Injury Advice
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Under FELA law (46 USCA Section 51-59), a railroad will be liable to an employee who sustains an injury resulting in whole or in part from the failure of the railroad to provide a reasonably safe work place. Even slight negligence by the railroad is sufficient to confer liability. But there must be some evidence of negligence as a railroad is not an insurer of the wellbeing of its employees. What constitutes negligence will be the subject of this and several companion articles.
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Under FELA law, a railroad will be liable to an employee who sustains an injury resulting in whole or in part from the failure of the railroad to provide a reasonably safe work place. Even slight negligence by the railroad is sufficient to confer liability. But there must be some evidence of negligence as a railroad is not an insurer of the wellbeing of its employees. What constitutes negligence will be the subject of this and several companion articles.
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You’re involved in a car accident caused by another driver’s negligence. Your leg is broken. You need surgery. Five days later you are discharged from the hospital. In a couple of weeks you begin physical therapy to increase the strength and range of motion in your leg. Therapy lasts four months. The medical bills start coming in, and you can’t believe how much they are: $78,000.00. Fortunately, you have health insurance benefits through your employer. You also have medical payments coverage (of $5,000.00) from your own car insurance policy. But primarily you are thinking that since the accident was caused by the other driver’s negligence, HIS insurance ought to pay your medical bills as they come in. Worse yet, you begin to receive collection letters seeking payment of your medical bills. What should you do?
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As is commonly known, under the Illinois Workers’ Compensation Act (820 ILCS 305) an employer is required to pay temporary total disability (TTD) benefits to an employee who sustains a work-related injury. Such benefits (2/3 of your average weekly wage) are to continue until the employee returns to work – either full duty or light duty – or reaches maximum medical improvement (MMI). What happens however, when an employee working light duty, that is, not fully healed from his work related injuries, is fired for conduct unrelated to his injury? This issue was presented in the case of Interstate Scaffolding, Inc. v. The Illinois Workers’ Compensation Commission, decided by the Illinois Supreme Court in January 2010. (Lipkin & Higgins was not involved as the attorney of record.)
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When do you have a case if you suffer injury ?
You park your car in an outdoor shopping mall parking lot. You get out, walk across the lot and open the doors to the mall, take a step or two and slip and fall on water that’s on the floor. Unfortunately, you break your leg and require surgery. Do you have a case? Let’s add a general proposition of law and then examine the proposition in light of two different scenarios.
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Are you entitled to make a claim for loss of earnings even if you have been compensated from accrued personal time, disability benefits, etc?
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A dispute may arise between the employee and the employer (or its Workers Compensation insurer) regarding when the employee can return to work. The Workers’ Compensation Act contemplates that medical minds can differ regarding the ability of the injured employee to physically handle the demands of his/her job.
