If you are walking down the hall at work, slip on a wet spot and twist your knee, there will likely be no argument that the act of slipping is what caused your injury. If you type all day and get carpal tunnel, there might be an argument as to what caused your injury, but most doctors will agree that typing can contribute to that problem. In both examples, winning Illinois work comp benefits should be fairly straight forward.
But when you are exposed to chemicals on the job, proving that they are the cause of your disability can be a greater challenge.
For example, we get a lot of calls from truckers that have breathing problems. A lot of them have inhaled exhaust and fumes. Unlike diagnosing carpal tunnel or another repetitive trauma injury, injuries from exposure to fumes are harder to medically document. Even if you can get a diagnosis, it’s a challenge to prove to a doctor how much you have really been exposed to. This is different than a secretary who can credibly testify as to how many hours a day they type and in some cases can pin point the number of keystrokes entered in a day.
If you feel that you have suffered an injury from chemical exposure on the job it likely falls under what is called the Occupational Disease Act. This is similar to the Workers’ Compensation Act and those injuries are also handled by the Illinois Workers’ Compensation Commission.
Like every other case, you have to prove your injury is work related. That is best done by a doctor who has accurate information. One way to get your doctor this information is through an independent investigator. OSHA is a Federal Agency that investigates dangerous job conditions. They are the right people to call to gather evidence.
In some cases the injury is so severe that we will hire private investigators to gather the evidence needed to prove your claim. In others the employer is cooperative and cares about their employees and helps us obtain the proof. Finally in some cases there is a third party that was responsible for the problem (typically a cleaning company or construction crew). We can sue them to obtain information as to the chemicals they were using.
In general, chemical exposure cases are more of a challenge and take longer to get ready for trial. But if your attorney is willing to do the work the evidence can be found and your case can be proven.
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.
