Illinois permanent partial disability: How do you measure it for MRSA?

A reader asks:

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

Those are two terrible infections.  But unlike a back injury or ACL repair, usually when you go through the horrible treatment for those problems, you are as good as new.  So how do we determine what your case is worth or is it even a case at all?

The reality is that permanent partial disability for the most part is a myth.  You can break a bone and it can grow back stronger than before, but you would still receive a settlement for that injury.  Same with MRSA and other internal injuries. 

Permanency is typically figured out by looking at your medical records, comparing your problem to past cases and seeing how this injury will affect you in the future.  Even with a full duty return to work and even if you are now feeling great, there is still some permanency.  Having those treatments weakens your immune system and could cause additional problems in the future.

We can't tell you what the injury is worth without a review of the records, but it is certainly worth something and most likely that something is somewhere in the five figures.  MRSA or other staph infections are known to come back too, so before you settle it's a good idea to make sure that you've been treatment free for many months.  You might still have it, but not be experiencing any symptoms.

So while we can't just give an answer that says your case is worth $X, you can bet that if you have MRSA, C-diff, etc. that is is worth something.

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.

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.