the child care center's employees should have known that Vicente was "a hyperactive child" and an inexperienced swimmer, and that they failed to provide proper supervision on the day of the incident.

Michael Carter, an attorney representing the Cardenas family, said his clients suffered tremendous emotional trauma and are seeking damages in excess of $10 million.

"What happened here is beyond negligence," Carter said. "You don't open a pool to kids unless you provide a safe environment for them."

Vicente, of Glenview, drowned during Wesley Child Care Center's summer camp, according to police. The pool at 2239 Fir St. is owned and operated by the Glenview Park District.

Carter said Vicente was a special-needs child who had a developmental disability and required extra care.

Stacey Wilkins, one of the attorneys representing the child care center, said she couldn't comment because of the pending litigation. But she said the center extends its sympathies to the Cardenas family.

"The safety of our students is always a first priority for Wesley," Wilkins said.

Wilkins noted that immediately after the drowning, the center stopped trips to the Roosevelt pool for its preschool camp program, which includes 2- to 5-year-old children. Only children ages 4 1/2 to 5 years in the group were allowed to go to the pool before, Wilkins said.

The Department of Children and Family Services conducted a three-month investigation, and none of the employees involved in the incident were disciplined and the center retained its license, Wilkins said.

A Glenview police investigation did not result in any charges.

Glenview Village Attorney Eric Patt said he doesn't believe the village has been properly named in the lawsuit because the village and the park district are separate governmental entities. The village doesn't control actions of the park district, Patt said.

Glenview Park District's executive director, Charles Balling, declined to respond to the lawsuit because of pending litigation.

"My thoughts continue to be with the Cardenas family," Balling said.

The complaint also gave details about the boy's life. After Vicente was born in Colombia, a paramedic found him wrapped in a blanket in a garbage can, according to the lawsuit. He lived in a foster home for 10 months until he was adopted by his parents, Vicente Cardenas and Natalia Skorupko, both Glenview residents.

"He was a miracle baby," Carter said, adding that the family hopes its case brings attention to the safety of children around water.

achachkevitch@tribune.com

Copyright © 2013 Chicago Tribune Company, LLC

Testimonial Tuesday

"I just got my mail and the check was in there – so all is well. 

I thank God it’s in there so I can get some bills paid right now. I thank you all so very much, your company has been tremendous in assisting me. I just want to thank you for calling me today. I go back to the doctor on Friday and I’ll update you on what’s going on, but I just wanted to let you know so thank you for your time and everything."

Ashley

If you have been injured please contact us at (800) 594-7433. We take action on your behalf from the first consultation. www.HorwitzLaw.com

Get your FREE book today!

What do I do if I am involved in an accident with someone who has LIMITED INSURANCE coverage...

...but my injuries are worth more than the amount of insurance coverage they have. What can I do?

Do I have a claim?

Mike Silverman of Horwitz Horwitz and Associates answers your frequently asked question.

Contact our office today or for more information on persoanl injury, workers compensation or nursing home neglect and abuse call 800-594-7433. Or visit our website HorwitzLaw.com

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.

Attorney Spotlight - Marc Perper

Marc A. Perper

Partner

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.

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

Education 

• 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)

Admissions

• 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

See Marc in action at the Supreme court!

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]

FAQ Friday. If I'm involved in an accident with somebody that has no insurance, do I have a claim?

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

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:

Filing a Claim I - What does "filing a claim" mean?

Filing a Claim II - How much time do I have after my injury to file a claim?

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.

Click here for more results from Horwitz Horwitz & Associates

Horwitz Horwitz & Associates - Nursing Home Care Shouldn't Hurt: Nursing Home Staff

Horwitz Horwitz & Associates - Nursing Home Care Shouldn't Hurt: Nursing Home Staff: Read full Chicago Tribune article here: Level of Nurse Staffing At least one adequate measure for evaluating the quality of care provid...