PERSONAL INJURY ATTORNEY AND ILLINOIS WORKERS COMPENSATION LAWYER

Michael Favia is an aggressive Illinois workers compensation lawyer and personal injury attorney who offers legal service on a contingent fee basis, which means he gets paid only if your case wins. He uses a team approach involving experts and investigators to fight for his client's rights and obtain maximum results. Our personal injury and workers compensation areas of practice include:

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PROFESSIONAL LICENSING AND HEALTH LAW ATTORNEY

Michael Favia has 25+ years of experience as an Illinois lawyer. His experience in Health Law is very extensive and diversified. He has served as an Assisitant Attorney General and subsequently retained by the Governor of the State of Illinois at the Chief of Prosecution and Senior Technical Advisor to the Illinois State Professional Licensing Boards at the Illinois Department of Professional Regulation. As the Chief of Prosecution,he directed the statewide enforcement of Illinois professional licensing statutes, including the Medical Practice Act. He supervised 15 attorneys and support personnel in the statewide regulation of approximately 30 professions in which 150,000+ professionals were licensed.

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CITY, COUNTY AND STATE LEGAL COUNSEL AND MORE

Attorney Michael V. Favia has had broad experience as an advisor and counsel to several elected officials in the City of Chicago. In 1984, he was retained as the attorney for the Chicago City Council's Committee on Housing and Neighborhood Development. He assumed responsibility for the overall legal operation of the Committee and the drafting of applicable legal ordinances and statutes. He advised aldermen and other city officials on a daily basis. He represented the interests of the City and community in various courts and at administrative hearings. He continues to be actively involved in the City, County and State matters for many of his clients.

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Michael V Favia’s Latest Posts

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Worker’s Compensation

Workers’ compensation law, especially Chicago workers’ compensation and Illinois workers’ compensation, are Attorney Michael Favia’s focus.

Attorney Michael Favia is an outstanding Chicago workers’ compensation lawyer. His knowledge of workers’ compensation law has been accumulated through 25+ years of practice. His keen understanding of Illinois workers’ compensation law gives this Chicago workers’ compensation attorney an advantage in planning strategies to win your case.

According to Illinois workers’ compensation law, workers deserve to be compensated for:

– injuries

– disabilities

– lost wages

– medical expenses

– loss of capacity to enjoy life and

– inconvenience

Attorney Favia has helped clients obtain the best possible results in Illinois workers’ compensation cases.

Illinois Worker’s Compensation Information

What is workers’ compensation?
Workers’ compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases.  These benefits are paid regardless of fault.  The amount of the benefits is limited by law.

Who is covered?
Almost every employee who is hired, injured or whose employment is localized in the state of Illinois is covered by workers’ compensation.  These employees are covered from the moment they begin their jobs.

Who provides the benefits?
The employer is responsible for providing benefits.  The employer pays the benefits either directly or through a service or insurance company that administers the program for the employer.  No part of workers’ compensation insurance premium or benefits can be charged to the employee.

For what injuries and diseases are benefits paid?
In most instances, workers’ compensation benefits are paid for actual injuries that are caused, in whole or in part, by the employee’s work.  Workers may also be compensated for aggravation of a pre-existing condition.

Injuries are accidental if they happen unexpectedly, without plan or design.  This includes injuries brought on by the repetitive use of a part of the body, as well as strokes, heart attacks or any other physical problem caused by work.

Injuries suffered in employer-sponsored recreational programs (e.g., athletic events, parties, picnics) are not covered unless the employee is ordered by the employer to participate.  Accidental injuries incurred while participating as a patient in a drug or alcohol rehabilitation program are not covered.

What benefits are provided?
A.  Medical Care Benefits
The injured employee is entitled to receive all necessary first aid, medical, surgical and hospital services reasonably required to cure or relieve the effects of the injury or disease.  Where necessary, the employee is also covered for vocational rehabilitation.

B.  Temporary Total Disability Benefits.
Employees who must lose time from work in order to recover from the injury or disease are entitled to receive weekly payments until they are able to return to work that is reasonably available to them.  The payments represent two-thirds (66 2/3%) of the employee’s average weekly earnings during the year before the accident or last exposure, subject to certain limits.

C.  Permanent Disability, Disfigurement and Death Benefits
When the employee has sustained an injury or disease which results in permanent disability, scarring or other disfigurement, additional benefits are provided to the employee.  If the injury or disease results in the employee’s death, certain members of the employee’s family are entitled to benefits.

Can an employee be fired because he or she reported an accident?
It is against the law for the employer to harass, discharge, refuse to rehire or in any way discriminate against an employee for exercising his or her rights under the Workers’ Compensation or Occupational Disease Act.

Are workers’ compensation benefits subject to income tax?
No.  Workers’ compensation payments are not subject to state or federal income tax and need not be reported on returns as income.

Who should the injured worker notify?
The employee must inform the employer promptly.  Any delay in the notice to the employer can delay payment of benefits; a delay of more than 45 days may result in the loss of all benefits.  Notice to a fellow worker who is not a part of management is not considered notice to the employer.

What if an employee does not receive the benefits provided by law?
The employee may contact the employer or the employer’s representative directly.  Failure to communicate may result in confusion or misunderstanding.

The employer and employee may also contact the Industrial Commission for more information.  If a dispute remains unresolved, a claim should be filed with the Industrial Commission.

What should the employee and employer know about retaining an attorney?
Both the employer and employee may retain legal counsel, and frequently do.

Our attorney fee is 20% of the amount of the compensation recovered, unless additional fees are allowed by the Commission after a hearing.  We will not charge a fee on TTD benefits unless the employer fails to pay these in a timely manner or in the proper amount; or unless the employer stops paying such benefits, and payments are obtained or reinstated through the efforts of the attorney.

Contingent Fee Plan

No attorney’s fee unless you receive compensation. That’s right! The Chicago law firm of Attorney Michael Favia accepts personal injury, car accident, worker compensation, general accident and civil litigation cases on a “contingent fee” basis. The fees are contingent upon the outcome of the case. If the client receives compensation, the attorney will receive an agreed upon percentage of the award as his attorney’s fee. However, if the client does not receive compensation, the attorney receives no fee for his professional services.

The percentage charged ranges from 20% to 40% depending upon the type of case and whether it is settled early, goes to trial or is settled just before trial.

The contingency fee enables ordinary people – who simply could not afford legal fees – to receive the best possible legal representation in their case.

In addition to attorney’s fees, there are litigation costs such as filing fees, fees for medical records, expert witness fees, etc. which are not contingent upon the outcome of the case and must be charged to the client. Attorneys are permitted to advance (loan) these costs to the client. The total costs are then deducted from the client’s share of the compensation at the conclusion of the case.

Personal Injury

THE LAW OFFICES OF MICHAEL V. FAVIA & ASSOCIATES are a local, Chicago personal injury law firm with a reputation of successfully representing individuals and families involved in personal injury or wrongful death accidents. Our team of lawyers and investigators have over fifty years of combined experience in personal injury cases. We pride ourselves on providing each client with special, personal attention to their case.

IF YOU NEED

AN AGGRESSIVE PERSONAL INJURY ATTORNEY, a wrongful death lawyer, an attorney for car accidents, motorcycle accidents, or if you or a loved one has sustained a spinal cord injury (SCI) brain injury or other serious or catastrophic injuries, call The Law Offices of Michael V Favia & Associates. We Can Help.

OUR YEARS OF EXPERIENCE WITH PERSONAL INJURY CASES GIVE YOU AN ADVANTAGE:

Our office’s systems and procedures are specifically designed to handle your injury cases. Our focus and energy are adapted to handle cases such as yours.

– Spinal Cord, Neck and Back Injuries.
– Wrongful Death Claims
– Brain Damage and Neurological Injuries
– Fractures, Dislocations and Amputations
– Chemical and Burn Injuries
– Child Injuries, and
– All other Severe, Permanent or Crippling Injuries

THE TYPES OF SERIOUS PERSONAL INJURY CASES WE HANDLE ARISE FROM

– Car Accidents and Motorcycle Accidents
– Pedestrian and Bicycle Accidents
– Construction, Work and Industrial Accidents
– Defective and Dangerous Products
– Premises Liability; Slip, Trip and Fall Accidents
– Medical and Hospital Malpractice
– Dog Bites
– All other Negligent and Wrongful Acts

For your convenience, we have offices serving all of Chicago, Cook, Lake, DuPage, Will, Kane, McHenry, and Kendall counties. If you are unable to come to us, we will visit you at home, work, or hospital 24 hours a day, 7 days a week.

NO FEES OR COSTS IF NO RECOVERY

All cases at The Law Offices of Michael V Favia & Associates are handled on a contingency percentage basis and if there is no recovery, there are no fees or costs. (Some law firms advertise “no recovery, no fees” but later charge you to recover their costs.)

FREE CONSULTATION

All attorney telephone consultations are free. If you can’t come to us, we can meet with you at your home, office or hospital, usually within four hours or less. You will receive free legal advice regarding your case on-line or over the phone.
Tell us about your case now. Call 1-773-631-4580

WE ADVANCE COSTS

We advance all costs and expenses. If you, a family member, or loved one has suffered a personal injury, please contact us via e-mail or call (773) 631-4580. There is no charge for an attorney consultation or case evaluation. Take advantage of our free legal advice.

Contact Us

Michael V. Favia & Associates

5045 N Harlem Ave
Chicago, IL 60656

Phone: (773) 631-4580
Fax: (773) 631-7776

Email: favia@lawyer.com

Other Locations Available By Appointment – Please Call

Michael V Favia

Michael V. Favia

Michael V. Favia

John Marshall Law School, J.D., 1982; Loyola University, BBA 1978; Assistant Illinois Attorney General; Counsel to the City of Chicago; Former Chief of Medical and Health Related Prosecutions for the Illinois Department of Professional Regulation, directed the statewide enforcement of the Illinois Medical Practice Act and numerous other regulatory and licensure statutes. Selected by peers as a “Leading Lawyer” in the field of Health Law.

-Rated AV- Highest Legal Ability Rating by Martindale Hubbell Peer Review Rating System.
-Member of the Illinois Bar Association for over 25 years
-Member of the Chicago Bar Association since 1982

Practice: Michael V Favia & Associates represents individuals, licensed professionals, large and small corporations, professional groups, and organizations throughout the State of Illinois. His highly skilled team of affiliated attorneys have over a century of legal expertise in all areas of law. The Law Offices of Michael V Favia and Associates emphasizes Personal Injury cases, and has over fifty years of specialized experience in this area. Other practice areas include: Personal Injury, Real Estate Law, Estate Planning, State Licensure Matters, all levels of Corporate Law, Medical Malpractice and any other legal needs you may have. Michael V Favia is the last attorney you’ll ever need to find.

As the former Chief Attorney for the Illinois Department of Professional and Financial Regulations, Michael V Favia also represents all types of medical providers and health professionals in licensure matters, investigations and contested hearings before the Illinois Department of Professional Regulation, Illinois Department of Public Aid, Illinois Department of Public Health, and at Hospital and Professional Society Disciplinary Proceedings. Practice also includes General Civil Litigation, Managed Care Consultations, Contract Review and Personal Negligence Matters.

Memberships: Illinois State Bar Association. Committees: Governing Assembly Member, Health Law Section Council (Past Chair), Tort Law Section Council, Inter-Professional Cooperation (Past Chair), Voluntary Fee Arbitration (Past Chair), Business Advise and Financial Planning; Chicago Bar Association Committees: Health Care Committee, Insurance Committee and Medical-Legal Relations; Justinian Society of Lawyers (Past-President); The John Marshall Law School Alumni Association Board of Directors; Government Bar Association; Northwestern Business College Advisory Board (ret.); Joint Civic Committee of Italian Americans (Executive Committee); International Association of Board Examiners in Optometry (Counsel). Illinois College of Optometry (Retired); Illinois Eye Institute Foundation (Chairman); Association of American Physicians and Surgeons (Founding Member – Illinois Chapter), Illinois Professional Licensure Consultants, Ltd. (CEO); Advocates Society; Illinois Police Association, Joint Civic Committee of Italian Americans, Executive Committee (ret.); National Italian American Bar Association; Hispanic Service Corporation of America, (Past-President); Illinois Hispanic Chamber of Commerce; Italian American Political Coalition, Board of Directors; Outstanding Lawyers of America; Political and Community Affairs – Fiore Radio Program Director; Medical Malpractice Task Force – Illinois Eye Institute (Foundation Chairman); City of Northbrook Safety Commission, Commissioner; Anawis, Favia & Sohn, LLC MD/JD Heath Care Consultants, Partner.

Publications: Reporting Requirements in Settlements, IICLE Malpractice Handbook, 2011; A Legal Matter: Data Bank Expands to Include Nurse Disciplinary Action, Chicago Hospital News, Volume 8 Issue 2, 2010; ; 2008 Illinois Nurse Practice Act Shows Progress for Nurses in Illinois, Chicago Hospital News, Volume 7 Issue 2, 2009; Favia Sees The Law As A Helping Profession, Fra Noi, Volume 49 Issue 05, 2009;  Electronic Medical Records – Physicians begin to embrace technology, Chicago Medicine Vol. 111, No. 7, 2008;Physicians: give careful consideration to employment agreements, Chicago Medicine Vol 110, No 15, 2007; IDFPR: The Illinois Department of Financial and Professional Regulation – An Overview For Health Care Professionals, Chicago Hospital News, May 2008;Attention Healthcare Practitioners: The National Data Bank Can Ruin Your Career!, Chicago Medicine, Vol. 110, No. 4, 2007; Fee Splitting MRI Imaging Services Case May Pique the IDFPR’s Interest, Chicago Medicine, Vol. 109, No. 16, 2007; Co-Author, “An Overview of the Illinois Department of Professional and Financial Regulation,” 95 Illinois Bar Journal 8, 2007; Co-Author, “Vine Street’s Impact on PPO/Doctor Business Arrangements,” 95 Illinois Bar Journal 7, 2007; Co-Author, “Reporting Requirements in Settlements,” IICLE. Handbook on Medical Malpractice, 2007; Co-Author, An Attorney’s Guide to the Illinois Department of Professional Regulation, 82 Illinois Bar Journal 204 (1994); A Common Guide to Controlled Substance Prescribing, 94 Chicago Medical Journal 24 (1994); A Pharmacist’s Guide to the Illinois Department of Professional Regulation, Journal of Pharmacy Practice, Vol. VIII (April 1995); President’s Messages, Justinian Society of Lawyers Newsletter; Editor, Health Care Alert; Co-Author, Southern Illinois University Law Journal, 1996 & 1997, Survey of Illinois Health Law.

Lectures: Lecturer, State Regulation of the Health Related Professions, Chicago Medical School; 2012,  Lecturer, Health Law in Practice, DePaul Law School; 2012,   Moderator, Legal Careers in the Health Field, Illinois Bar Association; 2008,  Lecturer, Legal Careers in the Health Field – Representing Healthcare Professionals in Licensure/Disciplinary Matters, Illinois Bar Association; 2008,  Illinois Institute of Continuing Legal Education Lecture on Medical Malpractice and Reporting Requirements (2006); Illinois State Bar Association, “Reporting Health Care Providers in a Changing Environment (2003); Federation of the Podiatric Medical Boards: Regulatory Issues Impacting the Podiatric Profession (2003); Illinois College of Optometry: Lecture on Business and Legal Considerations in the Operation of a Medical Practice (2003); Lake County Medical Society/ Northeast Suburban Pharmacist Association Annual Meeting: State Regulation of the Health Related Professional (2002); Illinois Osteopathic Medical Society: Establishing a Medical Practice (2002); Westlake Hospital: Legal Issues in the Practice of Medicine (2000); Kent Law School: The Practice of Health Law – An Overview (2000); Justinian Society of Lawyers: The Role of Arbitration and Mediation in Today’s Law Practice (1999); Chicago Medical Society: Managed Care/Legal Risks (1997, 1998 & 1999); Illinois State Bar Association: The State Regulation of Physicians (1996); Practice before the Illinois Department of Professional Regulation (1995); Interprofessional Relations and Cooperation (1992). Illinois Psychological Association: Current legal issues affecting the practice of Psychology (1995). Chicago Bar Association: Representing Health Practitioners at the Illinois Department of Professional Regulations (1994). Illinois Department of Professional Regulation: Various Training Programs and Seminars for Health Prosecutors and Investigators (1988-1996). Office of the Illinois Attorney General: Consumer Fraud Update Seminar (1987), Real Estate and Mortgage Fraud Issues (1988).

Honors and Awards: Professional Defender Network’s “Defender of the Year”, 2009; Congressional Order of Merit, 2003; Illinois Optometric Society’s “Friend of Optometry Award”, 2001; Leading Lawyers Network Annual Award, 2004-Present; “Leading Attorney” in the field of Health Law, Peer Recognition Survey, (Only top 8% of Attorneys selected); Martindale-Hubbell AV rated attorney; Distinguished Service Award, The John Marshall Law School, 2004; Strathmore’s “Who’s Who Recognition Award”, 2004.

Professional Regulation and Licensing

Attorney Michael V. Favia served as an Illinois Assistant Attorney General, and subsequently as the Chief of Medical and Health Related Prosecutions for the Illinois Department of Professional Regulation – now known as the Illinois Department of Financial and Professional Regulation (IDFPR) – for 8 years. He has extensive experience in legal matters regarding Illinois Professional Regulation and Licensure and was Chair of the Illinois State Bar Association’s Health Care Section Council.

For an overview of the Illinois Department of Financial and Professional Regulations

Click here

During his tenure at the IDFPR, Attorney Favia became greatly knowledgeable about the operations of the Department and health law in general.  Not only did he head the Department’s staff of legal counsel, but he also used the valuable experience he gained at the Department to publish articles in legal journals and give lectures to assist health professionals in effectively dealing with the Department in matters of professional regulation and licensure as well as medical malpractice.

Some of his publications include:

IDFPR: The Illinois Department of Financial and Professional Regulation – An Overview For Health Care Professionals,Chicago Hospital News, May 2008;

A Legal Matter: Data Bank Expands to Include Nurse Disciplinary Action,
Chicago Hospital News, Volume 8 Issue 2, 2010

2008 Illinois Nurse Practice Act Shows Progress for Nurses in Illinois,
Chicago Hospital News, Volume 7 Issue 2, 2009;

Electronic Medical Records – Physicians begin to embrace technology,
Chicago Medicine Vol. 111, No. 7, 2008;

Physicians: give careful consideration to employment agreements,
Chicago Medicine Vol 110, No 15, 2007;

Attention Healthcare Practitioners: The National Data Bank Can Ruin Your Career!,
Chicago Medicine, Vol. 110, No. 4, 2007;

Fee Splitting MRI Imaging Services Case May Pique the IDFPR’s Interest,
Chicago Medicine, Vol. 109, No. 16, 2007

Illinois Supreme Court Decision Warrants Review of  Physican Business Arrangements,
Illinois Bar Journal, Spring 2007

Reporting Requirements in Settlements,
Illinois Institue for Continuing Legal Eduction, Medical Malpractice Volume, 2006.

A Pharmacists’ Guide to the Illinois Department of Professional Regulation,
Journal of Pharmacy Practice, Vol. VIII, April 1995

A Common Guide to Controlled Substance Prescribing,
Chicago Medical Journal 24, 1994.

Michael Favia also presented numerous lectures at the Illinois Bar Association on the following topics:

Department of Professional Regulation Issues, Illinois State Bar
Association Health Care Section seminar on Representing Health
Care Providers in a Changing Environment, May 2003

Guest speaker at a seminar on Detecting and Treating the
Problem of Drug-Seeking Patients at a combined meeting of the
Lake County Medical Society and the Northeast Illinois
Pharmacist’s Association.  Michael spoke on State Regulation of
the Health Related Professional, 2002

The State Regulation of Physicians, Illinois State Bar
Association, 1996

Practice Before the Illinois Department of Professional
Regulation, Illinois State Bar Association, 1995

Interprofessional Relations and Cooperation, Illinois State Bar
Association, 1992

Now, in private practice, Michael Favia uses this health related expertise on behalf of his clients, who include:

  • physicians
  • pharmacists
  • psychologists
  • nurses
  • dentists
  • chiropractors
  • optometrists
  • podiatrists
  • osteopaths
  • veterinarians
  • physical therapists
  • health care professionals
  • hospitals
  • health care providers
  • and almost every other profession regulated by the Illinois Department of Financial and Professional Regulations

He has retained his close ties to the medical community and is currently counsel for:

Illinois Eye Institute Medical Malpractice Task Force, 2002 –
Present

Hispanic Service Cooperation of America, 2000 – Present

Association of American Physicians and Surgeons, 1999-Present

Association of Regulatory Boards of Optometry, 1998 – Present

 

Medical Malpractice

Attorney Michael V. Favia was Chief of Medical and Health Related Prosecutions for the Illinois Department of Professional Regulation for 8 years.  He also served as Chair of the Illinois State Bar Association’s Health Care Section Council.

During his time at the Department of Professional Regulation he became intimately knowledgeable about the operations of the Department and health law in general.  In addition to heading the Department’s staff of legal counsel, he also used the invaluable knowledge he gained as a medical malpractice attorney to publish articles in legal journals and give lectures to assist health professionals in effectively dealing with the Department and medical malpractice law.

Now, in private practice, attorney Favia uses this expertise on behalf of clients, who include physicians, pharmacists, health care professionals, health care providers, as well as patients and their families.

He has retained his close ties to the local and medical community and is currently counsel for the following:
Quintarios, Prieto, Wood & Boyer – Present
Illinois Eye Institute Medical Malpractice Task Force, 2002 – Present
Hispanic Service Corporation of America, 2000 – Present
Association of American Physicians and Surgeons, 1999 – Present
Association of Regulatory Boards of Optometry, 1998 – Present

Illinois Medical Malpractice Information

Illinois medical malpractice lawsuits are based predominantly upon tort law.  A tort law is a civil wrong, other than a breach of contract, for which the law will provide a remedy in the form of an action for damages.  One of the primary bases of tort liability is negligence.

As a general rule, Illinois courts have defined negligence as “the failure to do something which a reasonably careful person would do, or doing something which a reasonable person would not do.”

In the typical Illinois medical malpractice action, negligence is ordinarily determined by measuring the conduct of the defendant physician against the standard of care of the reasonably careful and prudent medical practitioner.  Thus, negligence may be viewed as a breach of the physician’s duty to exercise reasonable skill and care in the treatment of a patient.

In order to recover damages from a physician for malpractice based upon negligence, the patient must prove all four of the following elements:

1. DUTY – the patient must show that the physician owed the patient a particular duty or obligation.  This duty, recognized by law as created by the patient-physician relationship, requires the physician to act in accordance with specific norms and standards established by the profession for the protection of patients against unreasonable risks.

2. BREACH OF DUTY – the patient must show that the physician failed to act in accordance with these established norms by any act or omission violating the duty of care owed to the patient.

3. CAUSATION – the patient must show the existence of a casual connection between the act or omission of the physician and the resulting injury.  This is commonly known as legal cause or proximate cause, which differs from medical causation in that it refers to “a” cause and not necessarily “the” cause or even the most immediate case, as is the case with medical causation.

4. DAMAGES – the patient (in some circumstances the plaintiff is someone other than the patient, such as the patient’s parent, spouse, children or the estate of a deceased patient) must establish that because of the physician’s act or omission, actual loss or damage has been incurred.  Damages may include disability and disfigurement, pain and suffering, medical expenses and other financial loss.

Steps to Minimize Medical Malpractice Risks

1.  Keep current on medical procedures and standards.  Maximize the time you devote to C.M.E. programs.

2.  Seek consultations and/or utilize referrals to specialists whenever appropriate.  No one physician can know it all.

3.  Maintain a “manageable” private practice.  Hire competent help and personnel to assist but remember that the physician remains the captain of his ship.

4.  Obtain thorough patient histories and maintain good medical records.  The importance of keeping thorough written medical records cannot be overemphasized.

5.  Inform patients about their medical condition, its prognosis and the risks involved.  Communicate often and ascertain that the patient understands what you are communicating.  Memorialize all pertinent conversations.  However, if something goes wrong, never admit fault – you may not really have done anything wrong at all.

6.  When examining a patient of the opposite sex, have a nurse in the room as a witness.  This will avoid typical “he said/she said” claims.

7.  Always maintain adequate medical malpractice insurance coverage ($1+million).