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McNamara Phelan McSteen, LLC

Will County construction site accident lawyerOf all the jobs in Illinois, construction work exposes workers to some of the most consistently dangerous conditions. Throughout the United States, heavy machinery, slippery conditions, unstable scaffolding, and other risk factors contributed to over 1,100 construction worker deaths in 2019 alone, with many tens of thousands of construction site injuries. While most injuries are not life-threatening, others are serious enough to take a worker off the job for months and sometimes even permanently. Here are some of the most common injuries sustained by construction workers in Illinois. 

Common Construction Site Accidents 

The United States Department of Labor keeps statistics on construction industry accidents. According to their estimates, the most common cause of injuries and fatalities were falls, slips, and trips. Most fatalities occur when someone falls to a lower level. Other common causes of serious accidents include: 

  • Electrocution
  • Being struck by a swinging or falling object
  • Getting caught in or hit by equipment or machinery 
  • Reckless drivers next to roadway construction sites
  • Ground collapses

Common injuries from these accidents include, but are not limited to: 

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joliet truck accident lawyerTrucks play a critical role in U.S. commerce. In fact, it could be said that if trucks ground to a halt, the American economy would grind to a halt as well. Although the economic benefit is undeniable, there are negative externalities to having so many large trucks on the road. For example, thousands of Americans are injured or killed in large truck accidents annually. Of course, many of these crashes involve a truck colliding with another vehicle. However, in other instances, the damage is not caused by the rig itself, but by what is inside of it. Semi-truck cargo spills are responsible for serious traffic accidents on Illinois roads every year. When a truck loses the cargo it is hauling, the potential for destruction is immense. The cargo could pose a hazard to other vehicles, and the truck may become imbalanced and either tip over or enter a jackknife. Victims are often left with debilitating injuries and may take months or even years to recover from. Additionally, they could face other obstacles, like medical debt and job loss. Although their circumstances are often dire, they may have legal recourse if the crash was a result of negligence or wrongdoing.

Who Could Be Liable for Truck Cargo Spill Accidents?

When people think of liable parties in the truck accident context, they tend to think of the driver; however, many different parties may actually be liable.

For example, if a driver was frequently told by the trucking company to disobey Hours of Service rules limiting a driver’s daily road hours, the trucking company may be liable. If the crash was caused by defective equipment such as defective tiedowns, the company that designed, manufactured, or sold the equipment may be liable. Though rare, if poor road conditions caused the truck driver to lose control and the cargo to break loose, the government agency responsible for road upkeep may even be liable for damages.

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joliet personal injury lawyerProperty owners have certain obligations under Illinois Law. They must create a safe environment free of dangerous conditions for all who enter the premises. If a visitor is injured by a hazard on their property, they may be liable under Illinois premises liability law.

There are ways the property owner can escape liability. If the hazard can be considered “open and obvious”, the property owner may not be at fault. The property owner may argue that the victim should have been aware of the dangerous condition and avoided injury. However, the open and obvious rule has its own exception called “the distraction exception.”

What Is the Distraction Exception?

The distraction exception creates a cause of action against the property owner, even if the victim was injured by a hazard that was “open and obvious.”

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joliet personal injury lawyerGoing to the pool is a popular pastime for many. Unfortunately, for thousands of Americans, their time at the pool ends with more than a nice tan. According to the Pool Safety Foundation, more than 2,000 children under the age of five suffer submersion injuries every year, and many of these injuries occur at pools. Thousands of adults suffer injuries as well.

Victims that survive are often left with debilitating permanent disabilities, such as brain damage. They may have difficulty concentrating and recalling information, making a normal life difficult. In addition to physical injuries, victims face other challenges, such as medical debt and financial instability.

Although their situation is dire, they may have a cause of action under Illinois premises liability law. If their injuries were caused by the pool owner’s negligence, they can file a lawsuit against them. A successful suit may result in a significant financial award.

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 joliet nursing home abuse lawyerThe number of elder abuse cases in this country is alarming. It is estimated that five million seniors are abused each year. One in 10 seniors over the age of 60 report having suffered at least one incident of elder abuse. One of the most common places where this abuse takes place is nursing homes. Almost 40 percent of nursing home residents report they have witnessed another resident suffer abuse of another resident within the prior 12 months, 10 percent of nursing home staff have admitted to physically abusing a resident, and 40 percent have admitted to emotionally abusing residents.

Keeping Track of Nursing Home Facilities with Track Records of Abuse and Neglect

In an effort to protect elderly residents, the Centers for Medicare & Medicaid Services (CMS) established the Special Focus Facility (SFF) program that identifies nursing homes that have very poor records of caring for residents. Once CMS has placed a facility on the SFF list, that facility must make significant improvements on the quality of care they are providing residents and to put in place best practices policies. Facilities have 18 to 24 months to make these improvements in order to “graduate” from the program and be removed from the list. If the facility fails to do so within the required time period, it faces termination from Medicare and Medicaid participation, which will likely result in the facility closing. What Deficiencies Will Place a Facility on the SFF List?

The CMS sends inspectors out on a regular basis to inspect facilities to make sure they are providing the care to residents that is required by Medicare and Medicaid. Any failures are cited as deficiencies. According to the CMS, the majority of facilities have an average of six to seven deficiencies. However, facilities that end up on the SFF list have one or more of the following records:

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