Posted on August 13, 2011 by Mike Helfand

Five things to know about occupational diseases in Illinois

  1. Occupational diseases are illnesses or conditions caused by exposure to something harmful on the job. In order to be eligible for benefits, an employee’s exposure has to be related to the job. Examples include dust, fumes, chemicals, radiation, etc. These cases fall under the Occupational Disease Act, rather than the Workers’ Compensation Act, although they are very similar.
  2. Practically speaking, the main difference between occupational diseases and typical work injuries is the timeline. Exposure to chemicals can cause health problems years, even decades, after exposure, whereas a slip and fall at work is pretty straightforward. In occupational illness cases, extra effort is required to gather evidence, as exposure can be difficult to quantify.
  3. In these cases, investigators can be used to gather evidence. OSHA investigates dangerous work conditions and can be a good way to get the evidence you need. Other times, an employer will cooperate, or an attorney will hire a private investigator to do some of the work. Whatever the method, the goal is to link your condition to your job.
  4. If your doctor links your disease to your work, you are eligible for benefits, which include 100% of your medical bills, 2/3 of your average weekly wages if you are out of work because of your condition, as well as possible compensation if your injury is permanent. Even when a job is not the only cause of an illness, benefits should be available. The job just needs to be a contributing factor to the worker’s condition.
  5. There are deadlines for filing claims for workers’ compensation. As soon as you suspect you have an occupational illness, get medical attention, and then talk to an attorney about how long you have to file a claim. Missing the deadline can end your case.

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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