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When healthcare providers deviate from the accepted standards of care, and patients suffer adverse health effects as a result, it may constitute medical malpractice. Unfortunately, several types of medical mistakes commonly occur, causing injury or illness, worsened health condition, or death for patients. 
If a patient believes medical malpractice has occurred, then it is best to start consulting legal representation. Documents a lawyer might require can include medical records, hospital records, labs, and even doctor and nurse notes. These can be used to prove several of the elements of malpractice, which might also be referred to as the four d’s. 
A Personal injury lawsuit is the civil route that an injured victim can take to recover financial compensation from the party responsible for his or her injuries. The burden of proof lies with the victim to prove that the accident was due to the negligence of another party, and that it resulted in injury or death. If this can be proven to the court, then the injured party may be awarded damages. The claim might also be resolved through a settlement prior to trial.
If you were injured in a trucking accident in Chicago, Berwyn, Oak Lawn, Cicero, or a nearby community, call the injury attorneys at Lloyd Miller Law for a free consultation.

Call: 773-838-8100

Workers’ Compensation: Large Verdict vs Employer for Retaliatory Discharge

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Workers’ compensation: Large Verdict vs Employer for retaliatory discharge. We have opined on numerous occasion upon the issue of worker’s compensation and retaliatory discharge(see myaccidentlaw.com or grazianvolpe.com for articles more articles discussing issues of law) informing the injured employees not to fear retaliatory discharge because they insist upon medical treatment for work related injury. A recent verdict in Illinois brings our point home in a very large way! A plaintiff-worker was awarded a $4.2 in damages for past and future lost income, past and future lost benefits, emotional distress and punitive damages. Of the plaintiff’s damages, the court awarded $3.6 million in punitive damages against his employer for retaliatory discharge!

The facts are simple and very common. Plaintiff filed suit against his employer when he was discharged as facility supervisor after seeking workers’ compensation. Plaintiff’s employer argues that Plaintiff refused to accept a demotion and voluntarily terminated his own employment.

Plaintiff sued his employer for $4.2 million, stating that he was terminated in retaliation for exercising his right to treatment under the Illinois Worker’s Compensation Act. The jury found for plaintiff and awarded more than $4.2 including the $3.6 in punitive damages.

It is clear that despite recent worker’s compensation legislative reform, workers’ still need the protection of the Illinois Workers’ Compensation Act and the jury wanted to send a clear message that employees cannot be fired for seeking medical care for work injuries. In this case, the employee saw both the employer’s doctors and a doctor of his own choosing.

Under the new legislative reform of Workers Compensation, workers’ maybe compelled to see a doctor of the employer’s choice but if he or she is not satisfied with treatment,  she may see a doctor of her own choosing and cannot be deterred or discriminated against by the employer for making this choice (see GrazianVolpe.com article to be posted August 5, 2011).

Your South Chicago Accident Lawyers at Grazian and Volpe have over 25 years in advocating and protecting workers’ rights.  As experienced and seasoned Chicago personal injury attorneys we want all worker’s to be informed and understand their rights to medical treatment without fear of employer retaliation. For more information please follow us on WCIU, You and Me in the Morning, YouTube and Facebook where we answer questions and offer comment and advice on personal and workplace injury law and issues. Remember a call to our office or in office consultation is always provided without cost and for you benefit.

About the Author

Kurt D. Lloyd is a plaintiff’s trial lawyer who focuses on medical malpractice and other catastrophic injury cases. He lives in Chicago and represents injured clients throughout Illinois. He is also the founder of Lloyd Law Group, Ltd.

Chicago accident lawyer Kurt D. Lloyd