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Recent Blog Posts
What Are the Consequences of Theft Crimes in Illinois?
Criminal offenses such as theft, robbery, and burglary are often misunderstood crimes because they are frequently lumped together. However, they are different offenses. Under Illinois law, theft occurs any time a person’s actions result in the intentional and unauthorized taking of property or services.
Theft offenses are typically classified according to the dollar amount value of the item or service stolen and can range from misdemeanors to felonies depending on the circumstances. It is important to know the distinctions between them in case you are ever facing prosecution for theft in Illinois.
What Constitutes Theft?
Illinois law defines theft as occurring when a person knowingly:
- Takes unauthorized control over property of another
How Can OSHA Violations Lead to a Workplace Injury?
There is no doubt that certain jobs are more dangerous than others are. For example, a police officer faces the potential for physical injury on a daily basis, while an office or factory worker would not experience the same kinds of risks. However, workplace accidents can occur in any field of work. The Occupational Safety and Health Administration (OSHA) establishes standards and rules that detail the methods that employers must use to protect their employees from dangers and hazardous conditions. OSHA standards regulate construction work, maritime operations, and general industries. Regardless of the type of industry or injury, Illinois employees are generally entitled to workers’ compensation benefits if they are hurt on the job.
Common OSHA Violations
Even though OSHA falls under the U.S. Department of Labor, which is a federally regulated agency, employers or workers sometimes ignore or cut corners on safety standards. According to OSHA and the National Safety Council’s Safety + Health magazine, a few examples of commonly cited OSHA violations include failures related to:
What Are the Consequences of a Weapons Violation in Illinois?
The sheer number of homicides in the news over the past few years has put a spotlight on Chicago’s gun violence. Illinois statutes regulate the use, possession, and carrying of a firearm, but the law can be confusing, and even gun owners can sometimes misunderstand it. Illinois residents are allowed to possess a gun or ammunition if they qualify for a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police.
Any criminal charge involving a weapon is taken seriously in the state of Illinois. When a person is arrested for unlawful possession of a firearm, it can impact the rest of his or her life. In some cases, a criminal record can be hard to erase. Interviewing for a job or trying to secure a home loan can be difficult when a criminal charge comes up on a background check.
Unlawful Use of a Weapon Penalties
Under Illinois law, the unlawful use of a weapon (UUW) is a serious crime. If person does not have a conceal and carry permit, he or she can be charged with a misdemeanor UUW if he or she is found to be carrying a gun. If the gun was loaded and the person does not possess a FOID Card, he or she may be charged with an aggravated UUW, which is classified as a Class 4 felony in Illinois. Another example of a Class 4 felony is reckless discharge of a firearm. In certain scenarios, a second offense of these can be charged as a Class 3 felony. If a convicted felon is found in possession of a firearm, he or she may face a Class X felony.
Tips for Avoiding Car Accidents During an Illinois Winter
Certain parts of the country are notorious for extreme weather as the seasons change. For example, winter made an early entrance in Illinois with a snowstorm on Halloween this year. When roads become slick with ice and snow, drivers need to adjust their driving habits accordingly. It takes motorists longer to stop with any precipitation on the pavement. According to the AAA Foundation for Traffic Safety, severe weather is a factor in almost 500,000 crashes and more than 2,000 road deaths each winter.
If drivers are distracted or choose to speed despite the conditions, this behavior can have significant consequences, including serious car accidents. These crashes can involve minor to fatal injuries. In some cases, the collision could have been avoided if it were not for another driver’s negligent behavior.
Steps to Take Behind the Wheel in Bad Weather
Although driving in the winter should include common sense, such as slowing down, some people disregard the weather conditions and still drive like the roads are clear and dry even when they are slick and icy.
What You Need to Know About Field Sobriety Tests During an Illinois DUI Stop
According to statistics from the Centers for Disease Control and Prevention (CDC), 10,497 people died in alcohol-impaired driving crashes in 2016, accounting for 28 percent of all traffic-related deaths in the United States that year. One way of trying to prevent drunk driving crashes is by performing DUI stops. During this type of traffic stop, a police officer may ask an alleged drunk driver to submit to a series of tests to determine his or her level of impairment. A field sobriety test is used by police officers when a motorist is stopped for suspicion of driving under the influence of alcohol or drugs. However, the accuracy of these tests is often questioned. Consequently, it is important to note that a driver can refuse to submit to a field sobriety test without penalty in Illinois.
What Do the Tests Involve?
The Standard Field Sobriety Test (SFST) is a series of three tests that judge a person’s ability to perform certain tasks that require specific motor skills. Statistics show that these tests have been proven to confirm legal intoxication (.08 or higher BAC) in motorists suspected of drunk driving in 90 percent of cases if conducted properly by a law enforcement officer.
Tips for Preventing Construction Site Accident Injuries in Illinois
Workers in the construction industry face certain risks that employees who work in an office or corporate setting do not. Whether it is building a new house or a skyscraper, the labor can be physical and often dangerous. Construction jobs also involve heavy equipment and power tools so it is important to follow proper safety procedures.
Statistics from the Bureau of Labor Statistics (BLS) show that approximately 150,000 construction site injuries occur each year. The BLS also reported that even though falls make up the majority of these accidents, equipment malfunctions also significantly contributed to causing injuries to employees. Unfortunately, construction site accidents can happen and they can cause serious injuries and deaths.
Safety First
Any type of construction site must follow strict rules and regulations for safety reasons. These procedures are monitored by the Occupational Safety and Health Administration (OSHA). There are certain standards that are frequently violated in the construction industry. Below are some of the common construction site safety issues that if not properly addressed or followed, can cause an accident with injuries:
Filing a Permanent Partial Disability Workers’ Compensation Claim
Illinois is one of many states that require companies to carry insurance benefits for their employees to cover them in the unfortunate event of a workplace injury. Even if all the required safety measures are taken, accidents can and do happen on the job. Depending on the type of industry, injuries suffered can range from minor sprains or bruises to spinal cord damage. In some circumstances, a worker may never fully recover and is therefore entitled to permanent partial disability (PPD). Understanding the workers’ compensation process is integral to receiving benefits and moving on with your life.
Illinois Workers’ Comp Laws
According to Illinois employment law, employers (or their insurers) are obligated to pay permanent partial disability (PPD) benefits to an injured employee who sustained disfigurement or impairment but can still work up to a certain capacity. Permanent total disability (PTD) benefits are paid to an employee who is totally and permanently unable to work.
What Are the Requirements for Filing an Illinois Wrongful Death Claim?
Accidents of any type can result in serious injuries, but in some cases, they can also cause the wrongful death of the victim. The loss of a beloved relative can traumatize a family for years. It can be difficult to accept his or her untimely demise at the hands of another person. This can be especially true if the incident was preventable and was caused by a negligent party’s wrongdoing.
In certain situations, such as a homicide, the death may have been caused intentionally. Regardless of whether the death was the result of a motor vehicle accident or medical malpractice, the deceased person’s surviving spouse and next of kin may be entitled to monetary compensation. In some cases, this may be particularly important if the victim was the sole provider of the family’s income. It is important to know what constitutes wrongful death and how to seek damages for this type of tragedy.
Understanding School Zone Speed Limits in Illinois
In today’s society, everyone is busy, going from place to place in a hurry. However, speeding in Illinois is a serious criminal offense. Studies show that traveling at a high rate of speed can cause severe and even fatal car accidents. Speed limits are put in place to protect drivers and pedestrians. In school zones, the speed is reduced even more than on other roadways due the presence of young children. According to the Transportation Research Board, approximately 25,000 children are injured and 100 are killed in school zone accidents each year. It is important for any Illinois driver to know the speed limits when traveling in school zones to avoid a serious traffic violation.
Illinois Traffic Laws for School Zones
Under Illinois law, school zone speed limits are set at 20 miles per hour on school days when children are present. It is enforced only when children are likely to be on the street or outside the school building within the designated school zone parameters. However, the 20 mph speed limit is not in effect when children are inside the school building during normal class time.
Who Is Eligible for a Monitoring Device Driving Permit in Illinois?
Driving under the influence (DUI) of drugs or alcohol is illegal in all 50 states. There is also no denying that drunk driving endangers not only the driver but other motorists on the road as well. According to the National Highway Traffic Safety Administration (NHTSA), an average of one alcohol-impaired driving fatality occurs every 51 minutes in the United States.
A DUI charge carries severe consequences in Illinois. Some of the penalties can include fines, mandatory alcohol education classes, loss of driving privileges, or even jail time. Depending on the circumstances, however, a driver may be eligible for a monitoring device driving permit (MDDP).
What Are the Qualifications for MDDP?
In Illinois, a statutory summary suspension provides for the automatic suspension of driving
privileges for a driver who fails, refuses to submit to, or does not complete chemical testing for blood alcohol content (BAC) after being arrested on suspicion of DUI. During the suspension, a first-time DUI offender may be granted an MDDP from the Secretary of State’s office, which allows unlimited driving throughout the period.
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