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Exploring Illinois' Workers' Compensation Death Benefits
In the blink of an eye, an accident can happen while you are at work. True, there are certain jobs in which accidents are more common, but a workplace accident can occur anywhere, regardless of where you work and who you work for. One of the most devastating outcomes of a workplace accident is the death of a loved one. Not only does this bring on grief and emotional pain, but it can also mean that you are now burdened by the worry of your family’s financial future. Fortunately, the Illinois Workers’ Compensation Commission offers death benefits to families whose loved ones die as a result of workplace accidents.
Eligible Family Members
If a worker is killed on the job, the worker’s primary beneficiaries are entitled to receive the survivor’s benefit. A primary beneficiary is considered to be the worker’s spouse and any children under the age of 18. If the worker did not have any primary beneficiaries, then the benefits can be paid to the worker’s totally dependent parents.
How to Determine Negligence in a Car Accident Injury Case
Getting into a car accident can leave anyone feeling shaken up and worried. Even if the car accident only resulted in relatively minor injuries, such as a broken bone, it can come with even more damages, like missing work, medical costs, and repair costs, among others. This is typically when the idea of a car accident injury claim may come in handy. Most car accident injury claims are based around the idea of negligence, which just means the other person involved in the car accident failed to exercise their duty to drive safely on the road. To prevail in a car accident injury case, you must prove the following elements exist:
Duty of Care
When it comes to car accident claims, the duty of care is the responsibility that every driver has to operate their vehicle in a safe manner that is also consistent with traffic laws and other precautions most reasonable drivers would take. Examples of duty of care include:
- Using turn signals;
- Avoiding distractions, such as your cell phone;
Understanding Common Causes for Car Accidents in the United States
Many Americans rely on motor vehicles being their primary form of daily transportation to get to where they need to go. Unfortunately, this means it is not unusual for car accidents to occur every once in a while. According to information from the National Highway Traffic Safety Administration (NHTSA), there were estimated to be more than 6.7 million traffic crashes that were reported to police in 2018. Around 71 percent of traffic crashes were property damage only, but there were still many crashes that resulted in bodily injury. More than 2.7 million people were injured in traffic crashes and nearly 37,000 people were killed.
These numbers have decreased since the 80s and 90s due to an increase in safety education, safety features of vehicles, and advertising campaigns. Even so, agencies like the NHTSA strive to understand the common causes of car accidents so that they can continue to educate people and reduce the number of traffic crashes.
What are My Rights If I am Pulled Over During an Illinois Traffic Stop?
Traffic stops are one of the most common ways that police come into contact with the general public. According to data from the Stanford Open Policing Project, there were more than 12.7 million traffic stops conducted by state police in Illinois between 2011 and 2017. There are dozens of reasons why a police officer would want to pull you over. Maybe your tail light is out or you forgot to signal a lane change. Maybe the officer noticed that you were on your cell phone while you were driving. Maybe the officer suspects you are driving under the influence because your driving was erratic. Whatever the reason, there are certain rights that you have when you are pulled over by police.
Police Must Have Reasonable Suspicion
If an officer pulls you over, they must have a reason for doing so. It is not lawful for an officer to perform a traffic stop for no reason. It is a violation of your Constitutional rights if they perform a stop without having reasonable suspicion that you were committing a crime.
DUI FAQs
Knowledgeable Illinois Criminal Defense Attorney Assisting Clients Throughout Cook and DuPage Counties
Facing DUI charges can be overwhelming, regardless of whether you’ve been through the process before. If you have recently been charged with a DUI, one of the best ways to get a handle on the situation is to learn more about the process, what defenses you may have, and what you are looking at if you are convicted. Below is a list of DUI FAQs that can help provide you with a little bit of certainty during this undoubtedly stressful time.
Will I Go to Jail for an Illinois DUI?
The sentence for an Illinois DUI conviction may include a jail sentence; however, in most situations, it’s a decision that is left up to the judge. For example, a first-time DUI offense in Illinois is usually a class A misdemeanor, which carries the possibility of up to a year in jail. However, it is common for judges to order supervision or probation in lieu of incarceration. However, if you have a prior DUI on your record or you are charged with a felony DUI offense, you’ll likely face mandatory jail time or community service.
What is the Difference Between Burglary, Theft, and Robbery?
Most of us know that it is wrong to take something from someone without asking. Not only is it not nice, but it is also illegal. You have heard the terms "theft," "robbery," and "burglary" before, but many people use them interchangeably. In reality, these words are three different things in the legal world. They each have their own definitions and their own punishments if you are convicted of them. While these three crimes all do involve the unlawful taking of property, the differences lie in the circumstances around how the property was taken.
Theft
General theft is a crime that occurs when a person obtains control over property without the authorization of that property’s owner. Theft crimes vary in seriousness depending on the value of the property taken and where it was taken from. For example, property that was taken that is valued at less than $500 is charged as a Class A misdemeanor. If that property was taken from a place of worship or belonged to the government, the crime is elevated to a Class 4 felony. Depending on the circumstances of the crime, theft can carry penalties of up to 30 years in prison and up to $25,000 in fines.
Understanding Illinois Reckless Driving Charges
Most American drivers will be pulled over by police at least once in their lifetime. Most of the time, the reason you are pulled over is because of a small moving violation, like speeding or not fully stopping at a stop sign. These stops usually end with the officer issuing you a ticket that carries a fine that you must pay within a specific time period. In other situations, the officer may arrest you because they feel that you have done something too serious to warrant just a fine. Offenses of this nature can be driving while under the influence of drugs or alcohol, street racing or what is called reckless driving.
What is Reckless Driving?
The Illinois Vehicle Code states that reckless driving occurs when a person drives his or her vehicle with "willful and wanton disregard" for the safety of other drivers or other people’s property. It also states that reckless driving can occur if a person drives a vehicle and uses an incline such as a railroad crossing, hill or bridge approach to cause the vehicle to become airborne.
Alcohol and Minors: Never a Good Mix in Illinois
It is not uncommon for teenagers to get in trouble with the law. When they do, the offenses they are known for committing are usually minor, yet serious offenses like theft, vandalism and traffic violations. One of the most common reasons teenagers get in trouble with the law is because of alcohol-related offenses. In all 50 states and the District of Columbia, you are required to be at least 21 years old to legally possess, purchase and/or consume alcohol. If you are caught drinking while under the age of 21, or if you are caught providing alcohol to someone under the age of 21, you could be facing serious fines and other consequences that could follow you for the rest of your life.
Possession or Consumption of Alcohol by a Person Under the age of 21
In Illinois, consequences of underage drinking vary, but the person will likely be charged with a Class A misdemeanor. This means the person could face up to one year in jail and up to $2,500 in fines. Additionally, that person’s driving privileges will be affected. If they receive court supervision, their license will be suspended for three months. If they are convicted, their license will be suspended for six months.
Can I File a Lawsuit if I get Sick from Eating a Food Product?
When you purchase food at a restaurant or grocery store, you should be able to expect that the product is safe to eat. Even though there are stringent inspection processes for food in the United States, sometimes there is still food on the market that can pose a health threat to those who consume it. There are hundreds of different types of foodborne diseases that can be caused by bacteria, viruses, and parasites, most of which can be prevented through proper storage, handling and cooking. If you get sick from consuming food from a restaurant or grocery store, you may be able to hold the manufacturer or supplier responsible.
Recent Listeria Outbreak Prompts Recall
Last week, Almark Foods issued a recall on all of its hard-boiled egg products over concerns of listeria contamination. The Food and Drug Administration linked the hard-boiled egg products that were produced from the company’s Gainesville, Georgia, plant with a listeria outbreak that affected people from five different states and killed one person in Texas. The egg products were sold under various brand names and at various retailers, including Trader Joe’s, Giant Eagle, Kroger, and Walmart.
Do not get Caught Driving With a Suspended or Revoked License
Illinois law provides for a variety of ways that you could lose your driving privileges, some of which may not even be related to driving at all. Fleeing from a police officer, incurring too many traffic violations, not paying traffic tickets or even not paying child support can result in a driver’s license suspension or revocation. Perhaps one of the most common reasons why a person loses their license is because they were arrested or convicted of driving a vehicle while under the influence of drugs or alcohol. In Illinois, DUI convictions are serious and the penalties are too. Not only do you face jail time and expensive fines, but you also face losing your driving privileges. What can be just as serious, however, is driving with a suspended or revoked driver’s license.
Criminal Charges for Driving With a Suspension or Revocation
Many people believe that driving while your license has been suspended or revoked is punished simply as a traffic ticket. In reality, if you are caught driving with a suspended or revoked license, you will be charged with a criminal offense, which is much more serious than just getting a ticket. If your license is suspended or revoked because of a DUI charge, the following penalties apply:
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