Residents of Illinois nursing homes have long faced challenges in getting the standard of care they are entitled to by law. High staff turnover, low pay, overcrowded rooms, inadequate staffing, and other cost-cutting measures put stress on staff and place residents at risk of nursing home abuse and neglect. Recently, some of these challenges have been explored by the Illinois Senate Health Committee, which last month weighed in on a new payment structure meant to incentivize better staffing and quality of care. 

Poor Payment Structure Leads to Adverse Outcomes

Many fear that Illinois’ current payment model continues to allow Medicaid dollars to essentially fund profits for facility owners while allowing low regulatory compliance and underpaid and overworked staff. In turn, this leads to lower standards of care for residents with serious consequences for their health and well-being. Although it remains to be seen whether Illinois will improve its payment models and successfully incentivize better standards of care, in the meantime, Illinois residents with loved ones in nursing homes should be familiar with common types of nursing home neglect and abuse. 

Injuries Caused by Nursing Home Abuse and Neglect in Illinois

It may be painful to think about a loved elder being abused or neglected, but being on the alert for signs of abuse or neglect can help stop it from happening and could even prevent it in the future. Some of the most common issues that affect nursing home residents include: 

People who are injured while on the job may experience multiple issues that affect their ability to continue working, as well as their overall health and well-being. Fortunately, workers’ compensation benefits are available for those who have suffered work-related injuries. While workers’ comp claims may be focused on disability benefits that address a person’s loss of income due to a work injury, an injured worker can also receive medical benefits. By understanding the types of coverage provided and the steps they should take following a work injury, a person can make sure they will be able to receive the proper medical care that will fully address the ways their injuries have affected them.

Workers’ Compensation Medical Benefits

An employer is responsible for paying for all medical treatment necessary to address a work-related injury and ensure that a worker can recover as much as possible. In addition to receiving first aid or emergency treatment following a workplace accident, an employee can also receive medical benefits that pay for ongoing treatment. This may include visits to doctors or specialists, surgery, physical therapy, medications, chiropractic treatment, and assistive devices such as prosthetics or wheelchairs.

Following a work injury, a person can protect their right to receive medical benefits for workers’ compensation by seeking medical care as soon as possible. By informing medical providers that an injury is work-related, this will ensure that the providers will bill the person’s employer for the care provided. An employee should also notify their employer of the date and circumstances of their injury and the name and address of the doctor or medical facility where they received treatment.

Even though fall accidents may seem like minor incidents, they can result in multiple types of serious injuries. A person who slips on a wet floor or trips over an obstacle can suffer bone fractures in the wrists, ankles, knees, or hips, traumatic brain injuries when they strike their head on the ground, spinal cord injuries, or dislocations in joints such as the shoulders or knees. When slip and fall accidents take place at a retail store, victims should be sure to understand when the store’s owner may be held liable for their injuries.

Property Owner Negligence and Premises Liability

Property owners must take reasonable steps to protect customers’ safety or anyone else who was invited to visit the property. This responsibility also extends to a tenant who is in control of property, including stores that lease space where they conduct business. An owner’s responsibility is known as a “duty of care,” and it requires them to correct any hazards that may endanger the safety of visitors or ensure that customers are warned about the potential risks that they may face due to these hazards.

There are multiple ways that a store owner may violate their duty of care, including:

While all types of motor vehicle collisions can be dangerous, those involving trains can be especially deadly. Due to the massive size and momentum of trains, any other vehicles involved in these types of collisions are likely to suffer extreme damage, and drivers and passengers may experience severe bodily harm or fatal injuries. Many train accidents occur at railroad crossings, and in these cases, those who have been struck by a train will need to understand who was responsible for their injuries and their options for pursuing compensation for their injuries.

Causes of Railroad Crossing Accidents

When a vehicle or pedestrian is struck by a train at a railroad crossing, multiple parties may be at fault, including:

• A railroad company - A collision may be caused by the negligence of a train operator, such as the failure to brake properly or use a horn to warn that a train is approaching a crossing. The company that employed the train operator may be held liable for the operator’s negligence. A railroad company may also be liable for accidents that occurred because it did not properly maintain equipment, such as the brakes or couplings on a train or the rails or switching equipment on a railroad. A railroad company is also responsible for maintaining safety equipment at railroad crossings, such as gates, lights, and signals, and a company may be liable for accidents that occurred because of faulty equipment.

  ...

A work-related injury can cause a great deal of difficulty in a person’s life. After being injured, a person may require emergency medical treatment and ongoing care, and their ability to return to work may be affected. Fortunately, workers’ compensation is available for anyone who has been injured on the job. In addition to fully covering the costs of medical treatment related to an injury, workers’ comp will also provide benefits that address a person’s loss of income due to an inability to work. Injured workers should be sure to understand when they will qualify for different types of workers’ compensation disability benefits.

Temporary or Permanent Disability Benefits

When an injury temporarily affects a person’s ability to work, they will qualify for disability benefits while recovering. These benefits will last until they reach the point of maximum medical improvement (MMI). If a person misses at least four days of work, they can receive temporary total disability (TTD) benefits. These benefits will not cover the first three days of missed work unless the person misses a total of at least 14 days of work. These benefits will be paid during a period where a doctor states that the person is unable to work or when they are able to do light work but their employer cannot meet these accommodations. TTD benefits pay 66 ⅔ percent of the average weekly wage (AWW) that a person earned in the 52 weeks before the date of their injury.

If a person can return to work on a part-time basis while they are recovering, or if they will be limited to working in a position that pays less than what they earned before they were injured, they will qualify for temporary partial disability (TPD) benefits. These benefits address the losses a person experiences when working at a reduced capacity. TPD benefits pay 66 ⅔ percent of the difference between the person’s AWW and the amount they earn while they are temporarily disabled.