P&N BLOG | Three Myths About Workers’ Compensation Explained
Workers Compensation is a specialized area of law that has a lot of misconceptions and myths. Here at the Law Offices of Parente & Norem, P.C. our experienced attorneys will evaluate your case, and explore every possible avenue to get you the treatment and compensation you deserve. Our experience, dedication, and proven results will ensure you will never fall prey to the misinformation out there about Workers’ Compensation.
In this article, we will cover three facts about workers compensation you may not know. While every case is unique and our team will go over details that apply to only you, these three facts are universal in the eyes of the law.
Who’s At Fault In Your Workers Compensation Case Doesn’t Matter
Workers Compensation is ‘no-fault’ meaning it doesn’t matter who is responsible for your injury. Whether you made a mistake, or your employer did, neither matters when seeking compensation. However, you can be disqualified from making a claim if you were under the influence of drugs or alcohol, engaging in horseplay or illegal activity when the injury occured.
There Is A Time Limit To Your Claim
When you’re injured on the job, it is imperative that you report the injury to your employer immediately, or as soon as possible. There are time limits to worker compensation claims, known as the statute of limitations. If you wait too long to report your injury or file a claim, you could be deemed ineligible.
Remote Workers Are Entitled To Workers Compensation
COVID-19 changed the landscape of many workplaces, causing people to work remotely from home or other satellite locations. Workers Compensation has nothing to do with the location you are in when your injury occurs. The only thing that matters when filing a Workers Compensation claim is whether or not you were on company time. If you were injured on company time while working remotely or at a satellite location due to unsafe conditions, you may be entitled to even more compensation by filing a third party claim.
The best way to get the most accurate information on your Workers’ Compensation claim is to contact us here at the Law Offices of Parente & Norem, P.C. today for a full case evaluation.
P&N BLOG | Broker and Shipper Liability Explained
Broker and Shipper liability is a highly specialized and often missed area of commercial trucking liability cases. The reason this area of the law is so important is because many people believe the liability in commercial trucking accidents ends with the insurance maximums of the carrier. Here at Parente & Norem, P.C. we can analyze your case to see if Broker and Shipper liability exists, thereby increasing the amount of insurance to pursue. It can be complicated for the layperson to understand. In this article, we will break down the basics.
Carriers, also commonly known as the drivers of commercial trucks, are typically independently owned and operated by individuals who contract out their services to brokers and shippers to get their goods from point A to point B. Carriers carry insurance, but that insurance policy usually has a maximum benefit payout. This is why it is imperative to investigate if other factors could have been involved.
Brokers are the companies who hire the drivers or carriers. By law, they are legally responsible for driver negligence based on the control they retain and exercise over the driver. While drivers are often listed as independently owned and operated, oftentimes, brokers control the drivers from beginning to end. They can be held legally responsible for hiring bad or incompetent drivers. Parente & Norem, P.C. will review your case to see if the brokers had control of the truck driver (carrier) at the time of the incident, and determine how much liability they hold.
Shippers are the companies that own the cargo being transported by the carrier. Shippers should be analyzed in your case to determine if they have any liability when it comes to the cargo. Cargo can be loaded improperly by the shipper, the trailer can become overloaded making it unsafe, and the cargo can also fail to be secured to the trailer. The shippers can also be negligent in vetting their carriers for unsafe records.
At Parente & Norem, P.C. all of these factors will be taken into consideration when we evaluate your commercial trucking case. It’s our experience, dedication, and proven results that have had our clients awarded millions of dollars. We win BIG CASES!
P&N BLOG | What You Need To Know About Mesothelioma
Mesothelioma is a type of cancer that affects the lining of the lungs, stomach, heart, and sometimes other organs. This is a serious disease that often doesn’t reveal itself until several years after asbestos exposure. If you have been diagnosed with mesothelioma, it is important to have a law firm like Parente & Norem, P.C. on your side.
Symptoms of mesothelioma appear when the cancer has grown large enough to press against the chest wall and abdominal cavity. These symptoms can include: shortness of breath, chest pain, dry cough, respiratory complications, fever and night sweats, fatigue, muscle weakness, and fluid around the lungs. The most common form of mesothelioma is found in the lungs. Mesothelioma is a very rare incurable condition affecting approximately 20,000 people per year. Once diagnosed, the prognosis is usually poor for these patients with a life expectancy of around twelve months.
Since symptoms take so long to present themselves, mesothelioma cases can bring certain challenges. Our Chicago Area mesothelioma lawyers at Parente & Norem, P.C. have the experience with these cases and know how to overcome any of the unique barriers these cases can present. Our team will research and dig deep to get you the compensation you deserve to pay for medical treatment and other expenses your illness may incur. If you were exposed by a third party’s negligence, we can represent you to hold them accountable as well.
Mesothelioma is caused by long and prolonged exposure to asbestos. Asbestos is a naturally occurring mineral, however, once its fireproofing properties were discovered it was widely used in many industries at the start of the Industrial Revolution, and not regulated by the government until the 1970’s. It was also used by every branch of the military. While in its origins, the use of asbestos was in keeping workers safe, however, asbestos continued to be widely used by manufacturers even after it was shown to cause harm. Even today, the use of asbestos is not illegal. Products that once contained large amounts of asbestos included cement, auto brake pads, thermo insulation for homes and offices, and roofing materials just to name a few.
Because Parente & Norem, P.C. is well versed in both Workers Compensation and Personal Injury law, we have two different avenues to explore for your full and fair compensation. When we evaluate your case, our team will determine which path best suits your case. Sometimes it can be both Workers Compensation and Personal Injury.
Founded in 1996, The Law Offices of Parente & Norem, P.C. has had a history of experience, dedication, and proven results. We have a reputation for securing compensation for those injured through negligence. That’s the level of trusted knowledge on your side when you choose a skilled Chicago Area Mesothelioma Attorney.
P&N BLOG | Nursing Home Abuse & Neglect Explained
Nursing home abuse and neglect affects thousands of families each year. According to the NCOA, as many as 5,000,000 people are affected by elder abuse annually. However, when it comes to nursing home abuse and neglect, it’s important to understand the facts. At Parente & Norem, P.C., our experienced attorneys can help guide you through the process of getting justice for your loved one who may be a victim of nursing home abuse and neglect. In this article, we will cover some of the facts regarding these cases to help you better understand what nursing home abuse and neglect is, how to spot it, and what you can do to help your loved one.
Abuse Vs. Neglect in a Nursing Home
One of the biggest myths about nursing home abuse and neglect, is that abuse only covers physical injuries that occur while someone is in the care of a long term care facility. Many don’t realize that neglect is also a form of abuse. Even accidental neglect is abusive, and intent does not absolve the facility and its staff from liability. Accidents such as a resident getting the wrong dosage of medication, or being given the wrong medication in error can have severe life altering consequences.
Neglect can also cover staffing shortages, improper training, and the facility’s failure to properly screen and background check their employees. Also, failing to report any injury, illness, or incident to family or guardians in a timely manner are also forms of neglect. Other forms of neglect can be medical, social and emotional, refusal of basic living needs, and lack of personal hygiene.
Abuse is also not limited to physical injury. Abuse can be emotional, sexual, and financial as well.
How to Spot Nursing Home Abuse and Neglect
While nursing home abuse can be very hard to detect, there are some common warning signs and symptoms. These can include:
- Sudden onset of aggression, anxiety, agitation, or significant personality changes
- Bedsores, broken bones, bruises, and burns
- Dehydration, malnutrition, or sudden change in appetite
- New or untreated medical conditions
- Insomnia or changes in sleeping patterns
- Personal hygiene issues
- Other unexplained injuries, illnesses, or behaviors
How to help your loved one
Be sure to document any changes, incidents, injuries, etc., and communications with the facility’s staff. Then contact an experienced nursing home abuse and neglect attorney. Click here for your free case evaluation.
P&N BLOG | Medical Malpractice and Wrongful Death Explained
You may have heard the terms ‘medical malpractice’ and ‘wrongful death’ before, but what do they mean? Are they different? Can medical negligence result in a wrongful death? Is a wrongful death claim only limited to something going wrong medically, or does it apply to other types of negligence as well? Here at Parente & Norem, PC we have all of the answers you need to these questions.
Medical Malpractice
Let’s start with medical malpractice, also referred to as ‘medical negligence.’ This occurs when a healthcare worker is negligent, or administering care outside of their licensed scope, and a patient is harmed. Medical malpractice is the third leading cause of death in the United States after heart disease and cancer. You can be the victim of medical malpractice at any stage of the treatment process from diagnosis to follow up. Medical malpractice can also lead to a wrongful death claim if negligence directly resulted in the death of the patient.
Wrongful Death
Wrongful Death has a wider scope under the law than medical malpractice. While medical malpractice is limited to the actions of those administering medical care, wrongful death may be defined as the legal claim that something or someone caused the death of another. This can cover a myriad of events from nursing home abuse and neglect, defective products, dog bites, recalled motor vehicles, assault, and automobile accidents caused by negligence.
The main difference between medical malpractice and wrongful death lies in their definitions. Medical malpractice involves negligence while wrongful death is a legal claim. Medical malpractice can result in a wrongful death claim. A lawyer can help you navigate these definitions and how to proceed.
If you believe you or someone you love has been the victim of medical malpractice or wrongful death, it is important to contact an attorney right away as there is a relatively short amount of time to file your case. Contact our attorneys today for more information and a free case evaluation.