An important piece of legislation was recently introduced in Congress that, if passed, will change the way that Medicare secondary payer rules for certain claims, including workers’ compensation, are applied. The legislation is called the “Strengthening Medicare And Repaying Taxpayers Act of 2011 (a/k/a HR 1063 or the SMART Act) and was sponsored by Congressmen […]

If you live in Chicago and use taxis there is a good chance you have heard about Uber, Side Car and Lift. If you think that these car services are a good deal and cheaper than a cab, you may want to think again! The price may be right but the real problem is the […]

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Jury Instruction Social Networking (Day on Torts) North Carolina: Jail Time for Uninsured Employers (Workers’ Compensation Blog) Cell Phone Use Cited in 24% of Motor Vehicle Crashes (Personal Injury and Social Security Disability blog) NFL Concussion Website […]

Congress is currently considering legislation that would provide monetary grants to states mandating random safety checkpoints for motorcycles. Georgia and New York already have similar programs in place and the grants under consideration would encourage other states to implement similar laws. According to this Los Angeles Time article, the impetus behind the passage of this […]

In Caburnay v. Norwegian American Hospital, No. 1-10-1740, the plaintiff was an anesthesiologist who tripped and fell in the lobby of the hospital where he worked. On the date of the accident, he was waiting for an elevator when he tripped over a floor mat that he alleged was folded. As he fell, he hit […]

Last month we reported on a number of new Illinois laws going into effect. Another interesting new law of note is one that, in certain situations, allows motorcycles and bicycles to run red lights. The law provides that some motorcyclists and bicyclists can, after a reasonable amount of time, proceed through a red light. Although […]

The Chicago Tribune recently reported on a lawsuit arising from a bizarre set of circumstances, but which raised an interesting legal issue. The facts in the case, Zokhrabov v. Jeung-Hee Park. (2011 WL 6823803), are decidedly gory and tragic. On September 13, 2008, 18-year-old Hiroyuki Johowas struck by an Amtrak train traveling approximately 70 miles […]

In an earlier post, we outlined a number of new Illinois laws that recently went into effect with the start of 2012. One of those laws requires that everyone in a vehicle buckle up, including backseat riders. Previously, backseat riders over 18 were exempt from the requirement to use a seatbelt, but effective January 1, […]

As the economy limps along, everyone is looking for someone, or something, to blame. Increasingly, workers’ compensation programs have been targeted, with opponents portraying them as an unnecessary expense that undermines local businesses’ attempts to survive in this challenging economic climate. Critics of the workers’ compensation system offer what appear to be, at first glance, […]

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other beneficial medical malpractice regulatory laws that were included as part of the reform were scrapped as well due to a […]