Author Archives: Greg Smith

Compensation in Addition to Workers’ Comp

A workers’ compensation case is not the only way to be compensated for an on-the-job injury when another company on the job site caused the injury. Our attorneys are experienced in identifying additional liability cases within workers’ compensation claims.

In Illinois, generally, an injured worker cannot sue its employer; the workers’ compensation case may be the only way to be compensated by the employer. However, an injured person may also be able to pursue additional compensation against any other party that may have contributed to the job-related injury. These additional cases are commonly referred to as third-party cases, as they are claims against companies—other than the employer—for the injury.

For example, if a defective tool or machine caused the injury, the injured worker may be able to pursue a third-party product liability case against the manufacturer. Such claims would also include defective warehouse vehicles, warehouse storage shelving units, forklifts, scaffolding, scissor lifts and an array of industrial tools and machines.

Another common scenario occurs where a third-party case arises when an injury occurs on a job site that has employees from multiple trades/employers. For example, if an employee of a subcontractor causes an injury to...

Medicare Set-Asides: What Are They and Why Are They Important?

Medicare’s future interest must be considered in every workers’ compensation settlement. When the injured worker is a Medicare beneficiary or anticipates enrolling shortly after settlement, a “Medicare Set-Aside” (MSA) must be funded when there is an expectation of future medical treatment. This means setting aside an allocation above and beyond the settlement proceeds specifically for future medical expenses related to the work injury. An MSA essentially serves as a deductible for future work-related expenses. It is not until after the funds in the MSA have been exhausted that Medicare will then step in and provide coverage. Thus, an MSA not only protects the interests of Medicare, but also the injured worker who is a beneficiary or planning to enroll. Anesi Ozmon’s team of workers’ compensation attorneys is here to answer any questions about Medicare Set-Asides.

Court Procedures During COVID-19

In-person court appearances continue to largely remain on hold for the foreseeable future. Nevertheless, the Illinois Workers’ Compensation Commission (IWCC) and the circuit courts have adapted to nearly exclusive video court appearances to keep cases moving forward. Due to the rising cases of COVID-19, all in-person trials at the IWCC have been suspended except in certain limited cases of emergency through December 31, 2020. In-person hearings were previously able to commence at the IWCC after a mandatory pre-trial conference before the arbitrator. Trials in Cook County circuit courts have been deferred until 2021. Additionally, all matters are to be held over videoconference except in “extraordinary or compelling circumstances.” However, Anesi Ozmon attorneys continue to participate in depositions, mediations and pre-trial conferences to keep cases on track for resolution. While Cook County trials are suspended, some downstate and collar counties are still proceeding with in-person trials. The Illinois Supreme Court recently issued orders allowing jury selection to be done remotely, as jury pools have been reduced due to health and economic impacts of the pandemic. Anesi Ozmon will continue to adapt to the changing procedures during this unprecedented time, as we remain steadfast in our commitment to zealously advocate for the rights of our clients...
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Chicago, IL 60601
Anesi, Ozmon, Rodin, Novak & Kohen Ltd.