Chicago workers compensation attorney view on job stress.

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.

"Stress" cases typically go nowhere

Every now and then we get phone calls from people who have taken a leave of absence because of stress, depression or some other psychological injury.  Unfortunately we usually can't help these people.

Under Illinois law, unless there is something physical that led to the mental injury, it's almost impossible to win a work injury case.  In other words, if your boss pushes you (which is a physical act) and that leads to a mental breakdown then you could have a case.  But if your boss is just a jerk and screams at you all of the time and that leads to a mental breakdown then it's probably not a case.  Might sound odd, but that's the law.

Typically the only time a mental stressor that leads to a mental breakdown can be covered under IL work comp laws is if the mental stressor is shocking and well beyond what is normal.  The classic example is a factory worker who saw a co-workers hand get ripped off by a machine that they both worked on.  This led to severe nightmares and panic attacks.  That case was compensable.

Of course, no matter what happened to you, we will always talk for free and give our honest advice.  Call any time, 312-346-5578.

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.

Heart attacks on the job in Illinois

Proving that a heart attack is work related is one of the most challenging cases we can undertake as attorneys.  A case like that is the basis of how our office is set up in that who we recommend to handle your case depends on the type of injury that you sustain.

Like any other injury, we must prove that our client's heart attack was caused, aggravated or accelerated by their job activities.  We've seen cases where a heart attack occurred at home and the worker won and cases where the heart attack occurred at a desk and the worker lost.  Often these workers have significant aggravating factors like obesity, heart disease in the family history, smoking or old age.

What we do is make sure that your cardiologist has a clear understanding of your job duties are and how they contributed to your injury.  If you were working in extreme heat or cold, working unusually long hours, doing heavy lifting or inhaling fumes that is important for your doctor to know.  Knowing the process and properly communicating with your doctor is often the difference between winning and losing 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.