Supreme Court rules for nursing home patient’s family
Supreme Court News
The Supreme Court on Thursday ruled for the family of a nursing home resident with dementia that had sued over his care, declining to use the case to broadly limit the right to sue government workers.
The man’s family went to court alleging that he was given drugs to keep him easier to manage in violation of his rights. The justices had been asked to use his case to limit the ability of people to use a federal law to sue for civil rights violations. That outcome could have left tens of millions of people participating in federal programs, including Medicare and Medicaid, without an avenue to go to court to enforce their rights.
The Supreme Court has previously said that a section of federal law — “Section 1983” — broadly gives people the right to sue state and local governments when their employees violate rights created by any federal statute.
The court by a 7-2 vote reiterated that Thursday, with Justice Ketanji Brown Jackson writing that Section 1983 “can presumptively be used to enforce unambiguously conferred federal individual rights.” Both liberal and conservative justices joined her majority opinion while conservative Justices Clarence Thomas and Samuel Alito dissented.
The court had been asked to say that when Congress creates a federal spending program — giving states money to provide services such as Medicare and Medicaid — they shouldn’t face lawsuits from individuals under Section 1983. The court rejected that invitation.
The specific case the justices heard involves the interaction of Section 1983 and the Federal Nursing Home Reform Act, a 1987 law that outlines requirements for nursing homes that accept federal Medicare and Medicaid funds. The court was being asked to answer whether a person can use Section 1983 to go to court with claims their rights under the nursing home act are violated. The answer is yes, the court said.
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How do you qualify for workers compensation in Illinois?
The Workers’ Compensation Statute protects every employee in the State of Illinois.
A victim of a work-related injury or illness is eligible for many forms of compensation including reasonable medical care required to cure or relieve the impact of the injury, lost time from work, and any temporary or permanent disability.
Illinois Workers’ compensation is a system of benefits that:
– Pays for the medical treatment and medical bills incurred by work-related injuries and illnesses.
– Pays for the lost time from work
– Pays for any temporary or permanent disabilities
– Covers nearly every employee in Illinois
– and begins the very first day that you start working for your employer.
Employers in Illinois are required to purchase workers’ compensation insurance for their employees and the insurance companies fund the payment of worker’s compensation benefits for employees’ claims. In the event of a dispute, the Illinois Workers’ Compensation Commission (IWCC, or the Commission) enforces the state’s worker’s compensation laws and protects worker rights.