Do you have PTSD that is related to your job? We are experienced Illinois workers’ compensation attorneys. Since 2001 we’ve helped tens of thousands of injured workers who are looking for representation or just need questions answered. If you’d like to speak with a lawyer for free, fill out our contact form or call us at 312-346-5578. We help everywhere in Illinois.
While Illinois work injury laws are mostly common sense and usually employee favorable, that’s not always the case. You’d think if you were just minding your own business on the job and got physically attacked and injured that would be enough to make a successful claim. It’s close, but you still have one hurdle to clear.
Under Illinois law, when you are attacked on the job, you have to show one of two things. First you can prove that the attack was related to your employment in some way. So if you and a co-worker were arguing about a job assignment and they punched you, that would be related to your job. If a customer tried to rob your store, that would be related to your job. But if you get punched in the face for hitting on someone’s girlfriend, that wouldn’t be related to your job.
The second way you can prove a case is if the environment of your job increases your risk of attack. In a recent case, a CTA bus driver had to clean a bus on the overnight shift. He was attacked by an unknown man who entered the garage through an open door. The Arbitrator ruled that the overnight shift and public access to the garage increased the risk of the environment causing an injury.
As a result he was awarded compensation for acute stress disorder, post traumatic stress disorder (PTSD) and depression. It’s not easy to win a mental injury under Illinois Workers’ Compensation Act, but when it’s the result of a one time, physical attack while working, we find that the workers who contact us usually prevail.
The key point is to know what the two standards are to win and remembering that you don’t have to prove both of them, just one of them. Whether or not your environment increases the risk of an attack is subjective, so getting as many details about where you work, what time the attack was, who had access to your work area, etc. is very important. It’s also important that you get medical care. You can’t just say you are stressed, you have to prove an actual injury through a diagnosis by a psychologist or psychiatrist.
Bonus tip. Getting mental health care in the U.S. can be expensive. But if it’s from a work injury, 100% of your care should be covered by work comp.
If you have any questions or want to speak with a lawyer, please contact us any time. All calls are free and confidential.