Illinois Lawyer Referrals and Legal Guidance

The new amendments to the Illinois Workers’ Compensation Laws are in effect for injuries occurring September 1^st, 2011 or after.  Some of these changes will directly alter how you access you benefits under the law.  Here are 5 important changes you should know.

1.  Your choice of doctor now has limits.

Under the workers’ compensation system, you are entitled to receive benefits for treatment by two physicians, and others they refer you to, such as surgeons and therapists.  What is new, though, is that the choice of the two physicians is not solely up to you anymore.

Employers can now be part of preferred provider networks for workers’ compensation.  You can decide to use one of the doctors in the network for your first choice.  You can decide not to use any of the network doctors, but then you are left with only one choice of doctor.  So the only way to have two doctor picks under the new law, is to pick one from the network list and one of your own.

2.  Carpal Tunnel injury benefits are reduced.

Carpal Tunnel syndrome is an injury that impacts the use of the hand.  It is caused by repetitive stress, and frequently found in jobs that involve excessive typing.  Benefits for these injuries are paid based on a percentage of loss of the use of the hand.

With the recent changes in the law, the percentage loss is limited to 15%, unless you can clearly prove that you have a severe case, and then it could be as much as 30%.  The total number of weeks the benefits are available is now reduced to 190 weeks.

3.  Wage differential benefits for partial disabilities have a time limit.

If your injury still allows you to work, but causes your wages to be reduced because of your limitations, you are entitled to receive the percentage difference in pay.  Previously, these benefits could continue indefinitely, but now there is a cap.  You may receive the wage loss differential benefit for five years, or until you turn 67, whichever is later.

4.  Different criteria will be used to for permanent disability determinations.

A new, more objective, set of guidelines has been put in place to make the determination of a permanent partial disability.  Though no one, specific factor will be given more weight than any other, the American Medical Association guidelines will be used to evaluate the loss of range of motion, loss of strength and other factors that impact the extent of the impairment.  These AMA guidelines will be considered along with the occupation and age, future earning capacity, and other evidence of the disability contained in the medical records.  Subjective factors, such as the testimony of the employee are no longer part of the determination.

5.  Injuries where intoxication is an issue are handled differently.

If drug or alcohol use by a worker is found to have caused the accident, then benefits will not be allowed for the injury.  The employee has the responsibility to prove that the intoxication was not the cause.  If a drug or alcohol test is failed, or if the worker refuses the test, then there is a presumption that the substance was involved and caused the injury.  This is a hurdle that the worker will have to overcome in order to receive benefits in these situations.

Also, if the intoxication was not necessarily the cause of the accident, benefits could also be denied if the worker was so intoxicated at the time, that he or she would be considered to be acting outside the scope of the employment.

You’ve got the Sunday Night Blues…that feeling of dread knowing that the next morning you’re back to work, and back to facing a mean boss.  But what can you do about it?  In most cases of bad boss behavior, there’s not much you can do.

Unfortunately many company owners and managers don’t recognize that the key to the success of the business is often found in the hard work of its employees, and that employees are likely to work harder in a positive and encouraging work environment.   Instead, workers are often treated as though their contributions don’t matter.  Bosses mistreat workers by yelling, calling names, publicly insulting, threatening, and worse.

Though this kind of work environment can be distressing, and even cause you anguish, it’s usually perfectly legal.  It’s not nice, and not good business practice, but it’s also not a legal case–unless it can be classified as discrimination or sexual harassment.

Bosses cannot discriminate against their workers based on their religion, race, gender, age, disability, etc.  They also cannot treat workers in a sexually intimidating or threatening way.  An employment law attorney can help to advise you whether your work situation is awful, or whether it could also be illegal.

The same is true for terminating employment. Even where you’re being fired, and it seems it’s for unfair reasons, or no reason at all, there may be nothing illegal going on.  In Illinois, most workers are “at-will” employees, which means that as long as there isn’t an illegal reason like discrimination, you can be fired at any time.

Whether it’s your boss’s treatment of you or being fired, even if it is based on something illegal, you can’t do much about it if you can’t prove it.  For example, you may be certain that you were fired because you’re 50 years old and the rest of the company is 30-something.  But your boss will likely be able to come up with something to else to show why you were fired.

In the end, bad bosses may turn the company into a bad business with a bad reputation.  But that’s small comfort if you find yourself unfairly fired, or forced to quit because you’re treated so badly.  If you can prove that it’s not just random and that it’s actually illegal, though, you may be able to put a stop to it.

An unethical and possibly unlawful practice by banks in Illinois has been snowballing recently.  It involves using your transactions in ways that generate more overdraft fees for the banks than they should be entitled to.

When you write checks or make debit card transactions, you likely assume that the money will be taken out of your account in the order that the checks came in or the debit card was swiped.  This is important, because if your account is overdrawn, you could be charged an overdraft fee for that transaction; generally a flat fee per transaction that is over your balance.   Likewise, it is reasonable to assume that deposits are credited in the order the bank receives them as well.

Yet in banks across Illinois, there has been a practice of changing around the ordering of your bank transactions in a way that would most benefit the bank if you write a check for larger than your available balance.

Here’s how it’s put into practice.  If you have $1000 in your bank account, and over a period of time you write 10 checks totaling $1100, you will be charged an overdraft fee for each check that was more than the $1000 you had left.  But if your first 9 checks had not put you over your balance, and only the 10^th one had, you should only be charged one fee.

The problem is, if the bank reshuffles your checks, and puts the larger ones through earlier, then you could end up over your $1000 after the 6^th check.  Then each of the rest of the checks will be assessed a fee.  So even if those checks are for very small amounts, each one will rack up a fee for you.

Similarly, if you deposit a check into your account during that period, it should be credited to you in a timely way.  If it is not, then you could go over your balance and start getting overdraft fees as well.

Bank statements can be complicated, and it’s sometimes hard to remember all the details of your spending.  So when you find out later that you were charged multiple fees, you may feel overwhelmed.  You count on the banks to have procedures in place to be sure this does not happen.

Further, this inappropriate bank practice is hurting people who feel it the most.  It targets those whose bank accounts are low, and who are often struggling to get by month to month.  By improperly assessing more charges onto those bank accounts, it becomes even harder to get into positive territory.  Bank customers do not need to be unfairly and unwittingly boosting revenues for the banks.  If this has happened to you, please click the contact us button on the left side of the page and we’ll suggest a lawyer for you to resolve this problem.  Attorneys who handle these cases only get paid if they win the case.

Under Illinois law, student records are confidential. This means that schools cannot disclose student records – including grades, special education information, attendance records, disciplinary reports, etc. – except to relevant school employees, the parents or the student themselves.

There are some specific instances where ISSRA does allow disclosure to third parties. These usually require the student or parent’s consent, a court order, an emergency situation, or one of the other exceptions spelled out in the law. For example, records can be released to probation officers, judges and others involved in a juvenile court proceeding. Usually, in the instances where a school is allowed to disclose records without consent, the parent or student still has the right to be notified.

Once a student turns 18, their parents no longer have automatic access to their file. The Illinois School Student Records Act (ISSRA) does not apply to private schools.

If your records, or those of your child, have been wrongly disclosed or shared, legal action may be an option. If you have questions about this law in general, about a particular part of the law, or about how it applies to a specific situation, please feel free contact us. You can also look at a school’s official handbook for more information. Schools are required to notify parents and students of the records law.

Here is the section of the Act on disclosure of student records:

105 ILCS 10/6Formerly cited as IL ST CH 122 ¶ 50-6

10/6. Parties entitled to access; notice to parents; record of release; consent

§ 6. (a) No school student records or information contained therein may be released, transferred, disclosed or otherwise disseminated, except as follows:

(1) To a parent or student or person specifically designated as a representative by a parent, as provided in paragraph (a) of Section 5;

(2) To an employee or official of the school or school district or State Board with current demonstrable educational or administrative interest in the student, in furtherance of such interest;

(3) To the official records custodian of another school within Illinois or an official with similar responsibilities of a school outside Illinois, in which the student has enrolled, or intends to enroll, upon the request of such official or student;

(4) To any person for the purpose of research, statistical reporting, or planning, provided that such research, statistical reporting, or planning is permissible under and undertaken in accordance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);

(5) Pursuant to a court order, provided that the parent shall be given prompt written notice upon receipt of such order of the terms of the order, the nature and substance of the information proposed to be released in compliance with such order and an opportunity to inspect and copy the school student records and to challenge their contents pursuant to Section 7;

(6) To any person as specifically required by State or federal law; (6.5) To juvenile authorities when necessary for the discharge of their official duties who request information prior to adjudication of the student and who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court. For purposes of this Section “juvenile authorities” means: (i) a judge of the circuit court and members of the staff of the court designated by the judge; (ii) parties to the proceedings under the Juvenile Court Act of 19871 and their attorneys; (iii) probation officers and court appointed advocates for the juvenile authorized by the judge hearing the case; (iv) any individual, public or private agency having custody of the child pursuant to court order; (v) any individual, public or private agency providing education, medical or mental health service to the child when the requested information is needed to determine the appropriate service or treatment for the minor; (vi) any potential placement provider when such release is authorized by the court for the limited purpose of determining the appropriateness of the potential placement; (vii) law enforcement officers and prosecutors; (viii) adult and juvenile prisoner review boards; (ix) authorized military personnel; (x) individuals authorized by court;

(7) Subject to regulations of the State Board, in connection with an emergency, to appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons;

(8) To any person, with the prior specific dated written consent of the parent designating the person to whom the records may be released, provided that at the time any such consent is requested or obtained, the parent shall be advised in writing that he has the right to inspect and copy such records in accordance with Section 5, to challenge their contents in accordance with Section 7 and to limit any such consent to designated records or designated portions of the information contained therein;

(9) To a governmental agency, or social service agency contracted by a governmental agency, in furtherance of an investigation of a student’s school attendance pursuant to the compulsory student attendance laws of this State, provided that the records are released to the employee or agent designated by the agency;

(10) To those SHOCAP committee members who fall within the meaning of “state and local officials and authorities”, as those terms are used within the meaning of the federal Family Educational Rights and Privacy Act, for the purposes of identifying serious habitual juvenile offenders and matching those offenders with community resources pursuant to Section 5-145 of the Juvenile Court Act of 1987, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the Family Educational Rights and Privacy Act;

(11) To the Department of Healthcare and Family Services in furtherance of the requirements of Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or Section 10 of the School Breakfast and Lunch Program Act; or

(12) To the State Board or another State government agency or between or among State government agencies in order to evaluate or audit federal and State programs or perform research and planning, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g).

(b) No information may be released pursuant to subparagraphs (3) or (6) of paragraph (a) of this Section 6 unless the parent receives prior written notice of the nature and substance of the information proposed to be released, and an opportunity to inspect and copy such records in accordance with Section 5 and to challenge their contents in accordance with Section 7. Provided, however, that such notice shall be sufficient if published in a local newspaper of general circulation or other publication directed generally to the parents involved where the proposed release of information is pursuant to subparagraph 6 of paragraph (a) in this Section 6 and relates to more than 25 students.

(c) A record of any release of information pursuant to this Section must be made and kept as a part of the school student record and subject to the access granted by Section 5. Such record of release shall be maintained for the life of the school student records and shall be available only to the parent and the official records custodian. Each record of release shall also include: (1) The nature and substance of the information released; (2) The name and signature of the official records custodian releasing such information; (3) The name of the person requesting such information, the capacity in which such a request has been made, and the purpose of such request; (4) The date of the release; and (5) A copy of any consent to such release.

(d) Except for the student and his parents, no person to whom information is released pursuant to this Section and no person specifically designated as a representative by a parent may permit any other person to have access to such information without a prior consent of the parent obtained in accordance with the requirements of subparagraph (8) of paragraph (a) of this Section.

(e) Nothing contained in this Act shall prohibit the publication of student directories which list student names, addresses and other identifying information and similar publications which comply with regulations issued by the State Board.

Some legal decisions are complicated and hard to make. But this is a no-brainer. Making a power of attorney for healthcare is easy and free.

Sudden severe injury or terminal illness can leave you incapacitated. If you can’t tell doctors what you want, whether it’s every medical treatment available or none at all, your loved ones will be stuck making these agonizing decisions for you.

A power of attorney for healthcare is a document that explains exactly what you want or don’t want. You can designate the person in charge of these decisions (called your agent) and explain to them exactly how you want them to act on your behalf. This simple document saves your family from having to make a tough decision, and most importantly it carries out your wishes about your medical treatment.

A power of attorney for healthcare form can be found online. Illinois power of attorney for healthcare. In most cases, you can do this without an attorney. It needs to be signed and dated.

Another important document to have is a living will. The living will is more specific. It does not designate an agent, but directly tells doctors what to do if you have a terminal condition. You get to choose what measures, if any, will be taken to keep you alive if death is imminent. This document needs to be witnessed.

If you have both documents prepared, the power of attorney is generally relied on first. If your agent can’t be found or is unable to make decisions for you, the living will is used.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Not if they are contract workers rather than employees. If a babysitter, home healthcare worker or housekeeper is hurt while working for you, they most likely cannot file a workers’ compensation claim. Only injured employees can file a claim.

It’s not always obvious whether someone is an employee or a contract worker, but there are some general guidelines. If you don’t take taxes out, and you issue a 1099 at the end of the year, these are clues that the person is a contract worker. The real test is the “right of control.” The more control you have over the worker, the more likely it is that they are your employee. For example, are they allowed to work for other people? Do you provide them with equipment or do they bring their own? What about a uniform? The bottom line is that the less you dictate, the more likely it is that they are a contract worker.

So if you hire an individual nurse (rather than a healthcare company) to care for a sick family member in your home and they get hurt while working for you, it’s probably not a workers’ compensation claim. That said, it’s worth reviewing your situation with an attorney to make sure.

Note that this doesn’t mean you have zero liability when it comes to injuries in your home. If the nurse gets hurt, he or she can still sue for negligence, just as any other visitor to your home could.

To learn more visit, http://www.findgreatlawyers.com/FAQS_IWCA.htm

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

FYI, here are new topics we have posted on our site of late.

Will County Criminal Attorneys

 QDRO
Hip Fractures
Sex Offender Registration

http://www.findgreatlawyers.com/chicago-personal-injury-attorneys.htm
http://www.findgreatlawyers.com/will-county-family-law-attorneys.htm