Hutchison, Anders & Hickey Tinley Park Family Law Attorney | Personal Injury | Workers' Compensation 2026-07-13T07:27:42Z https://www.hahlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1300459/2020/04/cropped-hah-favicon-2020-32x32.png On Behalf of Hutchison, Anders & Hickey <![CDATA[Debunking 3 common myths about workers’ compensation in Illinois]]> https://www.hahlaw.com/?p=47496 2026-07-02T07:28:59Z 2026-07-13T07:27:42Z Myth 1: Your employer can fire you for any reason While Illinois is an at-will employment state, filing a workers’ compensation claim is a protected activity. Your employer cannot legally fire, demote or harass you for exercising your rights as an injured employee. Unfortunately, some may still respond with retaliation after you initiate a claim, including:
  • Sudden, unexplained negative performance reviews
  • Reduction in working hours
  • Undesirable shift changes
  • Exclusion from meetings or professional opportunities
If you notice these behaviors, you may receive other damages in addition to workers’ compensation.

Myth 2: You can lose your job if you cannot perform your old duties

If your injuries are severe enough that it limits your mobility, your physician may prescribe light-duty restrictions while you recuperate. Your employer must either accommodate those restrictions or, if they cannot, allow you to remain off work while receiving Temporary Total Disability (TTD) benefits. Being temporarily injured is not a valid reason for your employer to fire you.

Myth 3: You will be unemployable in the future for filing a claim

Workers’ compensation in Illinois is a no-fault insurance system, not a personal lawsuit. Pursuing these benefits is your right as an employee and is a standard business practice. Moreover, the process is generally confidential and will have no bearing on your future job prospects.

Protecting your health and your livelihood

Seeking compensation after a work injury should not jeopardize your professional future. If you face pushback or unfair treatment from your employer, a lawyer can help you secure your legal benefits while safeguarding your career.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[Can I seek compensation for emotional distress in Illinois?]]> https://www.hahlaw.com/?p=47494 2026-04-21T07:29:10Z 2026-04-21T07:29:10Z Recognizing emotional distress claims in Illinois Emotional distress in a personal injury case refers to the mental and emotional pain you go through after someone else's careless or reckless actions cause you harm. This can include issues such as anxiety, depression, post-traumatic stress and trouble sleeping that appear after an accident. Illinois allows two types of these claims. Intentional infliction of emotional distress applies when someone intentionally or recklessly acts in a way that is extreme and outrageous, causing you severe emotional harm (for example, a driver intentionally ramming your vehicle), while negligent infliction of emotional distress covers cases where careless behavior led to your mental suffering. Most personal injury cases fall under the negligent category. You typically need to demonstrate that your mental suffering ties back to a physical injury or, if you were a bystander in a zone of danger, that your emotional distress resulted in a physical injury or illness.

Proving the harm you experienced

To support a negligent infliction of emotional distress claim, you generally demonstrate:
  • The at-fault party owed you a duty of care
  • That party breached that duty through careless or harmful conduct
  • A direct link exists between the breach and your mental suffering
  • You suffered compensable emotional distress as a result
Medical records play a key role in these cases. Notes from therapists, counselors or other mental health providers offer solid proof of your condition and how it connects to your injury. Personal journals, statements from family or coworkers and clear changes in your daily habits can also prove helpful.

Calculating your potential damages

Emotional distress falls under non-economic damages, meaning there is no set formula for putting a dollar figure on it. Unlike medical bills or lost pay, courts and juries weigh it based on the proof and testimony you present. Illinois also does not place a cap on non-economic damages in most personal injury cases. This means the financial recovery is not limited by a preset legal maximum, making the depth of your evidence and the persuasive strength of your legal advocacy the primary factors in determining the value of your claim. Additionally, the state makes use of a modified comparative fault standard. So, if you share some blame for the incident, your damages may go down by that same percentage, and you lose the right to recover at all if your fault is more than 50%.

Meeting critical filing deadlines

Illinois sets a two-year statute of limitations on personal injury claims. This clock usually starts on the date of your injury, and missing it generally means you lose the right to bring your case. Some situations can change the filing timeline. The discovery rule may push back your deadline if you did not know, and could not have reasonably known, about your injury or that it was wrongfully caused. Other exceptions may apply, such as "tolling" the deadline if you are filing for your child.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[How are parental responsibilities decided in Illinois?]]> https://www.hahlaw.com/?p=47490 2026-01-07T13:31:45Z 2026-01-07T13:16:42Z Going through a divorce or separation often brings difficult questions about your children. These issues can feel deeply personal and stressful. In Illinois, courts generally focus on creating a plan that supports your child’s overall well being rather than favoring one parent over the other. Knowing how these decisions usually unfold may help you feel more prepared as you move forward.

How does the court define the best interests standard?

Illinois courts rely on what state law refers to as the best interests of the child standard. Under the Illinois Marriage and Dissolution of Marriage Act, judges look at factors that may support your child’s safety, stability and healthy development. Instead of following a single rule, courts tend to review the details of your family’s situation. This process often includes looking at your daily routines, family relationships and your child’s specific needs. Judges may also consider how each parent has handled day to day responsibilities in the past and how future schedules could affect your child. The focus usually stays on practical outcomes that may help your child adjust to changes at home.

How are decision making and parenting time divided?

Illinois law no longer uses the terms custody or visitation. Instead, parental responsibilities are generally divided into two main areas:
  • Significant decision making: This involves who makes major choices about your child’s education, health care, religious upbringing and extracurricular activities.
  • Parenting time: This refers to the schedule that outlines when your child stays with you and where they sleep on a regular basis.
Depending on your circumstances, the court may find that sharing these responsibilities works well. In other situations, a different arrangement may better support your child’s needs.

What specific factors do courts review?

When deciding what serves your child’s best interests, judges usually consider several factors together. These often include:
  • Your child’s age, development and individual needs
  • Each parent’s ability to provide a stable routine
  • The quality of your child’s relationship with each parent
  • Your child’s adjustment to home, school and community life
  • The mental and physical health of everyone involved
No single factor controls the outcome. Courts generally weigh how these considerations work together before reaching a decision.

What this means for you

Decisions about parental responsibilities in Illinois often involve careful review rather than quick conclusions. Every family situation is different. Still, understanding how courts typically approach these matters may help you see which issues could carry more weight as parenting plans begin to take shape.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[What are the advantages of establishing a living trust?]]> https://www.hahlaw.com/?p=47489 2025-10-14T07:52:53Z 2025-10-14T07:52:53Z Avoids probate court When you set up a living trust, it holds your assets. This structure means your property generally avoids the lengthy and often public probate process after your passing. Your chosen trustee can distribute assets privately and usually more quickly than through a will that goes through court.

Maintains privacy

Probate is a public process, meaning details of your estate become public record. A living trust keeps your financial matters and beneficiaries private. This offers discretion and protection for your family's personal information during a tough time.

Ensures control and flexibility

A living trust lets you maintain full control over your assets while you are alive and capable. You can change or revoke the trust at any time. It also outlines exactly how and when your beneficiaries receive assets. This allows for tailored distribution plans that a simple will might not achieve.

Prepares for potential incapacity

Should you become incapacitated, your chosen successor trustee can step in and manage your assets without court intervention. This prevents your family from needing to go to court for guardianship proceedings, which can be costly and stressful.

Protecting your family’s future

Crafting a living trust involves many important decisions. A skilled attorney can help you create a living trust that complies with Illinois specific laws, structuring your trust correctly. This ensures your wishes are honored and your family is well protected.  ]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[Road construction caused your crash. Now what?]]> https://www.hahlaw.com/?p=47488 2025-07-29T12:09:08Z 2025-07-29T12:09:08Z You hit a barricade, swerved to avoid debris or slammed into a poorly marked lane shift, and now you are dealing with the fallout. If road construction caused your crash, the question isn’t just what happened, but whether someone failed to do their job. In Illinois, you may have a case, but only if you can prove who’s responsible and what went wrong. Here’s what you need to know before the window to act closes.

Figure out who was responsible for the roadwork

Before you can even begin to think about filing a claim, you need to identify who controlled the construction zone, which is not always obvious. Depending on where your crash happened, the work could have been managed by a city public works crew, a county highway department, the Illinois Department of Transportation or even a private contractor hired by one of those agencies. This matters because different rules apply depending on who was in charge, and if you file against the wrong entity, your case won’t go anywhere.

Prove the roadwork created a dangerous condition

Not every work zone crash qualifies for legal action. To move forward, you need to show that something about the site itself was unreasonably dangerous, such as poor signage, unclear lane markings, unsecured equipment left in the road or an abrupt lane closure with no warning. These kinds of conditions go beyond inconvenience. They point to carelessness, and that’s what turns a bad setup into a potential injury claim.

Act quickly before you lose your right to sue

In Illinois, you don’t have forever to make your move. If your crash involved a government-run project, you may have just six months to file a formal notice of claim, and missing that window could shut down your case before it starts. Even if a private contractor was involved, delay still works against you: it makes deadlines harder to meet, evidence harder to preserve and witness memories harder to rely on.

What you can do today to protect your case

Start by writing down everything you remember about the crash: what the road looked like, what signs you saw and what happened in the seconds before impact. Take photos of your injuries, vehicle damage and the scene if you haven’t already. If traffic cameras or nearby businesses might’ve caught footage, act fast to request it before it’s erased. See a doctor even if you feel fine, and talk to a local injury attorney who knows how to handle construction zone crashes in your area.

If the cones caused chaos, take back control

When roadwork sets the stage for a crash, you shouldn’t have to pay the price alone. The right next step starts with asking the right questions: who made the mess, what went wrong and how can you hold them accountable. If you’re unsure how to get answers, start with someone who’s handled it before.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[Who can file an Illinois wrongful death lawsuit?]]> https://www.hahlaw.com/?p=47487 2025-04-25T14:06:09Z 2025-04-25T14:06:09Z Immediate family members typically file The wrongful death statute in Illinois allows affected family members to file wrongful death lawsuits on their own behalf. In some states, the personal representative of the deceased individual’s estate files the lawsuit on behalf of surviving family members. In Illinois, those affected by a tragedy can take direct action on their own behalf. Typically, those with the closest legal or familial relationship have the option of initiating wrongful death litigation. In many cases, the surviving spouse of the deceased individual might file the lawsuit. Other times, their children might take legal action. Parents can also file wrongful death lawsuits in cases where the deceased individual was young and did not have a spouse or children. In rare circumstances where there are no family members to take action, it may then be possible for the representative of the estate to file a wrongful death lawsuit. Grieving families can request financial compensation for the economic impact of a tragedy. A successful lawsuit can also give them a sense of closure by officially declaring the other party as responsible for the tragedy. Reviewing the circumstances regarding a recent loss with a skilled legal team can help surviving family members determine if they can pursue a wrongful death lawsuit. Timely litigation can go a long way toward helping people recover after an unexpected death caused by another’s negligence or wrongdoing.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[Teachers need workers’ comp more often than you might think]]> https://www.hahlaw.com/?p=47482 2025-01-28T00:03:54Z 2025-01-28T00:03:54Z When most people think of workers’ compensation claims, they often imagine injuries occurring as a result of jobs that are very obviously physically demanding, like construction or factory work. However, teachers, whose jobs are physically demanding in a less obvious way, are also at a particularly heightened risk of workplace injuries and illnesses.  While teaching may not immediately appear to be a high-risk profession, the challenges educators face daily can lead to conditions that require workers’ compensation. Teachers in Illinois, like all employees, deserve the protection and benefits that workers’ comp provides when they are injured or fall ill on the job.

Common kinds of work-related harm that teachers suffer 

Teachers work in environments that feature unique risks, many of which are taken for granted by parents, students and the public. Some of the most common injuries and illnesses commonly teachers face include:
  • Repetitive Strain Injuries (RSIs): Tasks like grading papers, typing on a computer and setting up classrooms can lead to repetitive strain injuries over time. Conditions such as carpal tunnel syndrome and tendonitis are common among educators and may require medical treatment or time away from work.
  • Slips, Trips and Falls: Schools are often bustling with activity, making slips, trips and falls a common hazard. Wet floors, misplaced backpacks and uneven surfaces in hallways and classrooms can lead to serious injuries, including sprains, fractures and concussions.
  • Student-Related Injuries: Teachers working with younger children or in special education settings may face injuries related to student behavior. This can include being struck or injured while breaking up fights, managing physical outbursts and strain related to assisting students with mobility issues.
  • Exposure to Illnesses: Teachers are frequently exposed to contagious illnesses, especially in crowded classrooms. These conditions can result in extended time off work and significant medical expenses.
Under Illinois law, teachers are entitled to workers’ compensation benefits if they are injured or become ill due to their jobs. Unfortunately, despite their rights, teachers may encounter challenges when filing workers’ compensation claims. School districts and their insurance companies may downplay the seriousness of injuries, argue that their conditions were pre-existing and delay payments. Thankfully, seeking personalized guidance and support is always an option. ]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[Why adults may benefit from naming powers of attorney]]> https://www.hahlaw.com/?p=47479 2024-10-30T10:40:56Z 2024-10-30T10:40:56Z The absence of other forms of support Minor children have parents to manage their resources and guide the healthcare support that they receive in an emergency. After people turn 18, their parents can no longer access their financial resources or medical information without explicit permission to do so. The only person who has the automatic right to access resources and medical records is the spouse of an incapacitated individual. However, not everyone has a spouse. Those who have never married and those who have divorced may not have someone to act on their behalf in an emergency. People with spouses can also experience an emergency at the same time that their spouse does, such as when a car crash occurs. Powers of attorney help ensure that people have someone they trust to help them in an emergency.

The presence of specialized support needs

Some people have unique medical preferences because of their health challenges or religion. Others may have assets ranging from rental properties to small businesses that require the care of an experienced professional to manage. By naming a specific agent or attorney-in-fact to handle financial matters or advocate for someone during a medical emergency, they can avoid scenarios in which their loved ones cannot fulfill their financial and medical support needs. People have the option of establishing medical and financial powers of attorney that can designate trusted individuals to act on their behalf. At the end of the day, drafting appropriate estate planning documents can protect people in emergencies and give them peace of mind as they go about their daily lives.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[How estate planning can help to protect older adults]]> https://www.hahlaw.com/?p=47478 2024-07-24T18:16:11Z 2024-07-24T18:16:11Z The protection of vulnerable assets Living on a fixed income during retirement means being somewhat financially vulnerable. Unexpected medical expenses or a surge in household costs might lead to collection efforts or lawsuits. Assets ranging from vehicles and bank accounts to real property could be at risk during retirement. Estate planning can potentially involve asset protection planning, which helps reduce the likelihood of lawsuits or probate proceedings resulting in outside parties taking ownership of major resources.

The need to cover care costs

Medicare is an important source of support for retired adults. However, there are many limits to Medicare coverage. Those who need more extensive support may eventually need to apply for Medicaid. When they do, five years of their financial records are subject to scrutiny. They may have to cover many months of their own care before Medicaid benefits start assisting them. As if that weren't concerning enough, Medicaid can also bring claims against their estate after they die. Prior planning allows people to qualify for Medicaid without risking their legacy by doing so.

Concerns about incapacity

Even those who are perfectly healthy now may recognize that their health could decline as they age. Other people could sometimes try to gain legal control over an older adult's daily life or their financial resources. Creating durable powers of attorney can protect people from scenarios in which they are at risk of involuntary guardianship later in life. The right documents can allow someone to name an individual they trust to manage their affairs if they become incapable of handling them on their own. Estate planning can protect those preparing for retirement who need to take certain steps before they leave their jobs. Proper advance planning can be as much about the protection of a testator as it is about the protection of their loved ones.]]> On Behalf of Hutchison, Anders & Hickey <![CDATA[Why parents may need an allocation judgment and written agreement]]> https://www.hahlaw.com/?p=47477 2024-04-24T22:39:00Z 2024-04-24T22:39:00Z The value of a parentage allocation The term parentage allocation refers to a judicial decree establishing parental rights and responsibilities. In other states, people may refer to a parentage allocation as a custody order. A parentage allocation can contain terms outlining the overall division of parenting time between the two adults. It may also include rules for sharing decision-making authority and financial responsibility for the children. A judge hearing a case involving parentage concerns can hear details about the family situation and then establish arrangements that they believe are in the best interests of the children in the family. They can consider factors including the stability of each parent and the wishes of the children if they are 14 years of age or older.

The importance of a written agreement

It is often necessary for parents who share responsibilities with one another to expand on the terms established in a parentage allocation. They may need to create rules for handling disputes, standards for household responsibilities and school performance and numerous other important parenting matters. A written agreement can address numerous elements that a basic parentage allocation cannot. From the division of holidays to the right way to handle medical issues, the written agreement can include many terms that reduce the uncertainty and conflict possible in a shared custody scenario. Taking the time to address parenting issues early in a divorce or separation can reduce the stress inherent in the transition for an entire family. Parents who seek out a parentage allocation and establish a written agreement set themselves up for a more amicable co-parenting arrangement.]]>