General contractors should be aware that simply paying workers’ compensation insurance premiums for a subcontractor will not provide them with the exclusive remedy protection under the Illinois Workers’ Compensation Act. The Illinois Supreme Court confirmed that the exclusive remedy provisions of the Workers’ Compensation Act (820 ILCS 305/5(a), 11) do not extend to a general […]
Insurance Coverage
Illinois Update- Business Interruption Coverage Does Not Include Losses from COVID 19 Pandemic
At the beginning of the COVID-19 Pandemic, two weeks into the Illinois Shelter-In-Place Order, I wrote a blog about insurance coverage for business losses due to the COVID-19 Pandemic. At the time of that blog, more than a billion people were under some sort of quarantine law, and numerous US states and foreign countries had […]
Knee Reconstruction Surgery and Knee Revision Surgery: Settled for High Costs of Defense
Attorney Alex Sweis recently settled a high exposure knee surgery and pain injection case for a high cost of defense, take it or leave it offer. The plaintiff in the case allegedly sustained left knee ACL tear and underwent various pain management procedures on his cervical spine. The plaintiff underwent two knee surgeries and […]
Anatomy of a Dental Malpractice Action
Today’s reality is that most dental and medical providers will be sued. Below is a primer on the “anatomy” of a dental malpractice case. Lawsuits are controlled by state and federal law, but the basic anatomy of the lawsuit is the same in each state and follows the same general timeline. The term used in […]
Reducing Risks of a Dental Malpractice Action
The probability that a dental specialist will be sued is fairly high. It is impossible to avoid all lawsuits. As a defense attorney, we often tell our clients there is a low threshold for a malpractice suit to be filed against a professional. In Illinois and thirty-two states, all it takes to file a suit […]
DENTAL MALPRACTICE LAWSUITS ARE ON THE RISE
Dental specialists are increasingly being sued for professional malpractice. As one plaintiff’s counsel explained it, it is easier to get a Dental Specialist to settle than any other medical professionals these days. While most other medical professionals are aware that they are the target of lawsuits and have themselves been sued or see their colleagues […]
UNDERSTANDING INSURANCE POLICIES FOR SMALL AND MIDSIZE BUSINESSES
Small to midsize businesses often do not have legal teams to advise them on the types of insurance coverage they need to protect their businesses. They rely upon the broker to assess their needs without fully understanding what an insurance policy is. Below are some insurance coverage basics for both the novice and a refresher […]
The Continuing Evolution Of E-Scooters
Many commuters consider 2018 as “the year of the scooter” with Bird and Lime having started an electric battery-operated scooter service in California late in 2017. With a maximum speed of 15 mph, these short-range electric vehicles consist of a narrow platform on which the rider stands with 1 foot in front of the other […]
Businesses Face Criminal Penalties Yet Gain Protection Under Illinois Mask Rules
On August 11, 2020, Illinois Governor. J.B. Pritzker was successful in a second attempt to criminalize business owners who fail to enforce his mask rules. Under Illinois’ new mask rule, local police and prosecutors may impose criminal fines up to $2,500 to enforce his emergency mask order.
Employers Should Have a COVID-19-Return-to-Work Plan Before Reopening
As more states loosen the COVID-19 Shelter in Place laws and people begin to return to previously sheltered business, it is essential that businesses have a plan for how that return to work will look and, equally important, convey relevant portions of the plan to its employees.