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Common Causes of Trips, Slips, and Falls in the Workplace

 Posted on October 03, 2022 in Uncategorized

Accidents happen; we all know this. Accidents at work are not uncommon occurrences, especially when it comes to slips, trips and/or falls. According to the latest statistics from the U.S. Bureau of Labor Statistics, there were around 2.8 million nonfatal workplace injuries and illnesses that were reported in 2017. Of those injuries, the second most common type of injury was slips, trips, and falls. Like any injury, the severity of injuries caused by slips, trips, and falls can range from minor, such as pulled or strained muscles, to major injuries, such as spinal cord injuries or broken bones. The key to preventing these types of injuries is identifying the causes. Here are the most common causes of trips, slips, and falls in the workplace:

Substances on the Floor

When there are wet or dry contaminants on the floor, it can cause workers to lose their footing easily. Having substances on the floor is perhaps one of the most common causes of slips and falls in the workplace. Slippery substances that pose a danger can include:

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Understanding Illinois Hate Crimes and Their Consequences

 Posted on September 23, 2022 in Uncategorized

In the past couple of years, law enforcement officers and legislative officials have focused more attention on hate crimes. More time, energy and resources have been put into thorough investigations of hate crimes, and laws have been made even more strict than before. In Illinois, officials do not have a tolerance for hate crimes and often punish offenders to the fullest extent of the law. Though every situation is different, a hate crime committed in Illinois is charged as a felony offense, which means you face serious consequences if you are convicted. Dealing with accusations of a hate crime can be daunting, which is why retaining counsel from a skilled Illinois criminal defense attorney is crucial.

What is Hate Crime?

In simple terms, a hate crime occurs when a person commits a crime against another person or group of people because of that group or person’s perceived race, color, religion, gender, sexual orientation or physical or mental disability. Often, the type of actions that are committed against people in a hate crime is violent in nature and can include crimes such as:

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Teenage DUI: Zero Tolerance Laws in Illinois

 Posted on September 21, 2022 in Uncategorized

When examining traffic offenses or crimes that can be committed while driving, a DUI is one of the most serious charges one can face. The state of Illinois has cracked down on drunk driving in recent years for both underage drivers and adult drivers. Underage DUI is a very serious crime in Illinois. Not only is an offender violating DUI laws, but they are also violating the minimum drinking age laws. Having a teenage child who gets caught drinking and driving can be a nerve-wracking experience, but understanding the laws and the consequences for breaking them can help ease some of the uncertainty.

Zero Tolerance Laws

In an effort to reduce the number of teenagers who drink and drive, Illinois has adopted zero tolerance laws for drivers under the age of 21. Under these laws, any blood alcohol content (BAC) over .00 will result in charges. A first-time offender will lose their driving privileges for three months for any BAC that is over .00. They will lose their driving privileges for six months if they refuse to take a chemical test.

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Can What I Said Years ago be Used Against Me in a Sex Crimes Case?

 Posted on September 10, 2022 in Uncategorized

A sex crimes charge can permanently brand the accused as a "sex offender" in the eyes of the law and the public. One factor to keep in mind is not all sex crimes involve physical assault. For example, if a person "engages in a sexual act" in the "presence or virtual presence" of a child, he or she may be charged with "sexual exploitation." This is a misdemeanor for a first offense but a felony if the defendant has any prior sex crimes conviction.

Ex-Wife's Testimony Used to Convict Defendant

In pursuing a sex crimes case, Illinois prosecutors will not hesitate to introduce any evidence designed to make the defendant look as bad as possible to the jury. Judges are supposed to keep unduly "prejudicial" evidence away from the jury, but prosecutors still have quite a bit of leeway in making their case. This includes allowing evidence that supposedly proves a defendant's motive or intent.

Consider a recent criminal case from northern Illinois. The state accused the defendant of sexual exploitation of a child. Specifically, prosecutors said the defendant "engaged in oral sex and sexual intercourse with his girlfriend in front of his son in an attempt to teach his son about sex."

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What are Some Common Injuries After an Illinois Motorcycle Accident?

 Posted on August 18, 2022 in Uncategorized

Riding a motorcycle is a popular form of transportation for many Americans, especially as the weather gets warmer. Unfortunately, with the rising temperatures, traffic fatalities also tend to rise, especially for motorcyclists. According to information from the National Highway Traffic Safety Administration (NHTSA), there were more than 5,100 motorcyclists killed from traffic crashes in 2017, with thousands more who suffered injuries. Even in motorcycle crashes that do not involve fatalities, the injuries can be very serious and can have a lifelong impact on the victim.

Types of Motorcycle Accident Injuries

There is a wide range of injuries that could occur after a motorcycle accident. The type and severity of injuries that occur depend on the circumstances of the accident, such as what the motorcyclist was wearing at the time of the accident, whether or not he or she was wearing a helmet and the type of crash that occurred. In many cases, injuries are more severe if the motorcyclist was not wearing protective gear when they got into the accident. Here are a few common motorcycle accident injuries:

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Can I Pursue a Workers’ Compensation Claim if I Get Sick While on the Job?

 Posted on August 18, 2022 in Uncategorized

Most people have heard of workers' compensation. All employers in the state of Illinois are required to carry workers’ compensation insurance that helps take care of employees if they are injured on the job. However, accidents are not the only way you can be eligible for workers’ compensation benefits. In some circumstances, you can also file a claim under the Illinois Workers’ Occupational Diseases Act if you have contracted an illness or have become sick as a result of your work environment.

What Diseases Qualify for a Claim?

There are a variety of situations in which you may be eligible to claim compensation through the Illinois Workers’ Occupational Disease Act. However, there are no specific diseases or conditions listed that qualify. Rather, the Act states that any employee is eligible if they suffer disablement, impairment, disfigurement, or death and such injury is caused by a disease, "arising out of and in the course of his or her employment." The Act also states that any pre-existing condition that is aggravated because of a person’s employment may also be covered. Common diseases and illnesses that may be covered under the Act can include:

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Pursuing Compensation After an Illinois Car Accident Involving a Drunk Driver

 Posted on August 03, 2022 in Uncategorized

It is illegal in all states to operate a motor vehicle while you are under the influence of drugs or alcohol. Yet, this does not stop people from doing just that. Driving while you are intoxicated increases the chance that you will get into a car accident and unfortunately, DUI-related traffic accidents are common in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,500 deaths caused by drunk driving accidents in 2018, accounting for around 29 percent of all traffic deaths that year. Even if you are not killed in a drunk driving accident, you can be seriously injured. The state of Illinois gives you a few options when it comes to pursuing compensation after a drunk driving accident.

The Illinois Dram Shop Act

In Illinois, it is possible to pursue compensation from different responsible parties. Not only can you pursue compensation from the drunk driver themselves, but you may also be able to pursue compensation from the establishment that served the driver his or her alcohol. The Illinois Liquor Control Act (also known as the Dram Shop Act) is the legislation that allows bars, restaurants, and other establishments to be held liable for damages and injuries caused by a drunk driver that they served.

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Defending Against DUI Charges in Illinois

 Posted on July 27, 2022 in Uncategorized

When it comes to criminal laws and punishments, each state creates its own. When it comes to driving under the influence, the legal BAC limit for almost all states is 0.08 (Utah recently lowered its limit to 0.05), but the consequences of breaking that law differ greatly between states. Some states, like South Dakota, have no minimum jail sentence or fines for first or second-time DUI offenders. Illinois has some of the strictest DUI laws in the country, with a first offense resulting in an administrative driver’s license suspension, fines and possible jail time.

Defense Strategies

Being accused of driving while under the influence of drugs or alcohol is a very serious matter. Even if you are not convicted, you can face a driver’s license suspension and the arrest may appear on your criminal record during a background search. It is crucial that you have help from an experienced DUI defense attorney if you are facing DUI charges. Your attorney will be able to examine your situation and determine what the best defense strategy would be for your case. Common defenses to DUI charges include:

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How is DUI Different When it Involves Marijuana?

 Posted on July 19, 2022 in Uncategorized

When it comes to DUI, there is a critical difference between alcohol and illegal drugs such as marijuana. You probably know that drunk driving is only a criminal offense if your blood alcohol concentration is 0.08 percent or higher. This means that most people can have one or two beers in their system and not worry about legal liability.

However, when it comes to illegal drugs, Illinois law states that "any amount" in a person's system is unacceptable. In other words, if police find any amount of THC - the active ingredient in marijuana and cannabis products - in your system, you are guilty of DUI even if there is no evidence that you were impaired. Additionally, if you are arrested for a DUI where someone else is seriously injured, you can be charged with an "aggravated" DUI which carries stiffer criminal penalties.

Illinois Supreme Court Rejects "Medical Condition" Defense in Aggravated DUI Case

The Illinois Supreme Court recently reinstated an aggravated DUI conviction arising from a 2012 accident involving two vehicles in Shiloh. The defendant drove her vehicle over the center line and hit a truck. The truck driver, who was pregnant at the time, suffered "permanent disability" as a result of the accident, and the defendant's 14-year-old son was also seriously injured.

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Can a Drug Conviction be Used Against Me in a Future Case?

 Posted on July 07, 2022 in Uncategorized

If you are on trial for a violent crime, such as assault and battery, prosecutors will make every effort to discredit you in front of the jury. Should you choose to testify - and remember, the Constitution protects your right to remain silent at trial - prosecutors may look to introduce evidence of prior criminal convictions to attack your credibility.

How "Impeachment" Works in a Criminal Trial

In legal terms, this is known as "impeachment." Illinois courts have strict rules about what kinds of information may be used to impeach a witness. For example, evidence of a witness' prior criminal conviction is admissible under the following circumstances:

  • The previous crime was punishable by death or a prison term of at least one year at the time of the witness' conviction; or
  • The crime involved "dishonesty or false statement" regardless of the punishment involved; and
  • In either case, the judge decides the "probative value" of letting the jury know about the prior conviction outweighs any "danger of unfair prejudice."

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