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Archive for April, 2011

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Five facts about overtime wages in Illinois

Wednesday, April 20th, 2011

There are a lot of exceptions in overtime law. Not everyone who works more than 40 hours a week is eligible. Here are five things to know about overtime wages in Illinois.

  1. State law can override federal law when it comes to eligibility for overtime. So workers in Illinois may be entitled to overtime pay in situations where workers in other states are not.
  2. If you are eligible for overtime, you should get 1.5 times your pay for every hour you work over 40 hours in a week. The work week is defined by your employer, and doesn’t necessarily mean Monday through Friday. And holidays aren’t automatically considered overtime. It’s up to the employer whether they want to pay extra for working on a holiday.
  3. Certain employees are exempt from getting overtime. If your job is considered “professional, administrative or executive,” you may be exempt. Examples of exempt employees: managers, secretaries, accountants, teachers, engineers, etc. The list goes on, and it’s not always clear.
  4. Certain employers are exempt from paying employees overtime. If your employer has less than $500,000 a year in revenue, they are likely exempt.
  5. There are attorneys who take on overtime and unpaid wage cases, both for individuals and groups of employees who have similar claims (a class action lawsuit). Attorney fees in these cases are either a contingency fee (a percentage of what they’re able to recover for you, but nothing if you get nothing) or an hourly fee. If you sue your employer and win, the employer may have to pay your attorney’s fees.

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New Illinois legal information

Tuesday, April 19th, 2011

We are always trying to add new content to our website.   Recently we created a bunch of new pages based on basic information that we think would be helpful for everyone.  Basically all of these new links below are the minimum information you should be aware of if you have a case.

http://www.findgreatlawyers.com/illinois-workers-compensation-law-101.htm
http://www.findgreatlawyers.com/illinois-traffic-defense-law-101.htm
http://www.findgreatlawyers.com/illinois-personal-injury-law-101.htm
http://www.findgreatlawyers.com/illinois-medical-malpractice-law-101.htm
http://www.findgreatlawyers.com/illinois-employment-law-101.htm
http://www.findgreatlawyers.com/illinois-federal-criminal-law-101.htm
http://www.findgreatlawyers.com/illinois-dui-defense-101.htm
http://www.findgreatlawyers.com/illinois-divorce-law-101.htm
http://www.findgreatlawyers.com/illinois-criminal-law-101.htm

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Joint custody agreement termination in Illinois

Monday, April 18th, 2011

You and your ex spouse share joint custody of your children.   Decisions about your children’s upbringing are being made according to your joint parenting agreement. But it’s not working anymore:  you can’t agree on anything because you can’t properly communicate with each other to make decisions.  So you go to court to end joint custody and terminate the agreement.  But what happens next?  It may not end up working out how you want.

In a recent Illinois family law case, a father did just that.  He went to court to petition to terminate the joint parenting agreement that had been in place for several years, and to modify joint custody.  He asked the court to award him sole custody of the children.

The judge looked into the parenting situation, and agreed that joint parenting should end, even though the mother argued in favor of keeping it in place.  There had been a significant enough change in how they were communicating with each other about parenting issues, that it was no longer working.  The joint parenting agreement was terminated.

But once that was done, the next step was to take a brand new look at which parent was better suited for having sole custody of the children.  A determination of what was in the children’s best interest was made, despite the fact that the father was the one that brought this matter to the court in the first place.

The judge listened to the parents’ testimony, spoke with the children, and heard from a court-appointed evaluator and a guardian for the children.  The decision was then made that the mother should have sole custody.  She had had primary physical custody during the joint custody years, and the children had established strong ties to her home and community.

So the father got part of what he was looking for.  He ended the joint arrangement that he alone wanted to end.  His ex had been content to let the joint custody continue.  Yet in the final analysis he lost custody of his children and she gained sole custody.  He was given liberal visitation, but that was not what he was looking for when he opened up the arrangement.

Joint parenting can be wonderful for the children and for the parents when it works well. If ex’s are able to communicate effectively to make decisions together, everyone can benefit.  But unfortunately when it’s not working, there may be no choice but take your chances and end the collaboration.

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Popcorn lung exposure at work.

Friday, April 15th, 2011

If you work or have worked in a plant that makes microwave popcorn or other food products using the chemical Diacetyl, you should be especially aware of any breathing-related issues you may be experiencing.  Diacetyl is a chemical flavoring that is most frequently used to give a buttery flavor and smell to foods like microwave popcorn, and is also used in making other foods like ice cream, candy, and cakes.

Exposure to this chemical during production has been found to be very dangerous, and puts workers at risk for developing the disease known as “Popcorn Lung.”  This disease affects the lungs by causing blockage in the airways, and drastically reducing lung capacity.  Two other chemicals, polyamide-amine dyes and thionyl chloride fumes may also cause Popcorn Lung disease.

The symptoms may develop gradually or come on suddenly, and typically include coughing, wheezing, and extreme shortness of breath.  There is a wide range of severity of symptoms.  Part of the problem in diagnosing the disease is that the symptoms often mirror those of more common breathing issues like asthma and emphysema.

If you’ve had any exposure to these chemicals at work, it’s best to be proactive and see a doctor to be checked out.  Whether your company is manufacturing microwave popcorn, or another product with these chemicals, you could be at risk.  Being under a doctor’s care may be critical.  Even if your symptoms seem mild, or you have no symptoms at all, you should be tested for Popcorn Lung disease if you’ve had exposure.

Unfortunately, the damage that is caused by Diacetyl exposure cannot be reversed.  Even if you feel better when you leave work, your lungs are not actually clearing.  Patients have undergone lung transplants in serious cases.

There is a booklet put out by the National Institute for Occupational Safety and Health (NIOSH) called “NIOSH ALERT: Preventing Lung Disease in Workers Who Use or Make Flavorings” that can be helpful if you are exposed to Diacetyl or the other chemicals that can cause the disease.  It is important to be informed and to get tested by a doctor.  If you have any questions concerning workplace issues and this exposure, feel free to contact us and we can guide you through it.

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Wrongful death lawsuits in Illinois

Thursday, April 14th, 2011

brandy accident 300x198 Brandy Norwood Car Accident Photos

Wrongful death lawsuits in Illinois

A wrongful death lawsuit is against the person or entity that caused the death. The lawsuit is usually brought by the family (spouse, parents) of the deceased, or technically speaking, by the “estate.” Some of the more common cases include car accidents, work accidents, defective products, and medical errors.

In Illinois, the deadline for filing a wrongful death lawsuit is two years from the accident date or the date of death. There may be some exceptions that apply in any give case. For example, if you are suing a government agency or entity, like a county hospital, you might only have one year to sue. It’s important not to wait too long to look into it, because if you miss your chance you probably won’t get another.

Attorneys who handle these cases (like most injury cases) charge on a contingency basis. They should take the case, file the lawsuit and see it through to the end – whether that’s settlement or trial – without charging you anything. They get paid if and when you win and make a recovery. Their fee is a portion (usually around a third) of what you agree upon in settlement or win at trial.

These cases are sometimes worth a lot and sometimes they are worth very little. It depends on a combination of things, such as medical expenses, the age and earnings of the deceased and whether family members depended on them for support. In addition, juries can make widely different decisions in seemingly similar cases. So a case might be worth one amount in Cook County and a completely different amount in Will County.

Not all injury attorneys have experience handling wrongful death cases, so choose wisely. Ask what kind of cases they handle most often, and ask about past success. And trust your gut feeling. You don’t have to hire the first attorney you meet with.

What happens when you die without a will in Illinois?

Dying without a will is called dying “intestate.” When a person dies intestate, the law determines who inherits their estate. The intestacy laws in Illinois aim to give property and assets to the closest family members of the deceased. However, the law is generic and doesn’t always match up with what a person would want to happen upon their death, which is why a personalized will is usually recommended.

The law says that if you are married and have children, your spouse gets half of your estate and your kids get the other half. If you don’t have kids, your spouse inherits everything. If you have no spouse and no children, your estate goes to your immediate family (brothers, sisters, parents).

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Top 5 tips if you get hurt at work

Wednesday, April 13th, 2011

Workers’ compensation is an area of law not many people think about, until they’re injured. Here are five things you should know.

1.    You have to notify your employer. The law says you have 45 days to tell them about a work injury, but sooner is usually better. Waiting can give your employer a chance to argue that your injury happened outside of work. If you miss the deadline, your claim can be denied. Report your injury to your supervisor, in writing.

2.    See your doctor right away. Don’t try to tough it out. Waiting can hurt your claim for benefits because your doctor might not be able to confidently say that your job is what caused the injury. You get to pick which doctor you see, and your medical bills should be covered 100%. And if your doctor gives you work restrictions (don’t lift anything over 10 lbs., for example), listen. Don’t shovel snow or help a friend move. Sometimes the insurance company uses surveillance to catch you doing these things.

3.    You can’t sue your employer. Workers’ comp is a tradeoff. Injured workers are entitled to compensation if they get hurt on the job (medical bills, lost wages, payment for permanent injury). It’s quicker than going through a lawsuit and it doesn’t matter who was at fault. In exchange, employers are protected against lawsuits from injured employees. You may be able to sue a third party, however.

4.    Beware of the insurance company. Throughout the process, you’ll be dealing with your employer’s insurer. They know what they’re doing; they handle claims day in and day out. Their goal is to pay out as little money as possible. So don’t take their advice on which doctors to see or whether you need an attorney. Don’t give them a statement. Don’t let them come with you to any medical appointments, and don’t give them permission to speak with your doctor about your treatment.

5.    Get an attorney. Yes, we attorneys always say this. But here is my experience: If you don’t have an attorney, the insurance company will take advantage of you. They might delay and hope you go away. They will undervalue your claim. They might not offer a settlement when your treatment is complete, and if they do, it’s going to be low.

Most employers are required by law to have workers’ compensation insurance for their employees. If you get hurt on the job, whether it’s a repetitive stress injury or something more sudden, you should be covered. If your employer tells you that you aren’t covered, get a second opinion.

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Disability payments continue for the duration of the physical or mental disability.

Tuesday, April 12th, 2011

After you have had a work injury that leaves you with a partial disability, you should be entitled to benefits for the loss to your wages.  Illinois workers’ compensation law allows you to get payments for the difference in what you could have earned before the injury from your accident.

The payments that you are able to get for your lost wages continue for the “duration” of your “disability.”  Insurance companies have tried to make the argument that this means they can stop paying when you’re no longer suffering an “economic” disability from your injury.  In other words, if you are at retirement age, or have suffered some other illness which would affect your ability to work, then your disability has technically ended, and so should your benefits.

Illinois courts have said that your disability continues and your benefits continue as long as your physical or mental disability from the work injury continues.  Other economic factors are not relevant, once the benefit amounts are determined.

A recent Illinois case involved this kind of cut-off claim.  A worker injured her back on the job and after extensive treatment, was on permanent restriction from some of her job duties and activities.  She went to court to try to get wage differential benefits to cover her lost income from the injury.

The insurance company wanted to have a cut-off of the payments, so that they would end when she would be the age that she would likely not be working anymore.  The insurer argued that when the law says they have to pay benefits for the duration of the disability, that the disability ends when her work life would end– because there wouldn’t be an economic disability any longer.

This argument was rejected—the Illinois court said that wage benefits are supposed to continue as long as the actual physical or mental disability continues—economic factors aren’t relevant to defining the disability or how long the disability lasts.  Also, the age that an injured worker would retire does not necessarily end the wage benefits.

The court is clarifying that you can consider dollars and cents in figuring out how the injury affected the wages you can earn.  But these factors don’t come into play when you’re looking at defining the disability or the duration of the disability for cutting off wage benefits.

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