Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Although Illinois is probably the most employee friendly state for injured workers, one injury that usually is not covered is stress.  I'm talking about the stress that comes from your boss yelling at you, having to work long hours, being under pressure for deadlines, etc..  That type of stress is legitimate, but under Illinois workers' compensation laws you can't receive compensation for any problem related to it unless it is part of a physical injury.  e.g. If your boss pushes you in the chest while yelling at you and that leads to panic attacks, that would be a case because of the physical act of touching you.  But if it's just yelling then it's probably not covered.

The exception to this is if the stress you experience is severe and shocking.  A recent caller to our office provides a good example of what we mean.

The caller bravely served our country in Iraq.   When he was there he was a medic and saw some terrible things such as bodies that had literally been torn apart.  He received counseling for that years ago, but has had that trauma pretty much under control for years.

Flash forward to 2009 and he works as an EMT downstate.  Long story short is that there was a fire with some charred bodies and he was part of the response team.  Seeing these bodies led to severe post traumatic stress disorder due to the memories of Iraq flooding back to him.  He has received psychological counseling that confirms this and is under a doctor's care and authorized off work.  It has been suggested that he change careers.

Seeing charred or dead bodies qualifies as severe and shocking.  Not everyone will have a stress reaction to that just as not everyone that lifts a heavy box at work hurts their back.  But if you do have a reaction and it's legitimate, then you have a 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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Occasionally we'll get a call from someone who is stressed out by their job, usually because of long hours or a boss that screams.  Other people have legitimate depression that is work related.  Under Illinois law do these people have a case?

Although we have probably the most employee friendly laws when it comes to work injuries, most psychological injuries are not compensable.  In the above examples, unless there is something physical involved, e.g. your boss screams and pushes you, then the case wouldn't be a winner.  The law is that a psychological injury from something that isn't physical is not covered unless it's sudden, severe and shocking.  The classic example is the worker who saw their co-worker's arm get cut off by a machine.   Witnessing that led to nightmares and post traumatic stress disorder.  That worker won benefits.

If you have a physical injury like a herniated disc in your back and then have legitimate depression because of subsequent weight gain, pain, job loss or anything else, that would be a separate injury that would be covered.  In other words, you would be compensated for your physical injury as well as your psychological injury.

Also, if your mental stress leads to a legitimate physical injury like a heart attack, that could be a case too.

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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