Belleville Illinois Legal Blog

Employment law and the filing of a complaint with OSHA

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Wednesday, April 18, 2018.

It can be very distressing to find out your employer has done something against the law, but many people in Illinois find themselves in such a situation, and report the illegal activity to the appropriate entities. However, a distressing situation is made even worse when these people face retaliation from their employers simply for doing the right thing and exercising their rights under the law.

Employees in such situations can file a complaint with the Occupational Safety and Health Administration. Employees should not wait too long to file a complaint, as there is only a certain timeframe in which they have the legal ability to do so. A complaint can be filed with OSHA via mail, email, hand delivery or calling the area OSHA office.

Proposal addresses workplace discrimination in Illinois

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Thursday, April 12, 2018.

There are many ways a person in Illinois could be discriminated against in the workplace. They could face discrimination based on their race, gender, religion, age or disability, among other protected categories. They could be passed up for a promotion, be paid less than those in a similar position, be harassed to the point that it creates a hostile working environment, be unduly penalized or could even be wrongfully terminated. It is an issue that lawmakers both on a federal and state level have taken steps to address.

An Illinois State Representative has proposed a measure that would make it illegal for any business in Illinois to discriminate against workers, even if the employer only has one worker. Under current law, except in Chicago, employers with less than 15 workers are not bound to the law prohibiting discrimination in the workplace. While opponents of the bill claim it is too burdensome on small businesses, the representative maintains that these businesses have other legal protections from frivolous claims of discrimination in the workplace.

When will a pet owner be responsible for dog bites?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Friday, April 6, 2018.

Dogs may be "man's best friend," but they are animals and therefore have the propensity to bite. Unfortunately, a dog bite can lead to serious injuries for the victim. Therefore, when appropriate, the dog's owner may be held liable if their animal attacks.

When it comes to dog bites and owner liability, some states have a "one-bite" rule, wherein if the dog hadn't bitten someone in the past, the owner may not face liability. However, Illinois is not one of these states. In Illinois, if a dog attacks, tries to attack or hurts an individual who had not provoked the dog, then the owner may face liability. However, this isn't necessarily absolute. If the dog was under the care of another individual when the dog bite occurred, it is possible that the owner might not face liability. Also, in Illinois, provocation may serve as a defense.

Skull fractures: The impact that can change your life

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in blog on Monday, April 2, 2018.

In a motor vehicle accident, you're likely to end up with some kind of injury. One injury that could be particularly dangerous is a skull fracture. It's a common result of hitting your head on a window or the steering wheel. The force of the impact literally splits the bone in some cases, while in others it causes an indentation or thin crack along the skull.

It's possible that you could also suffer a brain injury along with the fracture. Still, it's in your best interests to make sure you seek medical attention to rule out any complications from the impact and fracture.

Filing a charge under the Illinois Human Rights Act

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Wednesday, March 28, 2018.

Under the Illinois Human Rights Act, employment discrimination is prohibited. If a worker believes that they were discriminated against in violation of the Act, they can file a charge with the Illinois Department of Human Rights. This must be done with 180 days of the purported discriminatory act. There are several steps that one will go through after they file a charge.

The first step is intake. Through the intake process, the worker will give the Department of Human Rights as much information as they have about the incident, in as great of detail as they can. They will provide the Department with their contact information, information about their employer, the dates the purported discriminatory acts occurred, the names and contact information for any other individuals who may have witnessed the act and copies of any documents that are relevant to the situation.

Can hospitals be held liable in a medical malpractice lawsuit?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Wednesday, March 21, 2018.

Flu season may be on the downswing in Illinois, but every day people across the state can still come down with a wide variety of illnesses and injuries. Sometimes rest at home and a bowl of chicken soup is all that is needed for a sick person to regain their health. However, other times a person becomes severely ill, necessitating a hospital stay.

When a person is treated at a hospital, they expect the physicians will treat them with the highest standard of care. Unfortunately, that doesn't always happen and a person becomes sicker due to a physician's negligence. Our readers may already be aware that in such situation it may be possible to pursue a medical malpractice lawsuit against the responsible doctor. However, when the incident takes place in a hospital, are there any other potential defendants?

Racial discrimination is still an issue in Illinois workplaces

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

People in Illinois may think that discrimination based on a person's race or color is a thing of the past. Unfortunately, that is not the case. Instances of racial discrimination still occur in the workplace far too often. It is important to understand what racial discrimination in the workplace looks like.

Racial discrimination takes place when a job applicant or worker is treated negatively due to his or her race. Race isn't limited to skin color in this case -- personal characteristics, such as certain facial features or hair types, also fall under the category of race. Racial discrimination can also take place if a job applicant or worker is treated negatively because he or she is wed to a person of another race. Racial discrimination isn't limited to people of different races. It can even occur between people of the same race as well.

Federal agency investigating fatal crash in Illinois

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Thursday, March 8, 2018.

Congested traffic can be inconvenient, but it is often inevitable on expressways in Illinois. Drivers must exercise due care in such situations. The failure to do so could lead to catastrophe.

The U.S. National Traffic Safety Board is investigating a fatal accident that occurred in Illinois in the beginning of March. Three people suffered injuries in the fiery crash, and one person lost his life. The crash involved three semi-trucks and four standard motor vehicles.

Is it normal to waive age discrimination rights for severance?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in blog on Friday, March 2, 2018.

As an aging member of the workforce, you face many pressures from employers. Often, you may rely on your protections under the Age Discrimination in Employment Act (ADEA) to ensure that you do not receive unfair treatment in the workplace simply because you are an older, more experienced employee. When an employer begins considering layoffs, these protections can prove essential to protecting your job.

Understandably, you may have reservations about signing away your rights under the ADEA if an employer asks you to do so in order to receive a severance package. This is a perfectly reasonable concern, but waiving ADEA rights is an accepted practice in many instances, provided that the employer meets certain qualifications in its offer and the terms of the waiver.

Personal injury attorneys can assist with car crash claims

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Wednesday, February 28, 2018.

Car accidents can happen in a split-second. One moment a person in Illinois is stopped at a red light, or is safely driving on the freeway when suddenly they have been struck by another driver. When this happens, victims may be injured or could even lose their life.

Devastating car accidents are not limited to crashes caused by standard automobiles. Semi-truck accidents can be particular catastrophic due to the sheer size and weight of an 18-wheeler. Also, crashes involving motorcycles can lead to serious injuries or fatalities, since motorcyclists are not protected by seat belts or airbags the way motorists are.