Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

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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Under Illinois workers' compensation law, if your medical treatment is reasonable and related to your work injury, the insurance company for your employer has to pay for 100% of your bills.  No co-pays, no out of pocket expenses.  So what happens if they don't pay?

First off, if the doctor sends you to collection, once they learn that you have filed an Illinois workers' compensation claim there is a law that says that as long as you are actively pursuing the case the can NOT collect against you.

Second, if there is no valid reason for the bills not being paid your lawyer can file a petition for immediate hearing and get an Arbitrator to order the bills be paid and if needed that any recommended treatment be authorized.  On top of that, if there is no good reason for the bills going unpaid you can file a petition for penalties and fees which could cause the insurance company to have to pay a 50% penalty (e.g. if the unpaid bill is $10,000, they'd have to pay the bill and you'd get $5,000 as punishment for their unreasonable behavior).

Finally, if you are in a car accident in Illinois the doctor can put a lien on your case.  That means that you can't receive a settlement until their bill has been paid or someway resolved.  There are no liens in Illinois work injury cases for unpaid bills from private medical providers.  While we almost never suggest that a client settle a case while related bills aren't paid, the doctor or their collection agency can't hold up a settlement because their bill hasn't been satisfied.

If you have unpaid bills the key is to be organized.  If you have an itemized statement of services and a report from a doctor that says your treatment was related to your work injury then you are in a great position to succeed if the insurance company is not following the law.

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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