Workers’ compensation in Illinois operates under a no-fault system whereby workers receive benefits if they develop any illnesses or injuries arising directly from their job duties. One of the big yet complex categories of claims for workers’ compensation is occupational diseases. Having represented numerous cases of workers’ compensation here in Antioch, I am fully aware of the complexities involved with occupational disease claims and how they may affect workers’ eligibility to receive benefits.
Occupational diseases are those illnesses that develop from the work environment or even the nature of the employment itself. Examples would include long-term exposure to toxic chemicals, repetitive stress injuries, and illnesses contracted by working in an unhealthy air environment. The Illinois Workers’ Compensation Act 820 ILCS 310 states workers’ rights for compensation in developing such diseases; it does, however, specify that these health issues have to arise out of and in the course of their employment.
However, the most significant legal problem with such diseases is that it requires proving a direct link with the workplace. Because many occupational diseases develop over time, this connection may not be clear. Furthermore, the burden of proof rests on an employee’s shoulders, who must present the medical evidence that his or her condition is indeed job-related.
Further, many workers’ compensation claims have involved difficult statutes of limitation under the Illinois Workers’ Compensation Act. For example, the employee may make a claim three years from the date of the occurrence of the disability or within two years from the last date of employment during which the exposure occurred, whichever is later (820 ILCS 310/6(d)). The time limits imposed by these laws are strict, and their failure would mean that a loss of rights to any kind of compensation.
Enough evidence is critical to the case. This will involve comprehensive medical records, expert opinions, and at times epidemiological data that can substantiate the claim of disease association with workplace conditions. Further, documentation with regard to workplace safety conditions or the lack thereof, and all measures or actions taken by the employer to mitigate such risks should also be covered.
These benefits may include medical expenses covered, lost wages, and permanent disability after a worker’s claim has been accepted. Such benefits are important in enabling the affected workers to live with their conditions and sustain themselves financially if they were to become unable to continue with work.
Workers’ Compensation Frequently Asked Questions (FAQs)
What Constitutes An Occupational Disease?
An occupational disease is any chronic ailment that occurs as a consequence of work or occupational activity. It is differentiated from the other types of work-related injuries that may result from an accident or single incident in that it develops over time.
How Do I Prove My Illness Is Work-Related?
Proof of the work-related illness can be said to be, through medical evidence, that the condition of the claimant was more probably caused by the work. The proving process requires detailed medical diagnosis, documentation of workplace conditions, and sometimes even expert testimony on occupational health.
Can I Sue My Employer If I Develop An Occupational Disease?
Workers’ compensation is usually your exclusive remedy in Illinois. If you seek workers’ compensation benefits for a work-related illness, you may not sue your employer for the condition. Third-party negligence often allows exceptions or additional ways you can take legal action for your condition.
What If I Feel My Injury Is An Occupational Disease?
If you believe that your condition might be an occupational disease, then you need to report the condition to your employer immediately. You will also want to see a doctor and apprise your medical professional that you suspect your symptoms may be connected with the workplace environment. The earlier your symptoms can be documented, the more your claim may be supported.
How Long Do I Have To File A Workers’ Compensation Claim In Illinois For An Occupational Disease?
In Illinois, you generally have three years from the date you knew or should have known that the disease was related to your employment. However, to avoid any statute of limitation issues, it is best to file immediately upon discovery.
Can I Receive Benefits For A Pre-Existing Condition That Was Made Worse Because Of My Job?
Yes, you may be entitled to, as long as your pre-existing condition has been made worse by either your job duties or your work environment. What is crucial is evidence that the job substantially contributed to your condition getting worse.
What Type Of Medical Evidence Is Required To Support An Occupational Disease Claim?
Other types of medical evidence that may be utilized include, but are not limited to, diagnostic tests, medical evaluations, expert testimony, and treatment records. It is also helpful when records reflecting the history or development of the disease are available, along with expert opinions relating the condition to the work environment.
Are There Certain Occupational Diseases More Commonly Accepted For Workers’ Comp Claims?
Diseases that commonly are accepted in workers’ compensation claims are recognized by the nature of certain jobs. For example, respiratory diseases are common among those whose industries involve working with dust, chemicals or other potential irritants. Hearing loss is common in occupation involving high decibel environments and repetitive stress injuries become accepted in jobs requiring repetition.
What If I Can No Longer Work Because Of An Occupational Disease?
If the development of an occupational disease prevents you from returning to work, temporarily or permanently, the workers’ compensation system may provide disability benefits. The amount would depend upon whether the disability is considered partial or total and temporary or permanent.
Is There A Choice In The Doctor To Be Used For The Treatment Of An Occupational Disease?
Under Illinois workers’ compensation law, you are allowed to select your physician for treatment. Keep in mind that there is a restriction with respect to the number of physicians you can visit without a referral. Your employer may also require that you visit a physician of its own selection for a second opinion.
Does Filing An Occupational Disease Claim Differ From Other Types Of Workers’ Compensation Claims?
The approach is similar but the claims are normally more involved, requiring a good deal more medical evidence to prove the origin of the disease with respect to the workplace. Such claims may also be more closely scrutinized by insurers.
Contact Our Antioch Workers’ Compensation Attorney For Your Free Consultation
Whether it’s you or a loved one, if you believe your illness somehow involves working conditions, and you are fighting to manage your disease, don’t hesitate to seek help. Contact our Antioch workers’ comp attorney at The Law Offices of Robert T. Edens by calling 847-395-2200 to receive your free consultation.
