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Latest news on personal injury and workers’ compensation.

Motorist sues car dealership over faulty airbag

A motorist is suing a car dealership after her Mustang convertible’s airbag failed to deploy during a collision in Florida. Janelle R. Benning filed a complaint on Sept. 13 in the St. Clair County Circuit Court against Ford Motor Company and Auffenberg Ford Inc., alleging they failed to inspect the vehicle to determine whether its airbag module had been properly…

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Woman accuses employer of wrongful termination

A woman is suing her former employer and insurer for allegedly terminating her for filing a workers’ compensation claim. Jennifer Harrison filed a complaint on Sept. 17 in the Madison County Circuit Court against The Garden Kingdom Inc. and Erie Insurance, alleging they violated the Illinois Workers’ Compensation Act. According to the complaint she was injured during the course of…

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Can a Light Duty Program for Work Comp Claimants Create a Duty to Accommodate Under the ADA?

One of the most common challenges facing employers in Illinois workers’ compensation claims is preventing or minimizing exposure for disability benefits while an employee is recuperating from a work related injury. If the employee has a complete work restriction, temporary total disability (TTD) is owed under 820 ILCS 305/8(b). If the employee has light duty restrictions, the employer can avoid…

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First responder comp bills introduced to limited success

The introduction of legislation impacting first responders was named the top trend in workers compensation reforms countrywide by the National Council on Compensation Insurance despite the fact that only a handful of bills have passed to date. Boca Raton, Florida-based NCCI tracked 814 state bills in 2018 and found that 103 of them dealt with first responders battling post-traumatic stress…

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Appeals panel undoes $4.6M verdict for man who claimed contracted cancer from asbestos in welding rods

A state appeals panel has overturned a $4.6 million judgment in favor of a man who said he contracted mesothelioma by inhaling asbestos fibers while working near welding rods. Justices Peter Cavanagh, Lisa Holder White and Craig DeArmond of the Fourth District Appellate Court in Springfield issued an opinion Sept. 5 in a dispute between former welder Charles McKinney and…

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Worden tenant alleges rotting flooring gave way

A tenant is suing his Worden landlord after he was allegedly injured when rotting flooring gave way. Jeffrey Wright filed a complaint on Sept. 7 in Madison County Circuit Court against Daniel Rhodes, alleging the landlord negligently maintained the property in an unsafe and dangerous condition. According to the complaint, the plaintiff was injured when the flooring underneath his rented…

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Exclusive Remedy: The Scope of Protection in Illinois Workers’ Comp

Section 5(a) of the Illinois Workers’ Compensation Act provides the damages an employer must pay for work-related injuries. It specifies a worker injured in the line of duty cannot sue her employer or its other employees. That prohibition is easy enough to apply where one employee is injured by the negligence of another, or of the employer, at the business…

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