State Senator Dale Righter (R-Mattoon) introduced a bill that would require “primary causation,” meaning that a claim would be paid only if a worker’s injury was caused primarily by an on-the-job accident.

Righter said that the more stringent causation standard was necessary in order to create jobs and attract investment. He said that too many businesses were choosing to relocate in neighboring states, in part because of Illinois’ higher premiums for workers’ compensation insurance.

Critics of Righter’s bill point out that it would result in denial of benefits for workers who have preexisting conditions that are aggravated by workplace injuries. This could result in discrimination against older workers, who are more likely to have preexisting conditions.

Righter estimated that requiring primary causation would reduce insurance premiums in the state by $1 billion per year. However, similar estimates were made regarding the 2011 changes to Illinois workers’ compensation law, and employers saw very little reduction in premiums.

Senate Bill 846 would also prevent the payment of temporary partial disability benefits and temporary total disability benefits to workers who are discharged by their employers for cause.

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/.

Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vt.) introduced Senate Bill 1501 on June 3. The proposed legislation would implement a five-year extension of the EB-5 regional center program, which would otherwise expire in September 2015. The EB-5 program permits an immigrant investor to obtain permanent resident status by investing either in a new or existing business, or in a project developed by a regional center in the United States. Regional centers create projects for immigrant investors mostly in targeted employment areas, which have a minimum investment amount of $500,000. Regional center projects can use indirect job creation to meet the statutory EB-5 job creation requirements. S.B. 1501 is the first bill introduced to extend this popular investment program.

S.B. 1501, called The American Job Creation and Investment Promotion Reform Act, aims to provide EB-5 investors with more information about their investments and to help investors avoid scams. A pertinent example involved a California-based oil and gas company which the U.S. Securities and Exchange Comission (SEC) recently charged with violations of securities laws for allegedly running a Ponzi-like scheme to defraud investors, including EB-5 investors.

Highlights of the proposed legislation include, but are not limited to:

• Increasing the minimum investment amount from $500,000 to $800,000 for targeted employment area investments and non-targeted areas investments from $1,000,000 to $1,200,000
• Removing an immigrant investor’s spouse and minor children from the overall quota calculation, which would have the affect of eliminating visa backlogs which currently exist for China.
• Removing authority from the states to designate tracts of land as targeted employment areas
• Creating a special $20,000 per year annual fee for each regional center to pay for government audits and fraud detection

S.B. 1501 is the start point in legislative proposals to extend the EB-5 program. The bill will be subject to many proposed changes between now and when the legislation goes to Congress for a final vote.

The legislation is important for all plaintiffs, but particularly so for victims of nursing home abuse. When an elderly or disabled person is abused or neglected in a nursing home, the family needs funds as soon as possible to pay for a higher-quality facility or in-home health care.

Unfortunately, plaintiffs who have suffered all kinds of injuries frequently find that defendants use stall tactics to delay payment as long as possible, even once a settlement has been agreed to.

Under the proposed legislation, after a settlement has been reached in any civil matter, the defendant must tender to the plaintiff a release within 14 days. Then the defendant has 21 days from execution of the release to make all payments due the plaintiff. If the defendant fails to make such payments, interest will accrue from the date of the release.

Senate Bill 1912 has passed both houses of the state legislature and now awaits Governor Pat Quinn’s signature. If the bill becomes law, it will ensure that plaintiffs receive settlement payments in a timely manner, allowing them to pay for crucial medical and living expenses.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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More states are pushing to give disabled vets a much-needed tax break. 

In Michigan, State Senator Glenn Anderson (D-Westland) has introduced legislation to reduce taxes for his state’s disabled vets. His latest bill, Senate Bill 104, would allow local governmental units to exempt vets who are 100 percent disabled from paying local property taxes. Sen. Anderson’s bill is now going before the Senate Finance Committee. 

“It is heartening to see lawmakers push to give our country’s disabled vets a break to help them keep their homes,” commented veterans disability attorney James Fausone. 

Anderson stated that even if local communities wanted to give disabled vets the tax break, currently they cannot under state law. But vets who are 100 percent disabled often find it impossible to become gainfully employed in civilian life and face a number of financial hurdles. Anderson said that he believed many communities throughout the state of Michigan would be glad to waive local property taxes on primary residences for those vets as a way to thank them for their service and sacrifice. Senate Bill 104, co-sponsored by Republicans and Democrats, has widespread veteran advocate support from several veteran organizations.

Meanwhile, in Washington State, lawmakers have approved a tax exemption for disabled veterans in need of a vehicle modification. The senate unanimously voted to establish a tax benefit for disabled vets who need installation and/or repairs on any equipment to help them get into, out of or drive a car or truck. The measure would cost Washington State just over $60,000 over the next two years in tax revenue.

Connecticut is also considering a tax break for disabled vets. Senate Bill 383 is currently before General Assembly, awaiting the support of the state legislators. The bill would give a tax break to that state’s bets disabled during service in the Persian Gulf and Afghanistan.

And in New York State, more than 50 percent of the 14,000 vets in Chautauqua County have yet to apply for tax breaks which would save them at least several hundred dollars each year. U.S. Sen. Charles Schumer, D-N.Y. has initiated a plan to support newly returned vets from Iraq and Afghanistan by ensuring they are getting the benefits to which they are entitled. He is pushing the VA to use a universal property tax exemption application for vets discharged from service and considering the purchasing of a home. He is also asking that social media helps spread the word to newly discharged vets that federal and state benefits are available to them, as the area’s home buying season heats up.

Sources

http://abc10up.com/bill-could-cut-taxes-for-disabled-veterans/
http://www.americanhomecomings.com/news/2013/04/29/washington-senate-approves-tax-break-for-disabled-vets/
http://articles.courant.com/2013-04-19/news/hcrs-14460hc–20130417_1_property-tax-relief-state-legislators-persian-gulf
http://www.observertoday.com/page/content.detail/id/584309/Schumer-sessions.html

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800