ENSURE YOU’RE PROTECTED UNDER ILLINOIS WORKERS’ COMPENSATION

Any time someone is injured and undergoes medical treatment, there is that immediate fear of, “Oh no! Now I’m going to be hit with more medical bills.” If you do have health insurance, you still have copays to cover, and you still may receive bills not covered by your provider. If you don’t have health insurance, you’re about to be responsible for potentially thousands of dollars of bills. You also may have saved up a lot of money and now fear that your savings will go to paying medical bills, especially if you have a severe injury.

And often times, people are injured at work. Whether you’re a truck driver getting in a car accident while transporting product, a warehouse employee injured from lifting boxes or a grocery store employee slipping on the job, you were injured in a work-related accident, and your life has now changed.  Many work-related injuries will take someone out of work, and while that person is undergoing medical treatment and sitting at home, he or she is now also worried with, “How am I going to pay my bills and newly added medical expenses if I cannot work and make an income due to my injury?”

Well, under the Illinois Workers’ Compensation Act (820 ILCS 305), employees who are injured in accidents that arise out of and in the course of employment are entitled to Workers’ Compensation Benefits. That includes 100% of all medical expenses for reasonable and necessary treatment related to the work injury. You will not have to worry about copays either. Further, if you need to be off work to heal from your injuries, you are entitled to Temporary Total Disability benefits, which is a lost wage benefit calculated by two-thirds of your average weekly wage. The Illinois Workers’ Compensation Act also takes into account any permanent damages. There is Partial Permanent Disability, which is determined by what body parts are affected from your injury and how that will affect your life. And if you’re unable to do any kind of work due to your injury, you may be entitled to Permanent Partial Disability, which is benefits for life.

As stated above, there a numerous worries that go with an injury, from medical expenses to how you will make an income and pay such expenses if you cannot work. But please know that the Illinois Workers’ Compensation Act protects you and such worries from accidents arising out of and in the course of employment. If you are injured at work, report it to your employer right away. Don’t hesitate. Ensure that you receive those workers’ compensation benefits that you are entitled to. Call Larson & Greenberg Law Group, LLC and we will ensure that your Workers’ Compensation rights are protected!

YOU’VE BEEN SERVED WITH PAPERS – "WHAT SHOULD I DO NEXT?"

You’ve been served.

Television shows and movies use this phrase all the time.  Service, however, ceases to be entertaining when it happens to you in real life.  This is especially true if the action against you is unexpected.  Once the shock of being served passes, many questions will inevitably race through your mind:

-Why was I served?

-What are these papers and what do they mean?

-What should I do next?

-What can an attorney do for me?

Why was I served?

In Illinois, service is designed to provide notice to parties to a lawsuit that action is pending against them.  Essentially, it is the legal way to inform someone that they will part of a lawsuit.

What are these papers and what do they mean?

Typically, service is accomplished by either handing or mailing a Complaint and a Summons or a Petition and Notice to the party being served.  The Complaint or Petition states the claims against you and the relief being sought.  The Summons provides a timeframe in which you must respond to the Complaint, typically a few weeks.  The Notice provides the time and date of the initial hearing at which your presence is required. 

What should I do next?

Unexpected lawsuits will cause initial feelings of anger, confusion, and fear.  The most important thing to do upon being served is to keep your cool.  Any actions that you take or things that you write may be admissible and against your interests.  It is also important to resist the urge to reach out to the other side to work things out.  At this point, the best thing to do would be to reach out to an attorney as quickly as possible.  The sooner that you contact an attorney the more options that you will have to protect your rights in

What can an Attorney from Larson & Greenberg Law Group do for me?

1.      We will review the lawsuit and explain what it means for you as well what your options are including fighting the lawsuit, seeking to settle with the opposing party, or filing a countersuit;

2.      We will review the complaint filed against you as well as the way you were served.  Properly filing a lawsuit and serving a party is complicated and frequently done incorrectly.  We will review both components of your case to find ways to have the lawsuit dismissed; and

3.      We will work with you throughout the lawsuit to work for the best resolution for you and your interests. 

 

If you have been served contact the Larson & Greenberg Law Group.  We will work with you to obtain the best possible outcome for you. 

Power of Attorney

“Who will make decisions for me if I cannot do so?”

A Durable Power of Attorney for Property allows you (principal) to designate another person (agent) to act on your behalf with regard to the your property and finances.

A Durable Power of Attorney for Property can be specifically tailored to fit your needs and wishes.  Your agent’s powers can be broad or limited to a single transaction.  Some of the typical powers covered by a Durable Power of Attorney for Property include:

·         Real estate transactions.

·         Financial institution transactions.

·         Stock and bond transactions.

·         Tangible personal property transactions.

·         Safe deposit box transactions.

·         Insurance and annuity transactions.

·         Retirement plan transactions.

·         Social Security, employment and military service benefits.

·         Tax matters.

·         Claims and litigation.

·         Commodity and option transactions.

·         Business operations.

·         Borrowing transactions.

·         Estate transactions.

You as the principal can decide when your agent may exercise their powers.   For example, the agent’s powers can start immediately or their powers may only be exercised should you become incapable of making your own decisions. 

Finally, you may change or revoke your Durable Power of Attorney for Property at any time so long as you are capable of making decisions for yourself.

A Durable Power of Attorney for Property tailored to your specific needs is an important part of your comprehensive estate plan. 

Contact the Wills, Estate, and Trusts Lawyers in La Grange, Illinois at Larson & Greenberg Law Group, for a free consultation about your specific estate planning needs.  

Child Support Modification in Illinois

Effective on July 1, 2017, Child Support calculations will be modified in Illinois. Specifically, the new law will modify two sections of the Illinois Marriage and Dissolution of Marriage Act ("The IMDMA"), specifically 750 ILCS 5/505 and 750 ILCS 5/510.  

Currently, the courts typically award minimum percentages of the non-custodial parent's net income, regardless of the income of the custodial parent. For instance, if there is one child, the court will usually order 20% from one parents net income as child support; for two children it is 28% of the net income; three children is 32% of the net income; and four children is 40% of the net income.   The new law changes these guidelines with an "income shares" model, which takes into account, the other parents income.

Under the "income shares" model, the court is instructed to refer to economic tables, provided by the Illinois Department of Healthcare and Family Services, to calculate how much money will be allocated for the care of the child if a similarly situated couple were living together based on the combined income of the couple, the cost of living, and the number of children.  Each parent is responsible for their prorata share of this amount based on their respective incomes (or potential incomes if the parent is voluntarily unemployed or underemployed and the court assigns a figure).  Depending on the incomes of the parents, this may cause some parents to pay more and some to pay less in child support, than under the previous law.  

Shared parenting (where each parent has the child(ren) for at least 146 overnights per year) is treated differently. In a shared parenting situation, the amount of time that each parent spends with the child, will factor into the amount of child support each parent is responsible for.  The more time spent with the child(ren), the less your child support obligation will be compared to the other parent.  Time spent with the child does not become a factor until the 146 overnights per year is met.

In order to qualify for a child support modification under the new law, you will need to show a “substantial change in circumstances.” The fact that the law changed will not count a substantial change. Substantial change can be many things, such as, reduced pay, more time spent with child(ren), illness in the family, additional medical needs, etc.

To change your child support, you will need to file a petition to modify your child support. A petition can be filed to increase the amount or decrease the amount of child support and must state the reason, which is the substantial change) for the request.

If you think you qualify for an increase or decrease in child support, call the child support modification lawyers in Illinois, at Larson & Greenberg Law Group. We offer a free consultation and will discuss your options.

“I need a will.”

This is often what clients say when they are contemplating how to best take care of their families and their possessions after they pass away. 

Following the client’s initial declaration I usually ask some follow up questions to determine what specifically the client needs. However, after a few questions, most clients exclaim that all they need is a simple will and that any other work will not be necessary. 

Given the frequency with which this conversation occurs there appears to be a general misunderstanding as to what a will can and cannot accomplish. 

A will can do several important things following one’s death:

·         Direct how some of their possessions will be distributed;

·         Direct who will care for their children; and

·         Direct who will finalize their affairs.

There are, however, several things that a will cannot do:

·         Direct how other possessions will be distributed;

o   IRAs, jointly held property, and life insurance are a few examples of property that are not covered by a will;

·         Hold property for those who are not yet ready for the responsibility;

o   Trusts can be created to manage property for children, those with special needs, pets, etc.;

·         Hold property in a way that minimizes estate taxes;

·         Direct who is to make decisions regarding property while a client is still alive but unable to make their own decisions; or

o   A Power of Attorney for Property can provide for surrogates to make decisions;

·         Direct who is to make healthcare decisions for a client while the client is still alive but unable to make their own decisions;

o   A Power of Attorney for Healthcare can accomplish this.

For these reasons a will is an important part of a comprehensive estate plan, but not necessarily the only part of an estate plan. 

Contact the Wills, Estate, and trusts Lawyers in La Grange, Illinois at Larson & Greenberg Law Group, for a free consultation about your specific estate planning needs.  

Published by Mike Darcy, Attorney at Law - Larson & Greenberg Law Group, LLC

What To Do If You Get Arrested

If you get arrested for any reason, here are some tips to preserve your rights and still be respectful…

Always be polite when possible. Most police officers are good people and are doing their job. Do not give them a reason to think that you are a threat. However, if you are taken into custody, make sure to insist and demand your right to have an attorney present before you speak to the police.  You do have the right to ask why you are being arrested. But remember that anything you say can be used against you. You can refuse to answer questions until your attorney is present.

If the police tell you they have a search warrant, you should ask to see the search warrant. Do not run away from the police or obstruct the police. These can lead to additional charges. Always keep your hands where the police can see them. Do not agree to allow the police to search your property. If they ask, kindly explain that you will not answer their question until your attorney is present. The only information you should give is your name and address. Do not sign anything until your attorney approves.

For more information, or if you have already been arrested, call the criminal defense lawyers at Larson & Greenberg Law Group in La Grange, Illinois at (708)-582-6923.

 

Pro Hac Vice in Illinois

Pro hac vice is a legal term, which allows an attorney from one state to practice law in another state for a particular case. For example, a lawyer in Indiana may have a client who has a case pending in Illinois, and the client wants his Indiana lawyer to represent him in Illinois. An Indiana attorney can find a local Illinois attorney, have that attorney file an appearance, and then file for Permission for an Out-of-State Attorney to Provide Legal Services in Proceedings in Illinois. This allows the Indiana attorney to represent his client in Illinois. The Supreme Court of Illinois clearly defines the rules in The Supreme Court of Illinois Rule 707 (renamed as Permission for an Out-of-State Attorney to Provide Legal Services in Proceedings in Illinois). Here is a direct link to Illinois Supreme Court Rule 707: http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_VII/artVII.htm#Rule707

Our Clients are our best advertising.....

Listen to what our clients are saying:

"Before I went to Larson and Greenberg Law Group, I felt lost and without any hope. Since the first meeting, my perspective changed. They worked hard on my case, even exceeding my expectations. John Larson did not back down from states prosecutor and was able to get my case dismissed. Highly recommend this law group if you need someone to work hard, and able to get you the results that you need. Thank you for the great work on my case."  - Juan M., Chicago, IL

“I had a large monthly debt to pay, which was court ordered, and they entered their appearance on my case and had my payments reduced to an affordable amount.” – Zofia T., Chicago, IL

www.larsongreenberg.com

Our Clients are our best advertising.....

Listen to what our clients are saying:

"Before I went to Larson and Greenberg Law Group, I felt lost and without any hope. Since the first meeting, my perspective changed. They worked hard on my case, even exceeding my expectations. John Larson did not back down from states prosecutor and was able to get my case dismissed. Highly recommend this law group if you need someone to work hard, and able to get you the results that you need. Thank you for the great work on my case."  - Juan M., Chicago, IL
“I had a large monthly debt to pay, which was court ordered, and they entered their appearance on my case and had my payments reduced to an affordable amount.” – Zofia T., Chicago, IL

Larson & Greenberg Law Group open a LaGrange office

Larson & Greenberg Law Group

John Larson of Larson & Greenberg Law Group, LLC is pleased to announce the opening of the firm’s office at 512 W Burlington Ave., Suite 109, La Grange, Illinois 60525.Larson & Greenberg Law Group also has a location in Rolling Meadows, Illinois.

“We are excited about our opening in La Grange and serving the legal needs of the residents of La Grange, Western Springs, Hinsdale, Brookfield, Countryside, La Grange Park, and the surrounding areas,” says Founder and Partner John Larson of Larson & Greenberg Law Group, LLC.

The legal team of John Larson, Jordan Greenberg, Mike Darcy, and Lisa Wesolowski will serve clients from the La Grange office. Larson & Greenberg Law Group represents clients in the field of Personal Injury, Criminal Law, Business Law, and Family Law.

read more: https://iln.isba.org/blog/2016/06/22/larson-greenberg-law-group-open-la-grange-office