One basic premise of Illinois workers’ compensation law is “an employer takes you as they find you.” In other words, pre-existing conditions or other life circumstances do not prevent you from having rights under the Illinois Workers’ Compensation Act.
We see this principle play out all of the time and almost always in favor of the worker. If an employer says, “We didn’t know she had a prior back problem when we hired her” that will not get them out of providing benefits if lifting at the new job makes your back worse.
Another way this happens is with diabetics. When you are diabetic, you are in danger of blood flow issues. And small injuries that would not impact another worker can cause a catastrophic injury to you. This is especially true with diabetic blisters.
Diabetic Blisters Made Worse By Your Job
A diabetic blister looks like a burn blister. It can be harmless and usually heels in a matter of weeks. They can be found on a variety of body parts, but often happen on your foot. But sometimes they don’t heal or get infected and can cause major harm. In many cases this can lead to a BKA or below the knee amputation. And if that surgery does not go well, it could lead to an AKA or above the knee amputation.
The typical situation we see is something about the job contributes to a blister happening in the first place. The most common example would be having to wear steel toed boots or other tight footwear for your job. There may be 100 other workers there wearing the same shoes/boots, but if you are the only diabetic and a minor injury becomes a life altering injury, the employer “takes you as they find you” and they would have to provide workers’ compensation benefits.
In other words, a small blister to a diabetic could result in a work comp claim that is worth hundreds of thousands of dollars of compensation to the worker and potentially that much or more in medical bills.
Other Situations That Cause Diabetic Blisters In Workers
The steel toed boot example is the most common cause we see for diabetic blisters. But it also happens in jobs where it is really hot and you sweat a lot. Factories, landscaping or other outdoor jobs, roofers, plumbers, etc. see this happen a lot.
Jobs that can cause a fungal infection like construction work, nursing and other health care work, and forestry can also contribute to a diabetic blister. Even if you chose your shoes, the risk of the job can lead to a claim.
Do I Have An Illinois Workers’ Compensation Case?
Every case is fact dependent. But if you have more than a superficial injury, it’s worth investigating. Time is of the essence as there are notice requirements and a statute of limitations to deal with.
If you would like a free case review, please contact us any time at 312-346-5578. We have been helping injured workers since 1997 and our state wide network covers all of Illinois.
