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Five Simple Tips On Workers’ Compensation Insurance in Illinois

May 16th, 2012

Does my employer have to have workers’ compensation insurance?

Yes. The law requires most employers to buy insurance policies that cover their employees in the event of a work injury. Some employers try to save money by breaking this law, which can lead to penalties and fines up to $10,000.

Is my employer exempt?

It’s estimated that 91% of employers in Illinois are NOT exempt. So it’s likely that your employer is required to have insurance. Employers are exempt from having workers’ compensation insurance if they have no employees, for example, or if they are corporate officers or business partners. Even if an employer only has one, part-time employee they are required to have insurance.

What if my employer tells me I’m not eligible for coverage?

If your employer tells you that they have insurance but you are not covered, don’t take their word for it. It may be their way of trying to avoid dealing with your claim. You should be covered from the first day you start working – there is not waiting period. If your employer says you aren’t covered because you are an independent contractor, make sure you are considered an independent contractor under the law. Just because they label you as one doesn’t mean you are one.

What if my employer doesn’t have workers’ compensation insurance?

If your employer knowingly fails to get insurance you can sue them in civil court for negligence. Normally, employers are protected from lawsuits filed by injured employees, but if they fail to get insurance they lose this protection.

If you are not sure whether your employer has insurance you can search for that information online or call the Illinois Workers’ Compensation Commission for help.

Where do I report an employer who isn’t following the law?

Contact the Illinois Workers’ Compensation Commission. You can report an employer anonymously.

5/16/12

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Whistleblower Lawsuits: Only for Fraud against Government

May 15th, 2012

You only have a true whistleblower lawsuit if the wrongdoing you have uncovered is against the government. If you work for a company who is defrauding customers or another company, it’s a different type of issue. If your employer is discriminating against certain employees, that’s also a different issue. People use the term “whistleblower” to mean anyone who blows the whistle on illegal activity, but technically it only refers to a specific type of case.

Fraud against the government comes in many forms. There are a number of examples from the healthcare industry. One example is when a doctor or hospital lies in order to get reimbursed from federal health programs such as Medicaid. This could be claiming that a doctor did something that was in fact done by a nurse in order to get paid at a higher rate. Or it could be lying that the treatment was necessary in order to get it covered under one of these programs. It could even be as blatant as billing for services or procedures that were never provided in the first place, or billing for more than what was done (called “upcoding”). In these examples, the government is getting cheated. If an employee comes forward, it would accurately be called whistle blowing.

Similar fraud happens in other industries, as well. Any time a contractor is providing a good or service to the government and they inflate prices, charge more for an inferior product, or lie about the standards that the product has met, the government is being defrauded.

In a typical lawsuit, one of the first things that happens is the defendant is served with a copy of the lawsuit. In whistleblower lawsuits, the government gets served first and has a chance to take over the case if they wish. If they choose not to take over the case, you can proceed. You are generally entitled to a portion of the proceeds if you win on behalf of the government. There are state and federal whistleblower laws and both allow compensation for the person who brings the lawsuit on behalf of the government.

If you blow the whistle, you are protected, to an extent, from employer retaliation. If you get fired for blowing the whistle, you can fight to get your job back or get compensated for any loss you suffered.

5/15/12

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Hiring an attorney to collect a debt

May 14th, 2012

If a debtor owes you money and won’t pay, there are a few ways to put pressure on them. In our opinion, you should skip the collection agency and hire a debt collection attorney. Legal action can be more efficient and you can avoid the risk of hiring an agency that uses illegal tactics, such as threats and lies, to try and collect your money.

We get quite a few calls from people who need help collecting a debt. Not only do they want to hire someone to help, but they want to know what the process is like and how much it’s going to cost.

Most attorneys who are experienced in debt collection follow a similar strategy. The first step is often sending out a letter on their firm letterhead laying out the debt and requesting payment. Many times, this is enough to get the debtor to pay. If it doesn’t work, then the attorney might send another letter, make a call, or something similar. If it still doesn’t work, they’ll likely file a lawsuit.

When a collections lawsuit is filed, the debtor has a certain amount of time to respond. If you’re dealing with someone who is intent on ignoring the situation, they might continue to do so. If they don’t respond, you will win the case. You will then have a judgment against the debtor and you can take steps to force payment, such as wage garnishment or forced sale of assets.

If your debtor is broke or headed for bankruptcy, you may not get to collect what you’re owed, unfortunately. If this is clear from the beginning, you’ll have to weigh your options. Debt collection attorneys charge their fee in two different ways. Contingency fees are where your attorney gets a portion, say 25%, of what you end up recovering. Hourly fees are where you pay by the hour and often start out by giving the attorney a retainer (a couple thousand dollars) to debit their fee from as they do the work. The fee in your case depends on the size of the debt, the likelihood of collecting the debt and your preference.

5/14/12

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What is 410 probation?

May 11th, 2012

It’s something that allows you the rare opportunity to keep a felony off your record. Section 410 of the Illinois Controlled Substances Act allows certain individuals to get probation instead of a conviction if charged with possession of small amounts of drugs. Section 410 is only for someone who has not been convicted or placed on probation for drug possession in the past.

Getting caught with small amounts of cocaine, for example, is a felony. First-time offenders can avoid serving time and can keep their records clean if they qualify for – and successfully complete – their 410 probation.

In order to get 410 probation, you will be found guilty. Then, the judge basically puts your case on hold. If you successfully complete the probation, then the case is dismissed. If you fail to comply with the terms of your probation, the probation can be revoked and you can be sentenced to whatever penalty the law allows … It’s as if you’re going back to the day you pled guilty, but without the option of probation. You only are eligible for 410 probation one time.

Many people fail 410 probation because the requirements are strict. You cannot break the law during your probation; you cannot possess a firearm; you must submit to periodic drug testing (and pay for it yourself); and you must complete 30 hours of community service in most cases. The judge has the discretion to include additional requirements, such as paying fines and undergoing treatment.

Employers often ask if you have been convicted of a crime. One of the main benefits to 410 probation is that you can answer “no.”

If you can get through probation, you still have one more step to go through if you want to completely erase it from your record. After five years, you can petition for expungement. If granted, the record of your probation will be completely erased. Most types of probation cannot be expunged; 410 probation is an exception.

Keep in mind that 410 probation is not granted automatically. An experienced defense attorney can let you know if it’s realistic for your case.

5/11/12

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Posted in Criminal Defense in Illinois | No Comments »

Take care when hiring a family law attorney

May 10th, 2012

If you have to hire a family law attorney, you’re probably going through a tough time. Stress, financial insecurity, and emotional turmoil can make it hard to focus on something like hiring the right attorney. You might just want to get it over and done with.

However, hiring the right attorney can be the difference between success and failure. People call us wanting the “best” divorce or custody attorney out there. We don’t blame them for asking – a lot is at stake in these cases. However, it’s an attorney’s experience, personality and reputation that give you an advantage. And that formula is different for everyone.

One thing to be wary of is an attorney who seems to handle everything. In our opinion, the more areas they practice in, the less likely it is that they are thoroughly entrenched in family law. You want someone who is handling family law cases every day, appearing in family court all the time and up to date on changes in the relevant laws. The danger is that an attorney who rarely handles family law cases might fail to address all the issues, which could cause you problems later on.

For example, Qualified Domestic Relation Orders (QDRO’s) are used to divide retirement plans, which often end up being marital (joint) property. Dividing up this kind of asset can be tricky. QDRO’s take care of the details of splitting up a retirement plan or pension. Once a divorce is finalized, you typically can’t go back and ask for something you forgot to ask for in the first place. You need an attorney who knows and understands all aspects of property division in a divorce.

Another problem we’ve seen comes up in custody cases. An attorney who is less familiar with all the options available might tell you you’re getting “joint custody” when really it’s not custody at all but just visitation. Your attorney is supposed to be the expert. They should have the knowledge to explain the ramifications of what you’re agreeing to in a custody negotiation.

So if you know a defense attorney who says they can help you with your divorce, or if your neighbor is an attorney and offers to take on your custody case, take a step back and think about what’s best for you and your family.

5/10/12

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Five Tips for Hiring an Illinois Injury Attorney

May 9th, 2012

An injury is an unexpected interruption in your life and can cause a lot of stress. A lawsuit may or may not be something you’re thinking about right away. But if it becomes clear that your injury might be permanent and the medical bills are piling up, you might start wondering if you can go after the responsible party for your losses. The best way to know is to talk to an experienced personal injury attorney. Here are some tips on finding the right lawyer – someone who is experienced and reputable, and also good at working with their clients.

  1. Start with the specific area of law. You can easily narrow down your options by focusing only on attorneys who practice in the area of personal injury. Some attorneys focus on a couple different areas of law, but those who have just one or two practice areas will probably be your best bet.
  2. Look for experience. An attorney who has at least ten years of experience is going to know more than someone new. The longer they’ve been practicing, the more relationships they are likely to have with others in the legal community.
  3. Find a firm with resources. A larger firm in a big city is going to have the connections and resources to aggressively pursue your case, taking it to trial if need be. You might need experts to testify and that costs money, which your attorney should cover. Finding reputable experts can be easier for an established firm, as well.
  4. Set up a consultation. Make sure to go in prepared with questions about their experience, past success in similar cases, customer service and communication style, fees and strategy. Also make sure you feel comfortable with the attorney and confident in their ability to take your case.
  5. If it doesn’t feel right, try again. A consultation doesn’t obligate you to hire the attorney. If it doesn’t seem like a good fit, try talking to someone else. It’s worth the extra effort at this stage. You certainly are allowed to switch attorneys later on, but it’s a lot easier if you get it right the first time.

There is no shortage of personal injury attorneys in Illinois. Taking the time to find an attorney who is the right fit for your case can make a difference, not only in the outcome of your case but in your overall experience with the legal system.

5/9/12

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You Can’t Sue a Doctor For Being Scummy

May 8th, 2012

I was really lucky recently to go to a benefit dinner where a lot of the top area cardiologists were being honored.  A friend of mine was there and he knew most of these great doctors.  But he pointed out one who isn’t so fantastic.

The long and short of it is the doctor runs a weight loss clinic where he charges a lot of money for his services to people that can’t afford it.  So what he does is finance the treatment himself at allegedly really high interest rates.  So basically people end up paying double what the procedures really costs, even if the “help” he is giving is just offering pills and diet advice.

This doc sounds unethical to me and I’ve received calls from others who went through similar experiences where they felt ripped off or preyed upon.  They were hoping that I’d recommend an Illinois medical malpractice lawyer to them, but I couldn’t.  The problem is that these aren’t malpractice cases at all.  Unless there are major physical injuries, it would not be a case worth pursuing in my opinion.

You can always report them to the Illinois Department of Professional Regulations and maybe that will cause them to lose their license to practice medicine.  But bringing a lawsuit would be a non-starter unless we can find an Illinois law that is being broken.

Most doctors like lawyers are great people.  But there are some bad guys out there.  The best way to stop them is usually to stop seeing them.

5/8/12

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