Belleville Illinois Legal Blog

A review of quid pro quo employment harassment

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Thursday, June 14, 2018.

Anyone who has ever entered into a contract knows that generally, both parties must offer some consideration for the benefit of the other party. For example, an Illinois homeowner may agree to sell their house to a buyer in exchange for $500,000. Through the contract the parties agree to exchange money for the house, in essence giving each something in exchange for the other's consideration.

In the employment context, an illegal form of "something for something" bargaining is sometimes subjected upon workers by their superiors. Known as quid pro quo harassment, this form of employment persecution involves a supervisor or agent conditioning an employment benefit to an employee upon the employee's submission to sexual conduct.

Can an employer fire a worker for being pregnant?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Thursday, June 7, 2018.

Finding out that a baby is on their way is an exciting moment for most Illinois women. While they may have normal concerns about how they will parent and raise their children, many expectant moms enjoy the process of bringing new lives into the world. However, for some mothers, pregnancy brings with it a real and intimidating fear: the threat of losing one's job.

Pregnancy causes a woman's body to undergo serious physical stresses and changes. A woman may have less energy, feel sick or even experience pain throughout the nine months it takes for her child to grow and come into the world. As such, she may find that she is limited in the types of work that she can do while she is pregnant and may require assistance to do the work that she did prior to finding out that she was expecting.

Insurance mistakes people make after a car accident

On behalf of The Law Office of Van-Lear P. Eckert, PC on Sunday, June 3, 2018.

If you are part of a car accident, it's only natural to turn to anyone who can help improve your situation. This is why so many people immediately get on the phone with their insurance agent. They assume this person, along with the rest of their company, will step in and make things right.

Unfortunately, you can't always trust everything you hear from your insurance company. Remember this: They're going to do what's in their best interest, which doesn't always benefit you.

Surgical errors leave patients with worsened conditions

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Friday, June 1, 2018.

Doctors perform surgical procedures on their patients to improve their patients' health. Though some procedures are elective many are done to fix significant problems present in the individuals' bodies. Illinois residents go under the knife every day at hospitals and clinics throughout the state, and most people who have surgery emerge from their procedures better than they were before.

What is considered a wrongful termination?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Wednesday, May 23, 2018.

Most Americans rely on the income that they earn from their employment to provide for themselves and their families. In fact, residents of Illinois work hard each and every day to make sure that their loved ones have what they need to succeed and thrive. When a person loses their job they may find themselves struggling to make ends meet and to pay the bills they receive each month.

To some extent employers have a lot of discretion with regard to who they choose to hire and retain in positions of employment. Most workers are considered "at-will" which means that they can be let go by their employers for a variety of reasons. However, an employer cannot fire an at-will employee if that termination is against the law or in violation of the terms of the employee's agreement with the employer.

Illinois drivers must be wary of keyless ignitions

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Thursday, May 17, 2018.

Keyless ignitions are convenient. In fact, they are now a standard feature in more than half of all new cars delivered each year in the United States. Unfortunately, it appears that on some models, this seemingly-innocuous convenience can disguise a potential hazard that can lead to illness, personal injury or even death.

According to a report in the New York Times, more than two dozen people have died from carbon monoxide poisoning when they inadvertently left their keyless vehicles running in a garage, believing the engine was off when they took the fob out of the car and entered the house. Several others have suffered ill effects, including brain damage, from carbon monoxide exposure but were able to get out of their homes before they succumbed.

A review of duty in a negligence-based personal injury case

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Wednesday, May 9, 2018.

When an accident occurs, it may be clear to the injured victim that another party was responsible for the losses they suffered. In Illinois, a person may bring a personal injury lawsuit against another individual if that individual caused the victim to suffer harm. Negligence is often the basis on which personal injury claims are built and this post will briefly discuss the elements of negligence that must exist in order for a victim to prevail on these claims.

One of the first elements of negligence that a victim must tackle is duty. Individuals owe each other a requisite duty of care when they are out on public roads, working in or near public places or in locations where others may be harmed by their actions. For example, drivers generally owe to others on the roads a duty of care of a reasonable driver. If the injury-causing action occurred in a context in which the negligent party owed the victim a duty, then the victim may be able to satisfy the first requirement of the negligence claim.

Trench collapses pose real danger to construction workers

On behalf of The Law Office of Van-Lear P. Eckert, PC on Monday, May 7, 2018.

One particular danger to which construction workers can fall victim is excavation cave-ins. Understandably, there is intrinsic danger associated with excavating and working in and around trenches. The Bureau of Labor Statistics (BLS) reports that, in a nine-year period, on average, 35 laborers lost their lives in trench collapses.

What this means is that those who work around and in trenches must be especially proactive about following all safety protocols mandated by both the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).

Understanding the law is crucial in personal injury cases

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Thursday, May 3, 2018.

Sometimes accidents are truly that -- unfortunate incidents that are not the fault of anyone. However, many times an accident in Belleville is caused by the actions of another person. When that person's actions are careless or reckless and they cause another person to suffer injuries, the injured person may want to attempt to seek compensation from the responsible party.

At our law firm, we understand that personal injury cases can be complex. This is because there are a wide variety of accidents that could lead to a personal injury lawsuit. For example, animal bites, car wrecks, medical malpractice, slip-and-fall injuries and construction accidents could all be caused by another person's negligence. While the general laws of negligence will apply to these cases, there are still nuances in the law that make the various grounds of a personal injury lawsuit very different.

How prevalent are fatal distracted driving auto accidents?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Wednesday, April 25, 2018.

When people in Belleville are behind the wheel of a car, their entire focus should be on the task of driving. However, distractions abound that could take a driver's attention off of the road. Our smartphones are a major source of distraction, but even eating in the car, tuning the radio, looking at the GPS, adjusting the heat or air conditioning or even talking to passengers can all take a driver's attention off of the road, and potentially cause a car accident.

According to the National Highway Traffic Safety Administration, in 2016, 9 percent of fatal car accidents were reported as distracted driving accidents. In fact, in that year, 3,450 individuals lost their lives in auto accidents caused by distracted drivers. Teens between the ages of 15 to 19 had the greatest proportion of motorists who were distracted when a deadly accident occurred. Also, in 2016, over 560 pedestrians, bicyclists and other people who weren't occupants of a vehicle lost their lives in a distracted driving accident.