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.

Anything that traces back to your original injured is part of your case

We are representing a very nice woman who broke her hip when she fell off of a chair.  She had to go to a nursing home as part of her care after surgery.  Her doctor believes that while in the nursing home she contracted C-diff which is a very severe infection of the bowels that can be life threatening.

When this client came to us, the insurance company was agreeing to pay for the nursing care for the hip, but not for the C-diff problems.  They tried to get our client to put that through Medicare.

The law in Illinois is clear.  Anything that arises from the original injury is part of the workers' compensation case.  We have had cases where clients on crutches after knee surgery hurt their elbow because of the crutches.  That was covered.  We've seen people go in for routine surgery and become brain damaged from a surgical error.  That was covered.  We certainly expect that our new client will have all of her bills covered by workers' compensation as well.

It's important for our client or anyone else not to have Medicare or group insurance pay for these bills.  If they realize that they paid bills in error they can sue you to recover what they paid.

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.