Garcia’s father filed a wrongful death lawsuit alleging his son experienced pain and anguish from his severe injuries prior to his death. The lawsuit seeks exemplary damages to $6 million, and actual, punitive and consequential damages to $3 million.

Monty Garcia, of Galveston, Texas, the father of deceased Steven Garcia, filed a wrongful death lawsuit seeking over $9 million in damages for the death of his son. According to papers filed in the statement of claim, the younger Garcia was building “frac” tanks using sandblasting equipment and techniques. Steven became entangled in an auger and sustained severe, fatal injuries.

The named defendants in the lawsuit are The Modern Group GP Inc., Dragon Products Ltd., Breco Inc. and Personnel Staffing. It is alleged that they failed to properly train and supervise the deceased, have proper safety procedures in place or other safeguards to protect workers, and that the facility used to build “frac” tanks was not designed with safety in mind.

Personal Staffing stated it subscribes to worker’s compensation and the plaintiff’s claims should be dismissed according to the exclusive remedy provision of the Texas Worker’s Compensation Act. The Modern Group and Dragon Products said they did not control the premises where Garcia was fatally injured and that the Texas Worker’s Compensation Act bars the plaintiff’s claim.

Garcia’s father. would have had a lot of bills to pay for his son’s initial care at a hospital. The funeral and burial costs would also be high. In order to meet his financial obligations and pay his usual bills, he may want to check into litigation funding. Pre-settlement funding is also referred to as a lawsuit loan, and the benefits it offers to financially distressed plaintiffs are appealing.

Plaintiffs may apply online or by calling the litigation funding company and speaking to a highly trained representative about how to apply for a lawsuit loan. The plaintiff must have an attorney working with them and be able to provide all required documentation. Once the lawsuit loan company has assessed and approved an application, funds are sent directly to the plaintiff’s bank account. Typically, the money arrives within 48 hours or less.

There are no upfront fees to pay, no monthly payments to make, no credit check required, and should the plaintiff lose their case in court, they may keep the litigation funding with no strings attached. A lawsuit loan may be the right thing for many, but it is not necessarily suitable for everyone, as case circumstances vary. However, it is a good idea to research various options to figure out how to pay the bills while waiting for a case to be handled.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding, visit http://www.litigationfundingcorp.com/.

Penny Lucas claims that she suffered an injury when she fell at work on December 27, 2012. She went to the hospital and was given a post-accident drug test, which came back negative, according to her lawsuit. However, the suit states that Atrium required Lucas to submit to another drug test on January 15. When the results of that drug test were allegedly found to be positive, Lucas demanded a retest, but was refused. She then paid for another drug test at a different hospital, for which the results were negative, the suit states.

The lawsuit further states that Atrium fired Lucas despite being notified of the discrepancy, and in violation of her rights under the Illinois Workers’ Compensation Act.

On January 14, 2015, Penny Lucas filed her lawsuit in St. Clair County Circuit Court against Cahokia’s Atrium Healthcare and Rehabilitation Center.

Lucas alleges that the job loss resulted in loss income and benefits, mental distress and emotional anguish. She is seeking compensatory and punitive damages, plus interest, attorney’s fees, costs and other relief in excess of $75,000.

Paul Greenberg is a Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In the case of Folta v. Ferro Engineering, James Folta allegedly sustained exposure to asbestos while working for the defendant, his employer, in the time period between 1966 and 1970. Forty-one years later, on May 17, 2011, he was diagnosed with peritoneal mesothelioma. 

Generally, the no-fault compensation provided under the Workers’ Compensation Act is the exclusive remedy for workers whose injuries arise out of and in the course of their employment. However, a statute of repose limits asbestos claims under the Act to a 25-year period from the time the employee was exposed. Another statute of repose limits claims under the Illinois Workers’ Occupational Diseases Act to a three-year period.

The First District Appellate Court ruled that because the plaintiff’s workers’ compensation claim was time-barred, his injury was “not compensable under the Act,” and he could therefore pursue a civil lawsuit against his employer.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Nancy Mechochko filed the lawsuit, claiming that her husband, Gregory Mechochko, was in contact with a concrete mixer as he was working on January 23, 2013, when an uninsulated power line collapsed and touched the concrete mixer. The man died on February 12.

The power line, which was the property of Southwestern Electric Cooperative, allegedly collapsed when it was struck by a track hoe.

The lawsuit claims that Mechochko was working on a construction site in Maryville, Illinois — near the intersection of Lakeview Acres Road and State Route 162 — when the incident occurred.

On September 12, 2013, Southwestern Electric Cooperative brought allegations against Thiems Construction Company as a third party defendant. The construction company responded by arguing that contribution is barred by the Illinois Workers’ Compensation Act’s exclusive remedy provision.

Nancy Mechochko claims that the electric cooperative did not properly maintain the power line or the reclosers protecting it. Furthermore, she stated that Southwestern also failed to suspend the line at the proper height. The plaintiff is seeking damages in excess of $50,000.

The electric cooperative has denied that a cause of action has been properly stated or that the plaintiff has suffered damages to the extent claimed.

Bob Briskman is a wrongful death attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Cynthia Hewitt filed a lawsuit against Casey’s General Store in Maryville. According to the lawsuit, Hewitt began working at the store in September 2011. She claims that she fell and injured her back while moving a tall stepladder inside the store on February 28, 2012. After the injury, Hewitt filed a successful workers’ compensation claim, receiving $220 per week in benefits for total temporary disability beginning March 3, 2012.

Hewitt says in the complaint that she underwent surgery on her back in July 2012 and was approved by her doctor six months later to return to light duty work, meaning she could lift a maximum of 15 pounds. She claims the store refused to assign her to light duty work.

In March 2012, Hewitt says her doctor approved her return to work with no restrictions, and her disability payments ceased. However, according to the lawsuit, the store refused to allow her to return to work. Hewitt claims she applied for unemployment benefits but was denied because her employer had reported that she was “discharged.”

The complaint alleges that the employer’s actions are a violation of the Illinois Workers’ Compensation Act. The lawsuit seeks damages in excess of $50,000.

Paul Greenberg is a Chicago workers compensation attorney and work injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Roger Johnson filed suit June 11 in St. Clair County Circuit Court, claiming that he was wrongly discharged. The plaintiff alleges that he was employed by defendant Commercial Transport when he sustained injuries on April 30, 2012. According to the complaint, Johnson filed for workers’ compensation benefits shortly after his injury.

The complaint alleges that Johnson’s employment was terminated after he applied for benefits, a violation of the Illinois Workers’ Compensation Act. The lawsuit states that Johnson lost wages and health and pension benefits and suffered mental anguish and damage to his reputation.

Johnson is seeking damages in excess of $50,000 as well as punitive damages in excess of $50,000, plus costs.

Under the Illinois Workers’ Compensation Act, an employer may not retaliate against a worker for exercising his or her rights in regards to workers’ compensation by discharging, harassing, refusing to rehire, or discriminating against the employee in any way, and violation of this provision may give rise to a cause of action in court.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Richard Turner is facing charges relating to a claim he made in 2009 while employed by the Maryville Police Department. Turner is alleged to have reported suffering an injury to his back while on the job. The Village of Maryville paid employment compensation to Turner, and its insurer paid his medical expenses.

Upon discovering questionable circumstances, internal investigators with the police department determined that Turner’s injury did not take place at work. The results of the investigation were presented to the grand jury. Turner has been charged with two counts of felony theft, Class 1 and Class 2, and is also facing two counts of violating the Workers’ Compensation Act, which is a Class 4 felony. He has since resigned from the police department.

Circuit Judge Rich Tognarelli set Turner’s bond at $10,000. He faces a maximum penalty of four to 15 years in prison for the Class 1 felony, three to seven years for the Class 2 felony, and one to three years for the Class 4 felony.

Bob Briskman is a workers compensation attorney and Chicago workers compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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1.  Does your employer have true worker’s compensation insurance?

Many employers purchase “true” worker’s compensation insurance, purchased in accordance with the Texas Workers’ Compensation Act. (Employers who purchase true worker’s compensation insurance are called “subscribers.”) However, because worker’s compensation insurance is so expensive, many employers purchase “accident” insurance that doesn’t fully comply with Texas Workers’ Compensation requirements. (Employers who purchase this accident insurance or who don’t have any insurance at all are called “non-subscribers.”)  These two types of policies are treated differently under the law so it’s important to know what type of coverage, if any, that your employer offers.

It can often be difficult to find an answer to this first question.  Employers are supposed to post notices about whether they are subscribers under the worker’s compensation system, but these notices are often difficult to find.  The Texas Department of Insurance also maintains an online database of subscribers, which you can find here, but you need to know the precise legal name of your employer to use the database.

2.  Were you injured as a result of your employer’s negligence/conduct?

Under Texas worker’s compensation law, if your employer is a subscriber, then you are able to recover worker’s compensation benefits for any on-the-job injury, regardless of fault.  However, in exchange for these benefits, the law does not allow you to sue your employer for additional damages except in rare instances.

If you’re employer was a non-subscriber — it didn’t purchase worker’s comp insurance or only purchased accident insurance — then you’re free to sue your employer for causing your injuries.

3.  Were you injured by someone else?

Many times, people are hurt by others while they’re on the job.  For example, you may be in a car wreck while you’re on the job.

In these situations, you are allowed to recover worker’s compensation benefits and also make a claim against the party who caused your harm.  The big caveat here is that you will have to reimburse your workers’ compensation carrier for some of the benefits you received if you make a recovery from a third party.

These situations also get very complicated in construction cases, where worker’s comp policies can cover employees of other companies.  If you were injured on a construction job by another sub-contractor, then you need to speak to an attorney to get more clarification than I can offer here.