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The Difference Between Workers’ Comp and Third-Party Claims

 Posted on July 15, 2025 in Personal Injury

Naperville IL workplace injury lawyerIf you have been injured while on the job, you may have different ways to get compensation, usually through either workers’ compensation or a third-party claim. Though both involve getting payment for your injuries, these two claims are vastly different. However, they are not mutually exclusive – meaning, you may be able to use them both. To ensure that you are getting the most out of your injury claim, consider working with an Illinois workers’ compensation attorney who also understands personal injury claims.

At Rathbun, Cservenyak & Kozol LLC, we have the resources and skills to help you investigate a workers’ comp claim and/or a third-party claim. In our firm’s history, we have secured millions in successful verdicts for our clients – a testament to our highly effective strategies. 

Do I Have to Prove Who Was at Fault in My Claim?

Fault and negligence are a major point of difference between workers’ compensation and third-party claims. Workers’ compensation functions more like a safety net for employees and you can file a claim regardless of who was at fault, including yourself (although you could be denied workers’ comp if an investigation reveals that you were drunk or high at the time of the injury). On the other hand, third-party claims require you to accuse somebody else of wrongdoing. 

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Steps to Take After a Joliet Car Accident: A Comprehensive Guide

 Posted on July 11, 2025 in Personal Injury

Car accidents can be a traumatic experience, often leaving those involved feeling overwhelmed and unsure about what to do next. In the bustling city of Joliet, Illinois, where traffic volumes are high, understanding the appropriate steps to take after an accident is crucial. By following these steps, you can ensure your safety, protect your legal rights, and facilitate a smoother recovery process.

Introduction: Significance of Car Accident Protocols in Joliet

Joliet, known for its rich cultural heritage and strategic location as a transportation hub, witnesses a significant amount of vehicular traffic daily. This traffic, while essential for commerce and daily commuting, increases the likelihood of car accidents. Understanding the necessary steps to take following an accident is vital, not only for legal compliance but also for personal safety and financial protection.

1. Immediate Safety Measures

The first and foremost priority following a car accident is ensuring safety. Move to a safe location if possible, and turn on your vehicle's hazard lights. If the accident is minor and vehicles are drivable, move them to the side of the road to avoid blocking traffic, as per the Illinois State Police recommendations.

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How Much Is My Joliet Auto Accident Worth?

 Posted on July 11, 2025 in Personal Injury

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How Much Is My Joliet Auto Accident Worth?

Introduction: Understanding Auto Accidents in Joliet

Auto accidents are unfortunately common in Joliet and can have a significant impact on victims and their families. Understanding the potential value of your auto accident claim is crucial for ensuring you receive the compensation you deserve. This article delves into the factors influencing your accident's value, providing a comprehensive analysis supported by authoritative data and insights.

Factors That Affect Auto Accident Claim Value

The value of an auto accident claim depends on several factors, including the severity of injuries, extent of property damage, and the clarity of fault. Each of these elements can significantly influence the settlement amount.

Factor Impact on Claim

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Why Are Multiple-Vehicle Accident Claims Complicated?

 Posted on June 18, 2025 in Personal Injury

Naperville, IL personal injury lawyerMultiple-vehicle crashes often lead to confusion, serious injuries, and extensive property damage. When more than two vehicles are involved, it becomes harder to determine how the collision happened and who is to blame. While the driver who caused the initial crash in the series is often at fault for all others in the chain reaction, that is not always the case.

These claims can be extremely complex. If you do not know how to handle complications correctly, your compensation could be reduced or eliminated. Fortunately, you do not have to face the challenges alone when you have our knowledgeable Joliet, IL personal injury attorneys on your side.

What Can Cause Chain-Reaction Crashes?

Many pileups start with a single act of negligence. A driver might be speeding, following too closely, or texting while driving. Poor weather conditions, like heavy rain, fog, or snow, can make it difficult for drivers to see or stop in time to keep from hitting another car. When one car suddenly brakes or crashes, the vehicles behind it may not be able to avoid colliding with it.

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Can I Get Permanent Workers' Comp Benefits?

 Posted on June 05, 2025 in Workers' Compensation

Joliet, IL workers' compensation lawyerIf your work-related injury leaves you unable to return to your previous job or to any kind of meaningful employment, you may be eligible for permanent workers’ compensation benefits in Illinois. These benefits are not automatic and depend on the nature of your injury, your recovery, and how your medical condition affects your ability to work. 

As of June 2025, the Illinois Workers’ Compensation Act continues to provide several categories of permanent benefits, each with its own requirements. To find out more about how our team of Will County, IL workers’ compensation lawyers can help you maximize your benefits, call 815-730-1977.

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What Is the Legal Process for a Truck Accident Case in Illinois?

 Posted on May 27, 2025 in Personal Injury

Joliet, IL truck accident lawyerSeeking compensation for damages like medical expenses, lost wages, and damaged property is permitted under the at-fault auto accident system in Illinois. While filing a claim is relatively straightforward in some cases, truck accidents present unique considerations that complicate the process. Consider some basic elements of filing a truck accident claim, such as the evidence you need and who will be liable for damages. Then, contact a Kendall County, IL truck accident attorney to learn more about how the laws apply to your case.

What Evidence Is Needed for a Truck Accident Claim in Illinois?

When you file a claim seeking compensation for your losses after a truck accident, you are responsible for providing evidence to prove negligence and damages. Examples of evidence commonly used in truck accident cases include:

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What Happens in a Workers' Comp Arbitration Proceeding?

 Posted on May 12, 2025 in Workers' Compensation

DuPage County, IL workers' comp lawyerIf your workers’ compensation claim has been denied, delayed, or disputed, you may find yourself scheduled for an arbitration hearing. This can be an intimidating step, especially if you are dealing with pain, financial stress, and uncertainty about your future. Understanding what to expect can help you feel more confident and prepared.

At Rathbun, Cservenyak & Kozol LLC, our diverse legal team of Illinois workers’ compensation lawyers has extensive experience representing injured workers in the face of intimidating employer or insurer attempts to deny claims. We offer free consultations and are committed to helping clients resolve their claims fairly and efficiently — including through arbitration when necessary.

What Is Arbitration in a Workers’ Compensation Case?

In Illinois, arbitration is a formal legal proceeding before an arbitrator. An arbitrator is an attorney appointed by the Illinois Workers’ Compensation Commission (IWCC). The arbitrator listens to both sides of the dispute and issues a decision based on the evidence and testimony presented.

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Can a Motorcycle Passenger Sue for Injuries?

 Posted on April 25, 2025 in Personal Injury

IL injury lawyerRiding on the back of a motorcycle can be exhilarating — but it also comes with serious risks. When a crash happens, motorcycle passengers are often the most vulnerable people on the road. If you were injured while riding as a passenger, you may be wondering whether you can take legal action — and who should be held responsible.

The short answer is: Yes, sometimes motorcycle crash victims in Illinois can sue for their injuries. In fact, they often have a stronger legal case than the driver. Our Illinois personal injury lawyers can help you determine whether you want to take action.

Who Can Be Held Liable for a Motorcycle Passenger’s Injuries?

Under Illinois law, injured passengers can file personal injury claims against any party whose negligence caused the crash. This may include:

  • The driver of another vehicle who collided with the motorcycle

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When Do I Need an Attorney in a Workers’ Compensation Case?

 Posted on April 14, 2025 in Workers' Compensation

Will County, IL workers' comp lawyerWorkers’ compensation insurance exists to ensure that people who are injured on the job do not have to suffer financially during recovery. However, not all cases are black and white, and unfortunately, employers sometimes take advantage of their employees to diminish their responsibility. This is why knowing your rights is key. If you have questions about your ability to receive or continue receiving workers’ comp insurance payments after a workplace injury, an Illinois workers’ compensation attorney can explain your rights and help you navigate the legal options available to you.

Does Every Workers’ Compensation Case Require an Attorney?

Not every work injury requires assistance from a legal representative. Sometimes, you can apply for and receive workers’ comp benefits without struggle. That may be true if your injury was minor, your employer is cooperative and admits that the injury occurred at work, or you missed very few work days because of the injury. Even if your situation is seemingly open and shut, it never hurts to reach out to a lawyer for a free consultation.

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The Most Dangerous Motor Vehicle Accidents

 Posted on March 27, 2025 in Personal Injury

Naperville, IL car crash lawyerPersonal injury claims often deal with serious, sometimes life-changing accidents. Of these claims, motor vehicle accidents are some of the most common – and some of the most dangerous. If you or somebody you love has been injured in an auto collision, an Illinois personal injury attorney can help you hold the party at fault liable for damages.

At Rathbun, Cservenyak & Kozol LLC, we have the skills and resources to help our clients through the process of filing a personal injury claim. Our lawyers will fight for full compensation for your injuries after an auto accident, refusing to accept low settlements from insurance companies and other liable parties.

Truck Accidents

Truck accidents carry a higher rate of injury compared to most other vehicle accidents due to the forces involved in a crash. Victims of truck accidents often suffer severe injuries to the neck and back, which can result in permanent paralysis. Severe fractures may also result from rollover accidents, where a car is sent into a spin from a collision with a truck. 

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