Posted on September 18, 2009 by Mike Helfand

C-diff or other infections. How do you prove it's an Illinois work comp case?

We received a call a while back from a nurse at a Chicago area hospital.  She had developed a C-diff infection and was looking for a lawyer.  C-diff, like many infections, can be life threatening and is known to cause major colon damage.

The question for this nurse or anyone that thinks their infection is job related is how do you actually prove that you picked it up on the job?

Like any other case where you don't have a specific injury (e.g. back pops while lifting a box), you need your testimony about your job activities and an opinion from your doctor that your job contributed to the condition.

In the case of the nurse, she knew that there were patients on her floor that had C-diff, but because of confidentiality rules, she couldn't get those records.  We were able to achieve success for her because her independent knowledge, along with the fact that she had no other reliable contributing factors, caused an infectious disease doctor to state that more likely than not her work as a nurse played a role in her getting C-diff.

Whether you get C-diff, MRSA, or any other infection, it is your burden to show that it's work related in some way.  By properly explaining your situation to your doctor you can usually succeed in obtaining benefits when the evidence is on your side.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Comments (2) Read through and enter the discussion with the form at the end
stacey staff - October 14, 2009 2:12 PM

Do you know how permanent partial disability is vauled for contracting MRSA or C-diff?

Mike Helfand - October 19, 2009 10:40 AM

For us to prove permanency for C-diff, MRSA or anything else, we have to show how this will affect you in the future. Even if you are feeling great now, something will still likely be owed based on the treatment you've received. There is no way to say what the value is without seeing all of the medical records. Of course if you want our help feel free to call us at (312) 346-5578.

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