BOLINGBROOK LEGAL - a blog by the law firm of Quinn, Meadowcroft & Marker

Jason A. Marker, Esq. named "Rising Star" by SuperLawyers magazine.

2012-01-13T16:22:00.001-06:00

QMM partner, Jason A. Marker, was recently selected by SuperLawyers Magazine as a "Rising Star." The magazine just released its 2012 edition, in which it selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Each year, the magazine's attorney-led research staff searches for lawyers who have attained honors or results. The researchers evaluate candidates in 12 different areas of peer recognition and professional achievement. Candidates are grouped into their primary practice areas and those who receive the highest points totals are asked to serve on a review panel. Attorneys with the highest totals from each category are selected.

In order to be selected as a "Rising Star," a candidate must be (1) either 40 years old or younger or in practice for ten years or less; (2) candidates for Rising Stars do not go through step three above—peer evaluation by practice area. While up to five percent of the lawyers in the state are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

Congratulations to Mr. Marker on his this selection and his achievements. Mr. Marker represents people who have sustained significant injuries in the workplace, via automobile collisions, or slip and falls. He offers a free half hour consultation on all matters.

New Rulings on the Contact Sports Exception Help Plaintiff's in Premises Liability Cases

2011-11-03T12:05:00.000-05:00

We have found a new trend by injury defense firms in arguing that some slip and fall injuries should not be compensible legally based on the "contact sports exception". This is a very narrowly defined exception that bars a plaintiff from suing a co-participant in a sporting activity for normal negligence. Rather, the plaintiff would have to plead and prove willful and wanton or extremely reckless behavior to prevail. Defendants are attempting to apply this exception to corporate entities as well and this had been met with some success.

In this recent 5th District case, the court held the exception did NOT apply to the organizational entity and therefore plaintiff need only plead normal negligence against the entity rather than willful and wanton. We find this development very beneficial for plaintiff's throughout the State of Illinois.

Negligence 5th Dist.
Gvillo v. DeCamp Junction, 2011 IL App (5th) 100262 (October 31, 2011) Madison Co. (CHAPMAN) Reversed.
Plaintiff, the first baseman, was injured during softball game (in informal amateur summer softball league) when Defendant, collided with him while running to first base. Plaintiff alleged that Defendants set up softball field in an unreasonably dangerous manner, by not following safety rules of Amateur Softball Association as to double-base system for first base and in not painting a running lane, thereby causing the collision. These rules do nothing to interfere with vigorous participation in softball. Contact sports exception does not apply to these facts, and thus court erred in granting summary judgment for Defendants. (SPOMER and STEWART, concurring.)

Jason Marker appointed co-chair of the Will County Bar Association Civil Committee

2011-10-03T21:38:00.002-05:00

QMM partner, Jason Marker, was recently appointed co-chair of the Will County Bar Association's Civil Committee. As co-chair of the committee, Mr. Marker will be responsible for leading the committee's meetings, which typically involves discussing legal topics with other members of the bar association and obtaining lecturers at seminars that attorneys attend to obtain continuing legal education hours required by the State of Illinois Supreme Court.

Mr. Marker practices primarily in the areas of workers' compensation and personal injury law. He frequently appears before arbitrators, commissioners and judges throughout Will, DuPage, Cook, and Kane counties.

QMM's newest attorney, Mr. Jonathan Crannell, appointed to DCBA Publication Board

2011-08-19T15:52:00.001-05:00

QMM's newest associate attorney, Mr. Jonathan Crannell, was recently appointed to the DuPage County Bar Association Publication Board. The Publication Board is responsible for publishing the monthly periodical “DCBA Brief”. The board members take turns as issue editor and are responsible for selecting, obtaining and editing quality substantive legal articles written by local attorneys for their issue.

Congratulations to Mr. Crannell for being selected to the Publication Board!

Summary of the recent changes to the Illinois Workers' Compensation Act

2011-08-04T12:03:00.001-05:00

House Bill 1698 was recently signed into law by Governor Quinn. Below, please find a summary of some of the major areas of change in the new Act. This is not meant to be a complete list, only a brief summary of some of the main changes that could effect working men and women.

1. Illinois' Medical Fee Schedule - the amount paid to healthcare providers for workers' comp procedures - would be cut by 30 percent, to 150 percent over what those providers are paid by Medicare for the same procedure.

2. Employers would have the opportunity to prove that intoxication on the job was the cause of an injury and not the workplace, and employees would then have the burden of proving it was not their intoxication.

3. Employers would be allowed to refer workers to a preferred medical provider network, under which employees still would be allowed their current two choices of doctor. If an injured worker chooses a doctor outside the network, he/she gives up one of his choices. If an employer offers a company doctor, the employee has the option of going to the company doctor and/or one other physician of his or her choice and anyone either of those doctors refer him or her to.

4. The new Act will allow for anonymous reports of fraudulent claims and require any fraud claims be sent to the Attorney General's office for determination of prosecution.

5. All of the arbitrators currently on staff would be fired. Governor Quinn would be able to appoint new arbiters, subject to Senate confirmation. The Governor's office has already posted an Application Form on the IWCC's main website. Even current Arbitrators will have to apply in order to be re-appointed. This again seems to indicate his likelihood of signing the bill.

6. Under the new law, if an employee's injuries result in a loss of wages, the wage differential paid to the employee would be capped at age 67, or five years after the accident, whichever occurs later. This is significantly less money than what the previous Act allowed - which was payment of the difference for the rest of the employee's life.

It should be noted that these changes would only effect cases filed after September 1, 2011.

For more information on the changes to the Workers' Compensation Act and how they might affect you, feel free to contact us at 630-759-7000.

Governor to sign Workers' Compensation Reform Bill on Tuesday

2011-06-27T09:45:00.002-05:00

As anticipated, the Chicago Tribune is reporting that Governor Quinn is set to sign the new Workers' Compensation Reform bill into law tomorrow. Feel free to read the entire report at:

http://www.chicagotribune.com/business/ct-met-quinn-workers-comp-0627-20110626,0,2075241.story

Summary of Major Changes to the New WC Act

2011-06-23T11:03:00.000-05:00

Although the new workers' compensation reform bill has not officially been signed into law by Governor Quinn, its seems as though it is only a matter of time. Below, please find a summary of some of the major areas of change in the new Act. This is not meant to be a complete list, only a brief summary of some of the main changes.

1. Illinois’ medical fee schedule — the amount paid to health-care providers for workers’ comp procedures — would be cut by 30 percent, to 150 percent over what those providers are paid by Medicare for the same procedure.

2. Employers would have the opportunity to prove that intoxication was the cause of an injury and not the workplace, and employees would then have the burden of proving it was not their intoxication.

3. Employers would be allowed to refer workers to a preferred medical provider networks, under which employees still would be allowed their current two choices of doctor. If an injured worker chooses a doctor outside the network, they give up one of their choices. Hence, if an employer offers a company doctor, the employee has the option of going to the company doctor and/or one other physician of his or her choice and anyone either of those doctors refer him or her to.

4. The new Act will allow for anonymous reports of fraudulent claims and require any fraud claims be sent to the attorney generals office for determination of prosecution.

5. All of the arbiters currently on staff would be fired. Governor Quinn would be able to appoint new arbiters, subject to Senate confirmation. The Governor's office has already posted an Application Form onto the Industrial Commissions main website. Even current Arbitrators will have to apply in order to be re-appointed. This again seems to indicate his likelihood of signing the bill.

6. Under the new law, if an employee's injuries result in a loss of wages, the wage differential paid to the employee would be capped at age 67, or five years after the accident, whichever occurs later. This is significantly less money than what the previous Act allowed - which was payment of the difference for the rest of the employee's life.

It should be noted that these changes would only effect cases filed after September 1, 2011.

Governor still yet to sign new WC Bill into Law

2011-06-08T11:56:00.000-05:00

It is said that the new WC reform bill, HB1698, has been sent to Governor Quinn for approval, but no word has come yet as to whether he has or will approve the bill. Under current law, if the governor does not veto the bill within ninety (90) days from when it hits his desk, it will become law. We expect to hear from the Governor on the bill within the near future.

Once we know whether the bill has bee approved, we will provide an update as to the exact changes, although, the basic changes and premise is set forth in bill HB1698, which can be viewed at:

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1698&GAID=11&DocTypeID=HB&SessionID=84&GA=97

If you have any questions on workers' compensation matters and/or the new reform bill in the meantime, please feel free to contact us.

WC Reform Bill - HB 1698 passed after all - on to the Governor for Approval

2011-06-01T22:20:00.000-05:00

Amid threats to introduce and vote on a bill that would completely abolish the Workers' Compensation Act, the House voted late Tuesday to approve a reform bill and passed HB 1698 in a vote of 62 - 43 according to sources. Click on the following link for more information:

Legislation to reform Illinois' workers comp system sent to governor Business Insurance

Stay tuned to our blog for a report of the reform bill once it is fully released.

Senate Approved WC Reform Rejected by Illinois House

2011-05-31T11:03:00.000-05:00

QMM was anticipating providing a summary of the new Workers' Compensation reform package after the holiday weekend, but instead, a new twist...

One day after the Senate came to agreement and passed SB 1933, the Illinois House defeated the bill. Under HB 1698, the House rejected the reform legislation even after it seemed the matter might survive. Essentially, the matter was killed by many of the Republican conservatives who felt the reform bill did not do enough for businesses and instead its major focus was only on reducing medical fees, leaving the brunt of the effect of the legislation against the medical community.

Now that the bill was been defeated in the Illinois House, speculation continues as to whether the "nuclear option" to abolish the entire Workers' Compensation Act will be pushed by legislators as a means for requiring both sides to come together to reform the Act.

The defeat of this reform bill in the House is welcome news to all potential injured workers in the State. However, it seems the reasons the bill was defeated by many Republican members is because they were looking for EVEN MORE revisions to the Act, and so; potential injured workers in this State should only be cautiously optimistic at this point.

Stay tuned to this blog or further details when they arise.

Compromise Reached on Workers' Compensation Reform?

2011-05-27T11:10:00.000-05:00

It seems a compromise is being reached on some revisions to the Workers' Compensation Act. The exact revisions are unknown still, but the following statement form the President of the Illinois Chamber of Commerce (who is of course pro-business) gives us an idea of what is to come...it seems that there may be no huge changes in the causation standard, with requiring Employer-directed medical care or with following of AMA or Medicare guidelines for treatment and permanency standards - all three of which were being sought by the pro-business platform. For every potential injured employee in the State of Illinois, this is welcome news today. Although the Chamber feels its businesses cannot compete with other State's, there is no question that putting the blame on the State's Workers' Compensation system and consequently on the innocent victims of injuries on the job would be a travesty. Thank you to all of the persons lobbying on the side of the injured workers, including the Trial Lawyers Association.

Stay tuned for a summary of the new revisions to the Act...

http://www.ilchamber.org/Illinois-Chamber-Of-Commerce/Main/Who-We-Are/Our-Epublications/Presidents-Messages/2011/May-4-Urgent-Alert-on-Workers-Compensation.htm

May 27, 2011

Workers’ Compensation Reform: the Perfect, the Possible and the Politics

For the last two years, the Illinois Chamber has worked hard to compel lawmakers and the governor to address the serious flaws in the state’s workers’ compensation system.
From the employer’s perspective, Illinois workers’ compensation laws are unfriendly, high-cost and generally characterized as among the worst in the nation. They hurt our business climate and our economy, and place an undue burden on businesses as well as taxpayers.
From the beginning, the Chamber’s goal has been merely to bring Illinois back into the mainstream and align its workers’ compensation system with those of most other states. The measures the business community has sought have not in any way been unique or unreasonable. We have tried to introduce the national norms into the Illinois law.
A new proposal now on the table offers to introduce important new elements to Illinois’ workers’ compensation system. In addition, Senate amendment #3 to HB1698 will save employers an estimated $500+ million in expenses, fix problems with the state’s 2005 workers’ compensation law, and make needed changes to the Illinois’ Workers’ Compensation Commission.
While it offers a better law for employers than currently exists, the proposed bill inadequately addresses three of the employers’ major goals for substantive reform – a higher causation threshold, strict American Medical Association guidelines regarding disability and strong employer-directed medical care networks.
The Illinois Chamber believes these reforms are needed to assure long-term systemic changes, manage costs, and to change the culture and administration of Illinois’ workers’ compensation system. Without them, our workers’ compensation system will remain costly and out of line with those of other states, and continue to stress our economy and our business climate.
The Chamber cannot support the amended HB1698 because it does not meet the test of truly reforming the state’s workers’ compensation laws, but we will not oppose a proposal that represents positive, incremental changes. There is no negative impact on employers. The Chamber is officially neutral on the bill.

A Challenging Environment for Business
Illinois has one of the most expensive workers’ compensation systems in the nation, according to the Workers’ Compensation Research Institute. Its workers’ compensation costs are considered the third highest of any state, trailing only those of Montana and Alaska. The state’s medical fee schedule, first implemented in 2005, is the second highest in the nation.
Multi-state, self-insured companies routinely identify Illinois as their highest cost state even when job sites, training, safety commitments and other factors are generally comparable.
Employers also believe that the Illinois Workers’ Compensation Commission and the reviewing courts are substantially biased and will almost always rule in favor of the individual, even in outrageous circumstances. Thus, the expectation of a “fair” hearing and finding within the Illinois system is largely lacking because of statute, case law and tradition at the Commission.
During the last several months a workers’ compensation scandal has arisen from the state’s handling of cases involving its own employees at the Menard Correctional Center. Two Commission arbitrators are on suspension. In response to the reporting by the Belleville News Democrat, the federal government started a criminal investigation.
The extent of the problems and the investigation continue to spread beyond the Department of Corrections and have touched the state police, the attorney general’s office, state’s central management service and the Illinois Department of Transportation, with possibly more to come.
Despite improving employment numbers in recent months, all these factors compound to give Illinois a reputation for having a bad business climate. The state has lost over a half million jobs during the past decade, and workers’ compensation costs are a genuine disincentive to locate or grow jobs in Illinois.
For too long Illinois has been an outlier. In the competitive game of establishing favorable business climates, our state has come up short, plunging to the bottom of various lists and rankings.
The General Assembly’s decision to raise the corporate income tax rate to 9.5 percent in January gives Illinois the fourth highest corporate income tax rate in the nation and sounded another alarm.

Elections have Consequences: the Politics behind WC
State government’s annual workers’ compensation expenses are in excess of $135 million and deemed to be poorly managed. The city of Chicago’s annual costs exceed $80 million. Our political leaders realize that fixing workers’ compensation problems could help resolve huge budget costs for state and local governments.
Governor Quinn, Senate President Cullerton and House Speaker Madigan have all cited workers’ compensation as a priority that needs fixing during the current legislative session.
The governor’s close election victory in 2010, however, is to a great extent attributable to support from organized labor. The Democrats control a majority of the seats in both the Illinois Senate and the Illinois House of Representatives. It is likely the Democratic control of the General Assembly will remain intact for the next decade because they will dictate the boundaries for newly created legislative districts.
The Democrats acknowledge they need to address problems with the state’s workers’ compensation laws, but their traditional election allies – labor and trial attorneys – want no changes. What the political leaders have sought to craft is a bill that makes substantial changes and reduces employers’ costs, while at the same time protecting their allies’ interests. The political leaders’ stated goal is to have the trial lawyers and organized labor declare their organizations “neutral” on the bill.
Amended HB 1698’s $500+ million in savings in WC costs will come at the expense of medical providers. But even after a 30 percent cut, the medical fee schedule used in Illinois will still remain the second highest in the nation.
The work behind the development of these changes in Illinois’ WC has been difficult and extensive. This bill represents the best employers can expect to achieve at this time and under these circumstances. It is important to recognize the democrat leadership of our state has acknowledged there are problems and have devoted time and effort to begin to address them. I would observe too that passage of this bill would be another indication the democrats have begun to make course corrections to reverse the state’s economic losses and fall from grace.

Blow It Up
Throughout the legislative session, Representative Bradley and Speaker Madigan have threatened to pass legislation that would “blow up” the state’s workers’ compensation system by repealing laws and abolishing the Workers’ Compensation Commission.
The implied threat has been that if agreements cannot be reached by affected interest groups, chaos would prevail. While such an action may appear attractive in the abstract, the consequences would force all workers’ compensation cases into the civil courts. It would overwhelm the courts and require dozens if not hundreds of new judges.
Every employer would have to scramble for new insurance coverage while the insurance companies would be trying to reassess pricing in a volatile, litigious state with a reputation for being an unfavorable judicial “hellhole.”
Workers’ compensation insurance premiums would likely escalate even higher. Many injured workers would undoubtedly suffer under the scenario of an extended period of disarray and uncertainty. Most significantly, such an action would once again send the wrong signal regarding Illinois’ ability to effectively deal with critical public policy issues.

Next Steps
Senate amendment #3 to HB 1698 was filed late last night. The official legislative process begins in the Senate today and will presumably be concluded by the time the General Assembly leaves the capitol city on Monday or Tuesday next week.

Illinois Chamber Statement on Workers’ Compensation Legislation

From Doug Whitley, President & CEO

May 27, 2011

The Illinois Chamber wishes to acknowledge the efforts of many individuals who have worked diligently for months to help craft a legislative proposal that will address many aspects of the state’s workers’ compensation system. The Illinois Chamber has dedicated the last two years to compel lawmakers and the Governor to address employers’ workers’ compensation problems.
From the employer’s perspective, Illinois’ workers’ compensation laws are unfriendly, high cost and generally characterized as among the worst in the nation. The state’s political leadership has it within its power to change the situation. To do so will reduce costs for employers, as well as taxpayers; improve the business climate; and send a positive signal that Illinois is acknowledging our problems and seeking to address them in a positive manner.
The culmination of efforts to change the state’s workers’ compensation laws has resulted in a measure that offers employers a better situation than currently exists. It introduces important new elements to the Illinois WC law but falls short of Chamber members’ view of true reform.
The Illinois Chamber cannot support the current proposal because it does not meet the test of truly reforming Illinois’s workers’ compensation laws, but we will not oppose a proposal that represents positive, incremental changes.
The measure embodied in HB1698 falls short because three of our major goals for achieving truly substantive reforms that could change the culture and administration of Illinois’ workers’ compensation system were either ignored or inadequately addressed. The Illinois Chamber cannot and will not abandon our obligation to employers to seek a higher standard for “causation,” stricter AMA guidelines and a more secure application of employer authorized medical care networks. Absent the inclusion of these changes it is our opinion that relative to other states, Illinois’ workers’ compensation system will remain high cost and out of the mainstream.
The leadership of the Illinois Chamber recognizes this measure as a positive step, but challenges the state’s political leadership to recognize the competitive business climate is an evolving process that requires continued attention for the need to change. We interpret this bill as a down payment towards achieving more comprehensive reforms.

AP Reports a Tentative Agreement has been reach on a Revised Illinois WC Act!

2011-05-26T16:51:00.000-05:00

The Associated Press is announcing that a tentative agreement has been reached on a revised Workers' Compensation Act, without having voted on the "nuclear option". See the article below and feel free to stay tuned to our blog for the specifics on the revisions once it is released and we become aware.

http://www.sj-r.com/archive/x1148653257/Tentative-workers-comp-deal-reached

Illinois moves a step closer to abolishing worker's compensation system

2011-05-26T11:44:00.001-05:00

In our continuing effort to keep clients and the public aware of what is going on with the current reform efforts to the Workers' Compensation Act in this State, here is a recent article from the St. Louis Post-Dispatch from 5/26/11, indicating that on 5/25/11, Representative Bradley's bill (SB 1933 - to abolish the Workers' Compensation Act) was brought up for a vote before the house committee and will be brought to the floor for a vote if no reform is otherwise agreed upon quickly. All sides of the aisle are said to wish to reach a decision on reform before the legislature adjourns on May 31, 2001. Stay tuned to our blog for more updates!

Illinois moves a step closer to abolishing worker's compensation system

QMM welcomes new Associate Attorney

2011-05-04T10:51:00.004-05:00

The firm is pleased to announce the hiring of its newest associate attorney, Mr. Jonathan Crannell, Esq. Mr. Crannell, a native of Naperville, Illinois, attended Naperville North High School before graduating with a degree in Management Information Systems from Miami University (Oxford, Ohio). Thereafter, he received his legal degree from Illinois Institute of Technology / Chicago Kent College of Law, and has been practicing as an attorney in the State of Illinois since 2009.

At QMM, Mr. Crannell will be concentrating his areas of practice to the areas of personal injury and workers' compensation. Prior to joining QMM, Mr. Crannell spent one and one-half years with a personal injury/ medical malpractice firm in Chicago where he worked on cases involving motor vehicle accidents, medical malpractice, products liability, and nursing home negligence. Additionally, shortly after being licensed, Mr. Crannell worked as a solo practitioner and represented clients in various civil litigation matters, involving collections, foreclosures, breach of contract, and real estate. He has practiced before judges in Will, DuPage, Kane, Kendall, and Cook counties.

In his spare time, Jon enjoys cooking and golfing. He is married to his wife, Clara, a language arts teacher at a local junior high school. He is also a member of the Will County Bar Association, DuPage County Bar Association, American Bar Association, Chicago Bar Association, and Illinois State Bar Association. The firm is excited to bring Jon's talents to its growing injury practice.

QMM Honored by Corporate INTL Magazine!

2011-03-09T03:43:00.003-06:00

The firm was recently honored to have received two awards from Corporate Intl., which is a leading e-magazine for thousands of business leaders in the professional field. In 2010, the magazine compiled its "Best of" awards for law firms in various categories and QMM was selected as the "2010 Family Law Firm of the Year in Illinois" as well as the "2010 Business Formation Law Firm of the Year in Illinois". The firm is honored to have been selected for these awards in the professional community. We hope to continue to build on such honors as we focus on providing clients with outstanding service and results!

QMM to present "Best of Bolingbrook Award" tonight!

2011-02-25T14:59:00.002-06:00

The firm is proud be to the presenter for the Bolingbrook Chamber of Commerce at their annual Best of Bolingbrook Awards banquet tonight. The awards ceremony honors various business professionals with awards in a variety of categories and begins at 7:00 p.m. In 2010, QMM won the award in the "Professional Services" category. As the past years winner, we have the distinction of presenting to this years nominees. The entire firm will be in attendance and we wish all of the 2011 nominees the best of luck!

Injury Settlement Updates

2011-02-17T15:17:00.004-06:00

Over the past six months, the firm has been very active in settling injury claims on behalf of its clients. The following are a few of the most notable:

- John Doe v. Apartments - Premesis liability case where 60 year old women slipped and fell on hidden ice while exiting her apartment complex and sustained a fracture of her ankle. The case settled for $60,000.00.

- John Doe v. Driver - Man sustained neck and back injuries from an auto accident causing a herniated disc in his neck. The plaintiff had no surgery, although it was recommended. The case settled for $80,000.00.

- Jane Doe v. Stip-mall owner - Women slipped and fell on ice in a parking lot outside of a business. The lot was in a defective condition. Ms. Doe suffered a fracture to her ankle and underwent two surgeries. The case settled for $150,000.00

- Jane Doe v. Panaderia - Plaintiff slipped and fell on wet floor which resulted in a surgery to Ms. Doe's ankle. The claim settled for $185,000.00.

- John Doe v. Armstrong - Plaintiff in a workers' compensation claim, injured back lifting at work. He underwent two surgeries to his spine and was ultimately placed on a permanent restriction and could not return to the job. In addition for being paid for his time off and medical bills while treating over a 3 year period, the case settled for $170,000.00.

QMM offers a free 1/2 hour consultation on ALL legal matters with one of our attorneys.

QMM Client Testimonial

2011-01-25T13:37:00.003-06:00

Dear Mr. Marker:

I wanted to thank you for the work you did on my behalf for my workers' compensation case. Your patience and expertise were a great help to me while my case was pending as was your help in working through the settlement process. I am very pleased with the results. I had spoken to an attorney in the past before meeting you and he only took a few minutes to discuss my case and was immediately very dismissive about a positive outcome in my favor. A few days later, I was in contact with you - and well - the rest is history. You were able to obtain a very significant settlement for me within a very short period of time. I would highly recommend you to others in need of an excellent workers' compensation attorney. Thank you again for all of your hard work!

P.A.

__________________________________________________________

QMM hires new Associate Attorney

2010-12-06T15:47:00.008-06:00

QMM is pleased to announce the recent hiring of our 5th attorney, Kathleen O'Keefe-Rivera. As our newest associate attorney, she brings with her a wide variety of experience. Ms. O'Keefe-Rivera received her undergraduate degree from Illinois Statue University where she was a Spanish and Political Science major. She spent one semester studying at the University of Seville in Spain. Thereafter, she received her J.D. at The John Marshall Law School in 1993. Initially, out of law school, Ms. O'Keefe-Rivera worked for the Law Office of James O. Stola, concentrating in personal injury, workers' compensation, medical malpractice, family law, and immigration.

Thereafter, she worked at the firm of Shaeen, Lundberg, Callahan & Orr in Chicago, concentrating in family law and personal injury. In 1997, after the birth of triplets, she joined Evans, Loewenstein, Shimanovsky & Moscardini in Chicago, a general practice, concentrating in real estate and bankruptcy law. Thereafter, she became a solo practitioner in 1999, concentrating in real estate and family law, and bankruptcy. She has served thousands of clients around the Bolingbrook area.

Ms. O'Keefe-Rivera comes to QMM as a Bolingbrook resident and one particularly unique attribute - the ability to speak fluent Spanish. With Ms. O'Keefe-Rivera's addition, the firm is able to assist a wider base of clients and reach out to the Hispanic community. Ms. O'Keefe-Rivera will be concentrating in the practice areas of real estate, family law and bankruptcy. She will offer a free initial consultation in these areas for all interested clients.

QMM to sponser "Meet the Candidates Night" in Bolingbrook

2010-10-13T12:10:00.003-05:00

Quinn, Meadowcroft & Marker, in conjunction with the Bolingbrook Chamber of Commerce, is proud to sponsor a night to "Meet the Candidates" running for political offices in and around Bolingbrook and Will County. This is a great opportunity for those interested to learn the various platforms of each candidate and/or to ask questions. The event takes place on October 27, 2010 at the Holiday Inn Hotel and Suites, located at 205 Remington Blvd, Bolingbrook, IL and goes from 6:00 to 8:00 p.m..

Quinn, Meadowcroft & Marker hopes to see a well attended event. If you would like more information, please visit the Bolingbrook chamber of commerce website at: http://www.bolingbrookchamber.org/.

QMM Recent Settlement Update

2010-09-02T16:23:00.005-05:00

Below is a Summary of only a few of the Significant Injury Settlements from the firm since March, 2010:

3/25/10 - QMM obtains $304.000.00 - largest settlement to date from the State of Illinois under the Injured Workers' Benefit Fund - for Plaintiff who suffered serious and permanent back injuries.

4/21/10 - QMM obtains over $81,000.00 settlement for injured worker who slipped and fell at work, necessitating a surgery to her spine.

6/22/10 - QMM obtains $200,000.00 settlement for victim of motor vehicle accident who sustained a fractured hip, which necessitated multiple surgical revisions.

6/29/10 - QMM obtains $45,000.00 settlement for Plaintiff involved in a vehicle collision caused by a fallen light pole.

7/26/10 - QMM obtains settlement of over $25,000.00 for worker who sustained back injury moving pallets of heavy objects on the job.

Loans to Help Injured are now Limited

2010-08-13T13:34:00.003-05:00

According to a leading loan company in Illinois, Advanced Case Loans, the State of Illinois has recently enacted new guidelines which all lenders in the State mush follow - limiting the amount any lender can loan to persons with lawsuits to no more than $40,000.00.

Many times during litigation in an injury case, persons find it extremely difficult to make ends meet. The insurance company may be denying a case or it may simply be that the process (which can take time) is taking a toll on an individuals finances. For this reason, many clients turn to loans that can be advanced by companies and repaid at the end of their cases. In most instances the interest on these loans is staggering - typically 45-50% per year. In essence, if a loan is make for $5,000, it would have to be paid back at $7,500 at the end of one year.

As Plaintiff's lawyers, QMM finds that most times, loans granted by these companies are typically small and meant to simply allow the injured victims to get by for a period of time until the case can be settled or tried. In those cases, this change will likely not effect the injured victims. However, in major injury cases, where extensive costs mount, this limitation could have further reaching effects. In either case, the State's new policy is something every Plaintiff/Petitioner should now be aware of.

Car Accident Tips

2010-08-05T15:11:00.005-05:00

With the mounting number of car accidents causing injuries in the United States, insurance companies are doing everything they can to pay less on claims. In addition, it seems the average person has become a bit more skeptical about injuries from auto collisions. As such, it is imperative that you follow some basic rules if you've been the victim of an injury caused by another driver's negligence. Here are a few tips to ensure your claim is not one that is "red flagged" by the insurance company:

1. Hire a trusted lawyer immediately. Depending on your situation, you may not have insurance or other means to see a physician. Many times, an attorney can counsel you on other means to see physicians or where to go to ensure you receive the proper medical treatment. Most importantly, the attorney can guide you through the claim process in a manner that most protects your interest.

2. Obtain the best medical care possible immediately. This means go to a Hospital and document all areas of the body you feel pain immediately. If you wake up the next morning with pain in a different area of the body, go to the Hospital or doctor immediately and document it.

3. Never speak to the insurance company, no matter if they offer money. Many times the insurance company will make an initial offer in attempts to resolve the entire claim. The problem is, if you accept at the beginning of your medical treatment, you waive your rights to any more money if your condition becomes worse. As attorneys, we always wait to settle a case until the client has completed their medical treatment so that we know the full severity of the injury has run it's course.

4. Take photographs. This may seem obvious, but most people do not do it. Take photos of the damages to the cars, your injuries and even the intersection or areas where the accident happens. Photos are invaluable later during settlement negotiations or at trial.

5. Document your wage losses. If your off work, you must have a doctors note recommending you stay off in order for an insurance company to pay it. So, be sure to ask your doctor whether he/she feels you should work, and if they advise to take off, get a note and keep it for your file.

Hopefully, these 5 tips can help keep your injury claim out of the "red flag" pile and instead allow you to obtain the damages you deserve for your injuries.

Case Settles for over $200k

2010-07-01T11:03:00.004-05:00

Doe v. Cortez - Attorney Jason A. Marker recently settled a serious injury case for over $200,000.00 on behalf of a Plaintiff who was T-boned at an intersection in Oswego, IL, and sustained injuries to his hip. As a result of the trauma, he underwent a total hip replacement surgery. After surgery, he had further complications, necessitating two revisions surgeries to the hip. Plaintiff was able to return to work, but lost significant wages as a result of the accident.

After settling with the Defendant for his own policy limit of $20,000.00, Plaintiff's own underinsured carrier (Central Mutual Insurance) eventually agreed to settle the case for an additional $200,000.00.

Amber Mikula to to Co-Mediate Will County Bar Association Family Law Seminar

2010-05-21T13:37:00.006-05:00

On June 10, 2010, Amber Mikula, QMM attorney, will be co-mediating a seminar for Will County Bar Association members in the area of family law. The seminar is to be four hours long and slated to begin at 4:00 pm. and end at 8:00 p.m. Any attorneys who attend will obtain credit towards their Continuing Legal Education credits, required by the State of Illinois.

Ms. Mikula is the co-chair of the family law committee of the Will County Bar Association. She has been practicing primarily in the area of family law for nearly ten years, having previously worked for the Law Office of Jeffrey Leving in Chicago, IL. Ms. Mikula also recently served as President of the WIll County Habitat for Humanity organization and remains very active in the community.

Ms. Mikula provides consultations to clients in the area of family law. Over her years of practice, she has earned the esteem of her peers - including both judges and attorneys. Should you have a question or need to discuss any family law issues, QMM offers a free 1/2 hour consultation.

Bob Quinn to Speak at Business 101 Seminar in Bolingbrook on May 5, 2010!

2010-04-23T09:05:00.007-05:00

On Wednesday, May 5, 2010, Bob Quinn, partner at QMM, will be presenting to local business owners at a Business 101 event at the Bolingbrook Fountaindale Library, Community Room. Business 101 is an organization established by Marti Barton, Robyn McBroom and Todd McBroom, which allows new business owners to discuss issues/needs that arise when establishing a new business. Mr. Quinn will be speaking about legal issues involved with incorporating one's business and starting from the ground up. Other professionals will be speaking on issues such as accounting, HR, banking, and marketing.

The event is limited to a certain number of persons and costs $20 per person. If you would attend or need more information, contact Marti Barton via e-mail at: marti@wordcraftersonline.com.

QMM Settles Largest Work Injury Claim under the Illinois Injured Workers' Benefit Fund!

2010-04-05T15:42:00.010-05:00

QMM partner, Jason A. Marker, recently settled Doe v. Bill's Limousine, a workers' compensation claim, where a limousine driver was severely injured while attempting to assist a wheelchair client into a van she was driving for her employer. In doing so, she suffered a disc herniation to multiple levels of her cervical spine, which necessitated surgery. Ultimately, the case went to trial in Wheaton, Illinois and the Arbitrator found Petitioner to be permanently and totally disabled (never again able to work). The case was complicated by the fact that the employer did not have workers' compensation insurance as required by Illinois state law. Notwithstanding, Mr. Marker was able to settle the matter for over $304,000.00 with the State of Illinois, where Petitioner's recovery was paid under the Injured Workers' Benefit Fund.

The Injured Workers' Benefit Fund was created in 2006 as a way to pay injured workers the benefits they are entitled to under Illinois law in situations where employers fail to have the required workers compensation insurance. This was the first ever permanent total disability award under the Injured Workers' Benefit Fund and the largest settlement paid on such a case by the State of Illinois Attorney General's office to date.

If you've suffered a work injury and you would like more infomation on your rights, feel free to contact us at 630-759-7000 or via e-mail at: info@qmmlaw.com.

Do you know the 3 main benefits workers are entitled to under IL law?

2010-03-17T08:45:00.003-05:00

If your injury happened while you were on the job and was related to a job task you were performing, you are entitled to three main benefits:

1. Payment of all medical bills related to the injury,

2. Payment for time off work at 2/3 of your average weekly wage, and;

3. Payment for the permanent damage the injury has caused you - which equates to a percentage loss of use of the body part you injured - or - if you cannot return to your job - 2/3 of your permanent wage loss for life.

Knowing the percentage loss of use a person is entitled to for a settlement can be a tricky thing. Most often an insurance company will offer much less than what an injury might be worth. Most often, injuries are determined by past decisions, which are posted in an index for attorneys to review call the "Q-Dex". Not every case is clear, but attorneys with years of experience typically will know what percentages a worker will be entitled to for a particular injury within a small range.

If you have questions or would like to discuss any of these benefits in more detail, feel free to contact us at 630-759-7000 or e-mail a question to www.info@qmmlaw.com.

QMM and partner, Robert Quinn - receive "Best of Bolingbrook" awards

2010-03-01T16:52:00.004-06:00

On February 26, 2010, the firm was honored to win two distinguished awards from the Bolingbrook Community and the Area Chamber of Commerce. Nominated in the Professional Services category, the firm received the Best of Bolingbrook Business award after having previously been nominated for the same award for the past five years. We are both honored and gratified to receive this award in such a vibrant and growing community, especially considering the other top professional businesses which were also up for this award. The firm would like to thank the nominating committee and the residents of Bolingbrook for providing us their trust and confidence to serve over the past thirty years.

In addition to the firm being honored, partner Robert Quinn, received the prestigious Business Leadership award. For over thirty years, Mr. Quinn has devoted his time and talents to the citizens of Bolingbrook as a attorney and community activist. He has served on the Bolingbrook Chamber of Commerce as President and is currently the chair for the election committee for candidate for Circuit Court Judge, Wayne Kwiat, Sr.

To see how QMM can work for you, feel free to contact us at: info@qmmlaw.com or call 630-759-7000. We offer a free 1/2 hour consultation on most matters.

Illinois Supreme Court Strikes Down Tort Reform Statute

2010-02-06T13:34:00.006-06:00

The Illinois Supreme Court struck a blow to tort reformers across the country, when it recently found Illinois' reform statute, enacted in 2005, was invalid in its entirety. In a 5-1 decision, the court found that core provisions of the law--including a $500,000 non-economic damages cap in products liability, medical negligence, and wrongful death cases, was unconstitutional. The high court held the statute improperly encroached on the judiciary's powers and violated the state constitutional proscription against "special legislation" by arbitrarily discriminating against injured plaintiffs. (Best v. Taylor Machine Works, No. 81890 (111. Dec. 18, 1997).)

Supporters of tort reform see this as a huge blow to rising medical malpractice fees and patients getting the best medical care in the State of Illinois. Conversely, organizations such as the Illinois Trial Lawyers Association view the ruling as a protection to injured victims.

QMM concentrates in representing injured persons. If you or someone you know has been injured in a motor vehicle collision, on the job, or in any other way, feel free to contact us to learn how we can help. 630-759-7000

Real Estate Update - $8,000 Tax Credit Extended

2009-11-12T13:29:00.003-06:00

As you may have heard, the first-time home buyers credit of $8,000.00 has been extended recently by the Federal government, which is welcome news to the real estate community. The extension is good through June 2010 and the hope is this extension will allow further progress on the housing market for the last quarter of 2009 through the typically heavy spring/summer housing market in 2010. We welcome this as an opportunity for continued economic growth.

QMM concentrates in residential and commercial real estate transactions. If you or anyone you know might be a first-time home buyer, this would be an ideal time for them to purchase while taking advantage of this historic credit. We are happy to assist in all closings and welcome all questions/referrals.

In addition, the new legislation allows other categories of persons to obtain credits of up to $6,500 even if they are not first-time home buyers, but rather, are persons who have owned and occupied their homes for five years out of the past eight. Again, another welcome incentive for persons that might otherwise not have been able to move out of their existing homes due to the falling price of their home.

For more information, feel free to contact one of our attorneys at 630-759-7000 or via e-mail at: info@qmmlaw.com.

Do You Have Enough Auto Insurance Coverage?

2009-06-23T13:25:00.001-05:00

Having represented persons involved in motor vehicle collisions for many years, this is a question I wish more clients would have address before being the victim of an injury resulting from the negligence of another driver. Whenever I give presentations with respect to personal injury, this is also the number one recommendation I have for people - GET MORE INSURANCE AND PROTECT YOURSELF!!

Per Illinois law, persons operating a motor vehicle need only have a minimum of $20,000.00 in liability coverage. (For complete list of state insurance requirements - see www.insure.com). This means, that if one is the victim of an injury due to the negligence of another driver and you incur medical bills over $20,000, it is unlikely that you will recover anything more than $20,000.

What is the problem you might ask? Well, in today's world, medical treatment costs have risen to all time highs. A person can incur medical bills totaling over $20,000 very quickly, considering the large costs of Hospital care, tests such as x-rays and MRI's, and physical therapy. If a person sustains and injury requiring hospitalization or surgery, it is likely that his/her bills will go over $20,000. Legally, the person responsible for an accident (the Defendant) can be personally liable for any medical charges or pain and suffering as a result of their negligence over and above $20,000; however, in today's society, most people don't have large sums of extra money laying around and thus, it's difficult to recover anything further from them personally.

What should you do to protect yourself? You can obtain coverage on your own, called underinsured coverage. This would pay for anything over and above what is paid by the Defendant (over $20,000 for example, or an additional $80,000 if you had a $100,000 underinsured policy. I would recommend a policy of AT LEAST $100,000 to ensure you can recover both the medical loss and pain and suffering caused by another negligent driver. I have been told by many insurance agents that the difference in an underinsured policy of $20,000 versus $100,000, is many times only $5 to $10 extra dollars per month. Considering statistics show motor vehicle accidents are the leading cause of death for Americans aged 3-33 since 2002, why take the risk of having little to no insurance to properly compensate you for a loss? If you seek the proper coverage BEFORE your accident, you won't have to wonder why you can only recover such a small amount if your the victim of an injury caused by the negligence of a driver with low insurance coverage.

Will County Approves Memorials for Crash Victims

2009-04-30T07:51:00.008-05:00

The Will County Board recently became the first county in Illinois to approve a roadside memorial program allowing families who have lost loved ones to drunk drivers to apply for signage that will be placed at the site of the accident. A 36 x 24 inch blue sign with white letters will read, "Please Don't Drink and Drive," and an optional plaque can be placed below the sign with the name of the victim and the date of the crash. The bill is intended to raise public awareness of impaired driving by emphasizing its dangers and the loss of human life through roadway signs. Those interested may contact the highway department at 815-727-8476 for more information.

As a Bolingbrook Law Firm representing hundreds of will county residents in personal injury matters, Quinn, Meadowcroft & Marker is aware of the dramatic impact an injury or loss of life by a negligent driver can cause one's family. We applaud the legislation - The Roadside Memorial Act of Jan. 1, 2008 - and will continue to fight for the rights of those suffering injuries as a result of the negligence of other drivers.

If you or someone you know has suffered injuries as the result of a auto collision, please contact QMM for a free consultation. We can be reached via our website at http://www.qmmlaw.com/, via e-mail at info@qmmlaw.com, or by calling 630-759-7000.

Work Injury - Tip of the Week

2009-04-09T13:39:00.008-05:00

Be sure to notify your employer immediately any time you have any injury. Many employees are afraid to notify their employers when they are injured at work. Sometimes this is due to feeling one's injury is "nothing big" or "will go away". Other times, employees are afraid to tell their employers about their injuries for fear of being fired. Notifying one's employer of a work injury is required under the Illinois Workers Compensation Act. Specifically, employees must notify their employers of work injuries within 45 days.

We recommend employees notify their employers immediately even though you have 45 days to do so. This is because the more time that elapses between your injury and your notice to your employer, the more likely they will red flag your case.

Additionally, be sure to ask your employer to complete an accident report in writing. Most employers should have this form on hand and if they do not, their insurance company can forward one to them. We recommend employees notify their employers of EVERY part of their body they feel pain, even if minimal.

For more information on work injury claims, do not hesitate to contact our firm at 630-759-7000 or e-mail one of our attorneys at info@qmmlaw.com.

Estate Planning Tip of the Week - Are Your Beneficiaries Up to Date?

2009-03-25T15:24:00.014-05:00

As the economy continues its difficulties, we thought a tip to secure your family's future income was in order. The average persons owns either an IRA, 401(k), 403(b), or some other sort of retirement vehicle, by which they likely plan on living off of when they reach retirement age. Generally, we sign up for these accounts and list an initial beneficiary and perhaps a secondary beneficiary. However, thereafter, years pass and many of us forget to ensure our beneficiaries are listed properly on these retirement accounts. This tip is to remind you to review your beneficiaries listed on your accounts and update them frequently and often if you should need.

Why is this important you might ask? In some cases, the money may be paid to someone other than who you actually wanted to receive the funds. An example would be an IRA set up before you are married naming your parents or beneficiaries, when you really want the fund to go to your spouse. Also note that if no named beneficiaries survive you, your probate estate may end up as beneficiary by default. This can cause several problems as you probably cannot maximize tax deferrals by spreading out the distribution, and a probate will involve additional costs. Also, do not forget you probably want to designate secondary beneficiaries.

When it comes to the tax issues, your spouse is generally the best choice for a primary beneficiary. However, if your estate is very large, (over 3 million) naming the spouse will increase the size of the spouse's estate for possible death taxes at the time of your spouses death.

Remember, most inherited assets, such as bank accounts, stocks and real estate pass to the beneficiaries without income tax being due. This is generally not the case with 401(k) plans and IRA's. In any event, our tip is to review the beneficiaries on your retirement accounts, life insurance and/or other policies and make changes if necessary.

Should you have any further questions about this or any other estate planning issue, please feel free to contact us at 630-759-7000 or e-mail any of our attorneys at out website: www.qmmlaw.com.

Away We Go...

2009-03-10T09:40:00.008-05:00

The Bolingbrook law firm, Quinn, Meadowcroft & Marker (QMM), is pleased to announce the creation of its new Blog - BolingbookLegal !

The Blog was created to provide the people of Bolingbrook and surrounding communities with additional legal resources in the areas of practice in which the firm concentrates - which includes Injury Law, Workers' Compensation, Family Law (Divorce, Child Support, etc.), Real Estate Law, Business Incorporation, and Wills & Trusts. QMM is one of the most long standing legal firms in Bolingbrook. The firms initial partners, Reynar Meadowcroft and Robert Quinn, have been practicing in Bolingbrook and the surrounding communities for over 30 years. The firm has been nominated for the "Best of Bolingbrook Business" award the past 5 years. With such a history of excellence, the firm has become a mainstay in the area, providing expert legal representation within the areas of its concentration.

Currently, the firm comprises of four (4) attorneys. Along with Mr. Quinn and Mr. Meadowcroft, are attorneys Jason A. Marker, Esq. and Amber Mikula, Esq. Mr. Marker handles all injury matters, but most specifically work place injuries and serious auto collisions. He has successfully represented thousands of residents in the surrounding communities and is well respected by his peers. Mr. Marker litigates cases in Will, DuPage, Cook, Kane, and Kendall counties. He has successfully tried many jury cases and obtained large verdicts and settlements for clients. In addition, Mr. Marker serves on various Boards and devotes many hours to community endeavors, including Blue Chips for Life, a non-for-profit organization.

Ms. Mikula is a highly respected and experienced attorney, who practices family law the Will, DuPage, Cook, Kendall, and Kane counties. She is well known for her trial preparation and experience, having successfully litigated many family law matters before judges throughout the surrounding communities. In addition, Ms. Mikula serves as a Board member for the Joliet Habitat for Humanity non-for-profit organization and devotes countless hours to its success.

All of the attorneys at QMM have one main goal - to provide the highest quality of legal representation while communicating effectively with our clients every step of the way. At QMM, we truly value each and every client. We have not forgotten that the legal profession is a service profession and we take pride in forming relationships with out clients.

Now that you know about the firm, you may wonder why we created a Blog? This Blog is an effort to provide further communication to existing clients, new prospective clients, and the legal community, as to issues one may face on a daily basis within the areas of our practice. As many clients can attest, once faced with a life-altering event, (such as a serious injury, divorce, real estate closing, etc.) it is important to find proper guidance - tips if you will - by qualified and experienced professionals - to help navigate through the variety of minefields that ultimately befall them. It is the hope of each attorney at QMM that we can provide persons with the type of information that will help during these times of crisis.

As such, we anticipate posting various summaries, tips, and other communication in a well thought-out and practical manner. It is our goal to allow anyone who reads this Blog to understand how they can help themselves in these times of crisis. Of course we invite anyone reading the Blog to contact the firm with any questions. The firm telephone number is 630-759-7000. We are located conveniently on Boughton Rd., just east of Schmidt Rd. in Bolingbrook. The firm website address is http://www.qmmlaw.com/.

As any proper attorney should, we must caution all persons reading this Blog with a proper disclosure - that is - every persons situation is different. The postings on this site are meant as general guidance and/or summary only. We caution all persons to understand that every situation is unique and by these postings, we are in no way meaning to provide legal representation or form an attorney-client agreement. This can only be done after proper consultation with QMM attorneys and signing appropriate representation documents.

And so, the QMM Blog is off and running....into a computer near you!