If you are charged with a violent crime in Illinois, you have the right to a fair trial. On television legal dramas, you often see crusading prosecutors make powerful opening or closing arguments designed to sway a jury’s emotions. In real courtrooms, however, prosecutors need to stick to the evidence. They are not ethically or constitutionally permitted to inflame the jury with prejudicial language.

Court Reverses Attempted Murder Convictions Following Prosecution Misconduct

For example, a prosecutor who repeatedly refers to a defendant as a “criminal” during opening arguments may violate that defendant’s right to a fair trial. Indeed, an Illinois appeals court recently overturned the convictions of two co-defendants after a prosecutor did just that. The underlying criminal case involved three Chicago police officers who were shot and injured while attempting to execute a search warrant against one of the defendants.

The two defendants were tried on multiple felony charges, including attempted murder and aggravated battery of a police officer. The defendants were tried together but before separate juries. During opening arguments, the assistant state’s attorney prosecuting the case referred to the defendants as “two cold-blooded criminals.” The defense objected, and the judge instructed the jurors to “disregard” that remark. Despite this, the state’s attorney continued to call the defendants “criminals” during the remainder her opening statement.

The defendants were ultimately convicted. The first defendant to appeal argued he was entitled to a new trial because of the prosecutor’s improper opening statement. The Illinois First District Appellate Court agreed. In an October 2016 decision, the appeals court said that while a prosecutor has “wide latitude in making opening statements and closing arguments and is entitled to comment on the evidence,” that does not give a state’s attorney license to make “comments intending only to arouse the prejudice and passion of the jury.”

For example, Illinois courts have previously held that a prosecutor cannot refer to a defendant as an “animal” or a “crack-head.” Similarly, it was misleading and prejudicial to call the first co-defendant in this case a criminal since, in fact, he “did not have a criminal record” prior to this case. Additionally, given the prosecutor continued to falsely label the defendant a criminal even after the judge sustained the defense’s objection, the appellate court said it was compelled to reverse the conviction.

Several months later, the First District reversed the second co-defendant’s conviction on the same grounds. One difference in this case was the second co-defendant had a prior criminal record. He was also charged in the present case with unlawful use of a weapon by a felon. However, this did not make the prosecutor’s opening statement any less problematic, the appeals court observed. To the contrary, the second co-defendant specifically chose to have a separate bench trial on the weapons charge because “informing the jury of his prior unrelated conviction could prejudice him.”

Have You Been Charged With a Crime in Illinois?

Prosecutors are in the business of winning convictions. Still, that does not justify running roughshod over a defendant’s right to a fair trial on the evidence. If you have been accused of attempted murder, assault and battery, or any other serious felony, you need to work with an experienced Orland Park criminal defense attorney who will stand up for your rights. Contact the Fotopoulos Law Office, today at 708-942-8400 to schedule a free consultation to discuss your case with us.

Did you get hurt at work? Experiencing a workplace injury can be a frightening and confusing ordeal, regardless of your profession. 

While some jobs inherently carry a higher risk of injury, accidents can happen anywhere, from a busy construction site to a quiet office. The moments immediately following an injury are critical, as the steps you take can significantly impact the success of a potential workers’ compensation claim. 

In Illinois, where specific laws govern these cases, knowing the proper protocol is not just helpful—it’s essential. Acting swiftly and correctly can help ensure you receive the medical care and financial support you are entitled to, while a misstep could jeopardize your entire case.

Hurt at Work in Illinois? 

The Illinois Workers’ Compensation Act is designed to protect employees who are injured on the job. It establishes a no-fault system, meaning you don’t have to prove your employer was negligent to receive benefits. 

In return for this streamlined process, employees give up their right to sue their employer for the injury in most cases. This system is a critical safety net, but to use it effectively, you must follow the rules. The first 24 to 48 hours after an incident are often the most crucial. The information you gather, the people you speak to, and the medical attention you seek all form the foundation of your claim.

A successful workers’ compensation claim depends heavily on a clear, documented timeline of events. Any delays in reporting the injury or seeking treatment can be used by an insurance company to cast doubt on the claim. 

They might argue that the injury wasn’t severe enough to warrant immediate attention, or that it might have been sustained outside of work. This is why it’s vital to act with a sense of urgency. The five steps outlined below are designed to create a solid record of your injury, linking it directly to your employment and paving the way for a strong claim.

1. Inform Your Employer About Your Injury

The very first thing you must do after a work-related injury is notify your employer. This isn’t just a courtesy; it’s a legal requirement under the Illinois Workers’ Compensation Act. While the law states you should provide notice as soon as possible, it also provides a hard deadline: you must notify your employer within 45 days of the incident. Missing this deadline can result in a complete denial of your claim.

When you notify your employer, you have the option to do so orally or in writing. However, written notification is always the better choice. A written notice creates a tangible record of the date and time you informed your employer. This is a powerful piece of evidence if there’s ever a dispute about whether you gave proper notice. Your written notification should be straightforward, including key details such as:

• The date and time of your injury.
• The exact location where the injury occurred.
• A brief description of what happened and how the injury was sustained.
• A clear statement that you were injured while working.

This is not the time to be vague or to downplay your injury. Even if you think the injury is minor, you should still report it. Sometimes, what seems like a small ache or pain can develop into a more serious condition later on. If you fail to report a seemingly minor injury and it later becomes a debilitating issue, you may have a much harder time proving it was work-related. Keep a copy of your written notice for your own records.

2. Seek Medical Attention as Soon as Possible

Once you’ve notified your employer, your next priority is to get medical attention. Just as with reporting the injury, a delay in seeking treatment can be used against you. It is essential to get a professional medical evaluation to properly diagnose your injury and create an official medical record of your condition.

Before you go to a doctor, it’s wise to contact your employer’s human resources (HR) department or supervisor to ask about their workers’ compensation insurance provider and any specific procedures they may have. In Illinois, you generally have a choice in who your medical provider is, but there are some important details to be aware of.

• Preferred Provider Program (PPP): If your employer has a Preferred Provider Program (PPP), they are required to inform you about it. A PPP is a network of doctors and hospitals that the insurance company has an agreement with. In this scenario, you have a choice of two medical providers from within the PPP. After you see a provider in the PPP, you can also be referred to other specialists within that network. If you choose to seek care outside of the PPP, the insurance company may not be obligated to pay for it.
• No Preferred Provider Program: If your employer does not have a PPP, you have more freedom. You can choose any two medical providers. These can be a general practitioner and a specialist, for example. The insurance company must cover your visits to these two providers, as well as any referrals they make. This gives you greater control over your medical care.

It’s crucial to follow these rules carefully. If you go to a doctor who is not part of the network or is not one of your two choices, the workers’ compensation insurance may deny coverage for those visits, leaving you with the medical bills.

3. Inform Your Doctor About the Circumstances of the Injury

When you visit your chosen medical provider, you must be very clear and specific about the cause of your injury. Explicitly state that the injury occurred while you were at work. This is a fundamental step that ensures a direct link between your medical record and your workers’ compensation claim.

Your doctor’s notes are a cornerstone of your case. They should clearly document your diagnosis and state that the injury is work-related. Once your doctor is aware that the injury happened at work, their billing office should send all medical bills and correspondence directly to your employer or their workers’ compensation insurance carrier for payment. This prevents you from being burdened with bills and ensures the costs are directed to the correct party from the very beginning.

It’s also important to be completely honest and thorough with your doctor. Provide a detailed account of the incident, including what you were doing at the time, what happened, and what symptoms you are experiencing. Be honest about any pre-existing conditions as well, as trying to hide them could be seen as an attempt to defraud the system.

4. Ensure Your Employer Submits a Report

Your responsibilities don’t end with reporting the injury. Your employer also has a legal duty to report the incident to the Illinois Workers’ Compensation Commission (IWCC). They are required to submit a First Report of Injury form to the IWCC and their insurance company. This report is a crucial document that provides the official details of the incident from the employer’s perspective.

The report should include your personal information, the time and place of the accident, what you were doing at the time, how the accident occurred, and the injuries you sustained. You can ask your employer for a copy of this report to ensure the information is accurate. 

If you notice any discrepancies or inaccuracies, you should address them with your employer immediately. This report serves as a formal acknowledgment by your employer that the injury occurred on the job, which is a key piece of evidence in your case.

5. Seek Help from a Cook County Workers’ Comp Lawyer

The workers’ compensation system is designed to be accessible, but it is far from simple. Even when you follow all the right steps, insurance companies can be difficult to deal with. 

They may delay payments, dispute the severity of your injury, or even deny your claim outright. If you find yourself in this situation, or if you simply want to ensure your case is handled correctly from the start, it’s highly advisable to consult with a qualified workers’ compensation lawyer.

In Illinois, nearly all employers are required to carry workers’ compensation insurance to cover medical care and provide compensation for disability, including lost wages. 

Despite this requirement, obtaining these benefits is not always straightforward. An experienced lawyer can be an invaluable asset. They can help you navigate the complexities of the system, negotiate with the insurance company, and represent you in front of the IWCC if necessary.

A good workers’ compensation attorney will:

• Review your case and provide an honest assessment of your options.
• Help you gather and organize all necessary documentation, including medical records, witness statements, and your employer’s reports.
• Communicate with the insurance company on your behalf, handling all correspondence and negotiations.
• Represent you at hearings and in legal proceedings to fight for the benefits you deserve.

The Illinois Workers’ Compensation Act can be complex, and an attorney’s expertise can be the difference between a denied claim and a successful one. 

If you’re struggling to get your injuries covered or simply want guidance, consulting with a legal professional can provide peace of mind and significantly improve your chances of a favorable outcome. For those in the Cook County area, the Fotopoulos Law Office offers free consultations to discuss your case and help you understand your rights and options.

The Road Ahead

After getting hurt at work in Illinois, your focus should be on your recovery. The administrative and legal aspects of a workers’ compensation claim can be a heavy burden to carry alone. 

By following these five steps—reporting the injury promptly, seeking immediate medical care, being clear with your doctor, ensuring your employer files a report, and seeking legal counsel when needed—you create a strong foundation for your claim. This proactive approach not only increases your likelihood of receiving the compensation you deserve but also allows you to concentrate on what’s most important: your health and well-being.

In Illinois, any DUI charge that is classified as a felony charge is automatically considered to be an aggravated DUI charge. As the name suggests, aggravated DUI is more serious than a misdemeanor DUI and carries more serious consequences. Aggravated DUI charges can range anywhere from a Class 4 felony to a Class X felony, depending on the circumstances.

Class 4 Felonies

A Class 4 felony is the least serious classification of felony charges, though a conviction can still carry a sentence of one to three years in prison and up to $25,000 in fines. Examples of Class 4 felony aggravated DUI charges include:

• A first DUI offense while transporting a minor younger than 16 in the vehicle that resulted in bodily harm to the child;
• A second DUI offense committed while transporting a child younger than 16;
• DUI committed while driving a school bus with at least one minor on board;
• DUI committed while driving a vehicle-for-hire with a passenger inside;
• DUI resulting in great bodily harm, permanent disability or disfigurement;
• DUI committed without a valid driver’s license; and
• DUI committed without vehicle insurance.

Class 3 Felonies

A conviction for a Class 3 felony means you will face two to five years in prison and up to $25,000 in fines. A DUI conviction is a Class 3 felony if you had a previous reckless homicide DUI conviction or aggravated DUI conviction involving a death.

Class 2 Felonies

Class 2 felony convictions carry possible sentences of three to seven years in prison and up to $25,000 in fines. Examples of Class 2 felony charges include:

• A second conviction of DUI while transporting a child younger than 16 that resulted in bodily harm to the child;
• A third or subsequent DUI conviction; and
• A DUI resulting in death.

Class 1 Felonies

A Class 1 felony DUI carries a possible sentence of four to 15 years in prison and up to $25,000 in fines. A fifth DUI conviction is a Class 1 felony.

Class X Felonies

This is the most serious type of felony charge and carries a possible sentence of six to 30 years in prison and up to $25,000 in fines. An example of a Class X felony as it relates to DUI would be a sixth or subsequent conviction for DUI.

Contact a Cook County DUI Defense Attorney Today

Getting charged with a DUI is always a serious matter, but an aggravated DUI means you are being charged with a felony, which comes with harsher consequences. At the Fotopoulos Law Office, we can help you determine the best course of action for a defense for your case. Our skilled Tinley Park, Illinois, DUI defense lawyers will fight to get your charges reduced, or dropped altogether. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Cyber Drive Illinois

What comes to mind when you think of dangerous workplaces? For many people, construction sites are considered to be extremely dangerous – and they are not wrong. According to the Occupational Safety and Health Administration (OSHA), there were more than 4,600 worker fatalities in 2017. Of those fatalities, around 971 of them happened to construction workers. This means out of every five worker deaths that occurred, one of them was a construction worker. There are many reasons why construction sites are dangerous, but OSHA has pinpointed four causes of construction worker deaths.

The ‘Fatal Four’

These four causes of construction worker fatalities were determined to be responsible for nearly 60 percent of all construction worker deaths in 2017:

1. Falls: Deaths due to falls were responsible for nearly 40 percent of deaths in 2017. OSHA’s classification of falls includes falls and jumps to lower levels and falls on the same level. Typically, falls to lower levels are more serious than falls on the same level because of injuries sustained from the impact between the person who fell and the lower-level surface.
2. Struck by Object: Around eight percent of deaths occurred because of objects striking workers. These injuries can also be serious because they involve injuries sustained from forcible contact or impact with another object, which can be anything. Workers who died by being struck by an object may have been hit by a vehicle, a rolling object or a falling object.
3. Electrocutions: OSHA reported that electrocutions were responsible for a little over seven percent of construction worker deaths in 2017. Electrocutions occur when a person is exposed to electricity, whether directly or indirectly. Direct exposure can occur if a person comes into contact with an intentionally electrified object, such as an electric fence. Indirect exposure can involve situations such as a worker coming into contact with water that has been electrified.
4. Caught-in/Between an Object: Around five percent of construction worker deaths were caused by the worker being caught in or compressed by equipment or other objects. Injuries sustained from these types of accidents can occur when a person or a part of a person’s body is pinched, squeezed or crushed in machinery, stationary or moving objects or wire or rope.

Contact a Cook County Construction Accident Attorney Today

Depending on the circumstances of the situation, you may be able to claim compensation through a couple of different ways. If the person died while they were on the job, you may be able to claim death benefits from a workers’ compensation claim. In other situations, you may have to pursue compensation through a wrongful death claim. At the Fotopoulos Law Office, we can help you determine the best type of case to pursue to obtain maximum compensation. Our compassionate Tinley Park, IL, construction accident injury lawyers are happy to help you begin your case today. Call our office at 708-942-8400 to schedule a free consultation.

Sources:

Commonly Used Statistics

Classification Manual

Each year, there are an estimated 200,000 work-related accidents that occur in Illinois, according to the Illinois Workers’ Compensation Commission. Though most of these incidents do not result in a workers’ compensation claim, there are still quite a few claims filed each year. The latest information available from the Commission states that there were more than 38,000 workers’ compensation claims filed with the Commission in 2017. There are different types of workers’ compensation benefits that can be awarded to a worker, one of them being permanent partial disability (PPD) benefits that kick in when an employee is permanently injured.

What is Permanent Partial Disability?

According to the Illinois Workers’ Compensation Commission, PPD benefits can be awarded to an employee who experiences:

• Complete or partial loss of a part of the body
• Complete or partial loss of use of part of the body; or
• Partial loss of use of the body as a whole

Technically, there is no specific definition of “loss of use” that is determined by law, but it typically means that a person is unable to do things that they were able to do before the injury. To receive PPD benefits, you have to first reach maximum medical improvement (MMI) as determined by a doctor.

Calculating PPD Benefits

Your PPD benefit can be calculated in one of four ways: wage differential, schedule of injuries, non-schedule injuries or disfigurement. The calculation is determined by the type of injury you have. Most of the time, your PPD benefit will be calculated by using the wage differential method, which can help if you are currently working but making less than you used to before you were injured. To do this, the Commission pays two-thirds of the difference between your current average weekly wage (AWW) and your past AWW.

For example, we will use a person whose pre-injury AWW was $1,200. Because of his injury, he now only makes an AWW of $600. The difference between these two wages is $600. The Commission will pay two-thirds of this difference, which would amount to around $400. The Commission would pay him $400 per week, in addition to the $600 he makes at his new job.

A Joliet, IL, Workers’ Compensation Attorney Can Help You Get Benefits

If you have been injured on the job, you know how much stress and difficulty can be placed on the entire family. Illinois workers’ compensation is a program that is designed to help employees when they are injured at work and cannot work, whether permanently or for a short amount of time. At the Fotopoulos Law Office, we can help you get the compensation you need after a workplace injury. Call our Will County workers’ compensation lawyers today at 708-942-8400 to schedule a free consultation and discuss your options with us.

Sources:

State of Illinois

Illinois Workers’ Compensation Commission