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When you get laid off, it’s not uncommon for an employer to ask you to sign a severance agreement.  They do it for many reasons.  The first is that it creates some good will so hopefully you don’t do anything bad toward the company on your way out.  The second is that for the remaining employees, it shows that the company isn’t run by a bunch of no-good meanies, even if they let you go.

But the biggest reason that a company will do it is because they want to close the books on their relationship with you.  When you sign a severance, they give you some money and in return you waive your right to sue them for anything that might have happened while working there.  The key word in that sentence is sue.

In Illinois, a workers’ compensation claim is not a lawsuit.  It’s a claim for benefits.  And beyond that, you can’t waive away your rights to bring a work comp case.  The only way you lose your rights is by waiting to long to file your case or if you settle or go to trial at the Workers’ Compensation Commission.

So if you are given a severance that says you agree that you don’t have a work comp case or that you’ll never bring one against them, it’s not worth the paper it’s written on.  And while I wouldn’t encourage you to sign such a document, again, you can’t waive away those rights.

This came up recently from an e-mailer to my office.  The surprising thing was that his employer was a huge company and they were not only asking him to agree to waive his rights, but also wanted him to agree that if he ever did bring a workers’ compensation claim they could sue him to pay for their attorney fees.

That clause is completely unenforceable in my opinion and also ridiculous.  It’s surprising that such a big employer would try to get away with it because they surely know better, but when money is involved, people do strange things.

No matter who you are, if offered a severance you are also entitled to have a lawyer review that document and you certainly should as soon as it is presented to you.  If you don’t and later on you are not happy about it or claim that you weren’t aware of all of your rights, it will be too late.

Written by Michael Helfand

See also: Being Fired Because You Make Too Much Money

Pain and suffering damages, unlike economic damages such as medical bills, are subjective. It’s up to the jury in a personal injury trial, and one jury might come up with a completely different number than another jury. It’s especially difficult in these situations to give a client a guess as to how much their case is worth.

There are different types of pain and suffering to consider. Physical pain is one kind of pain for which you can seek compensation from the defendant. To prove physical pain, your attorney will rely on medical records, the testimony of a medical expert and testimony from you, as well. Family and friends also might testify about what they observe about you and how it’s different from what you were like prior to the injury.

Another type of pain and suffering is mental and emotional. Mental and emotional pain or anguish is common after a traumatic incident, such as a serious car accident. The person involved may be fearful or full of anxiety, and they might be afraid to travel in a car. Injuries from the accident also can cause emotional suffering, especially if those injuries are debilitating, permanent and/or obvious, such as scarring or amputation. Depression is common, as well.

In addition to explaining the type of suffering that the injured person is experiencing, an attorney will explain to the jury how it will have an impact on their life, now and in the future. Effects range from shortened lifespan and physical limitations to unemployment and depression. There is no formula for measuring pain and suffering and putting it into a dollar amount. An experienced and aggressive attorney will know how to explain it to the jury in a way they will understand.

Proving the extent of your pain and suffering – physical and emotional – is extremely important in a personal injury case. Doing this well is key to being fully compensated for all of the harm caused by the defendant. Your life has likely changed significantly. Take care to find an attorney who not only has years of experience in these cases but has had a lot of success, as well.

Written by Michael Helfand

The general rule is that independent contractors are not eligible for workers’ compensation benefits if they get injured on the job. The right to benefits is reserved for employees. However, some independent contractors end up getting benefits. The reason? They’re not actually independent contractors, at least not in the eyes of Illinois workers’ compensation law.

Just because you are paid as an independent contractor, and your employer calls you a contractor, doesn’t mean that you are. The law looks at several factors in determining whether you’re an employee or a contractor. It comes down to the details of your relationship with your employer.

The more control your employer has over you, the more likely it is that you are technically an employee. If your employer sets your schedule, assigns you clients, gives you a uniform, provides the supplies/tools/equipment you use to do your job, or provides a work vehicle, it might indicate that you are not as independent as you (or your boss) thought. Not all of these things have to be true in your case, and there are other factors that can tip the scale one way or the other, but if your employer tells you how to do the specifics of your job, you might be an employee.

It’s to an employer’s benefit to label someone as an independent contractor. Overall, it’s cheaper for them. Make sure your employer isn’t labeling you as such just because it’s better for them. If you are actually an employee, you are entitled to workers’ compensation benefits – including payment of medical bills and lost wages – if you get hurt at work. If you have a question about your status as an independent contractor in Illinois, let us know. If you truly are an independent contractor and you get injured on the job, you might have a personal injury lawsuit if someone else’s negligence caused your injury.

Written by Michael Helfand

We’re talking about the cases where someone slips and falls at a business, such as a grocery store. We can’t predict or guarantee an outcome 100%, but there are some cases that have a good chance of recovery and others that will likely go nowhere. Here are the makings of a “good” case:

A serious injury. We aren’t wishing this on anyone, but we’re simply pointing out that unless your injury is serious and/or permanent, you’ll have a harder time. If you sprain something and make a full recovery without any surgery or significant therapy, then there’s not much to go after in terms of a financial recovery. If, on the other hand, you suffer a serious injury that leaves lifelong effects, requires significant rehab and causes you to miss a lot of work, then there’s more to fight for. It will also be easier to find an attorney willing to take your case.

Evidence of negligence. This is a big one. If you can’t prove that the business owners or managers were at fault, then the law can’t make them pay for your injuries. When we say “fault” we mean legal fault. For a slip and fall in Illinois this usually means that the business knew about the hazard that caused your fall, like a leaky refrigerator in the cold food section that has been broken for some time. Or, if someone else warned a manager of a spill, and they failed to clean it up and you slipped and fell. Just the existence of a hazard (puddle, banana peel, etc.) isn’t enough to prove fault. If the floor is wet because it’s a rainy day and people are tracking water in, you might be out of luck.

Clear proof that your injury wasn’t caused by something else. This becomes a problem for people who don’t see a doctor right away or as soon as they start to feel pain. If you wait, the defendant will claim that your injury could have been caused by something you did at home, or at work, or anywhere else. If, on the other hand, you fill out an accident report and see your doctor (and explain to them exactly what happened), the other side will have a hard time shifting the blame.

If you have questions about something that happened to you, and whether it’s an Illinois legal case worth pursuing, give us a call. We promise to be honest about your chances, and most importantly, we’ll explain why.

Written by Michael Helfand

A wrongful birth case is not like a typical birth injury case. In a typical birth injury case, the parents are suing the doctor, hospital or other care provider for malpractice or negligence that resulted in an injury to their baby during labor or birth. A wrongful birth case, on the other hand, is where a doctor is sued for failure to warn parents of serious genetic or congenital conditions of the unborn child.

These cases aren’t all that common, as they can be difficult to win. In all types of birth injury and wrongful birth lawsuits, the money parents are seeking is to help them care for their disabled child, possibly for the rest of their lives. It can be expensive, both in terms of medical treatment and care, and in terms of time. One parent may have to forgo work to care for the child.

The reason wrongful birth lawsuits are different is because of what you need to prove in order to win. This is also why they can be controversial. Essentially, you must argue, and prove, that if you had known about the serious health condition you would have chosen to not go through with the pregnancy. So on top of proving that you were not properly informed (that the doctor breached the duty of care), you also have to argue that you would have chosen abortion had you been properly informed. It’s a difficult position to be in, but it comes down to caring for that child, who was born regardless of what might have happened.

A related type of case, which isn’t recognized in the United States, is a wrongful life lawsuit. This is a lawsuit by the person who was born (the child, or when they are an adult). They have to argue that they would have been better off had they not been born at all.

Wrongful birth and birth injury cases can be complex, and hiring an attorney who knows what they’re doing is key. There are Illinois law firms known for handling these cases and for their success in doing so.

Written by Michael Helfand

More and more women are developing complications from an implant known as vaginal or pelvic mesh. Doctors use this product to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), both of which are a result of weakened or stretched pelvic muscles.

Women who develop these conditions often find that it is attributable to multiple pregnancies, childbirth, hysterectomy and/or menopause. The mesh implant essentially supports the organs in the pelvis. Prior to the mesh implants, a more traditional surgery was often used.

Unfortunately, many women are suffering painful and frustrating side effects from the mesh, some of which are requiring surgery and/or causing permanent damage. Complications include erosion of the mesh and shifting that causes the mesh to protrude. Multiple problems can result, such as urinary problems, scarring, pain during sex, recurrence of Pelvic Organ Prolapse, injury to surrounding organs, perforations within the bladder, bowel and blood vessels, and recurring infections.

We are handling a lot of these cases lately. These are product liability lawsuits rather than medical malpractice. The blame usually lies with the manufacturer and not medical negligence by the doctor (although only a consultation with an experienced attorney can tell you for sure).
Some products have been recalled or discontinued because of the serious complications.

We work with attorneys who have extensive experience in medical products liability. Because of the number of complications and injuries caused by this mesh, there are attorneys who have specific experience with this product and have been successful against the manufacturers.

If you have any questions, let us know. It’s always free and confidential to talk to our attorneys.