Industrial disease can lead to severe incapacity, and even fatalities in severe cases. A worker that has endured exposure to toxic substances, or unsafe working practices has the right to pursue a workers’ compensation claim according to the Illinois Workers’ Compensation Act. If you or someone close to you is suffering from industrial disease, the attorneys at Therman Law Offices can help you recover workers’ compensation based on supporting medical documentation. Our Wheaton and Schaumburg workers’ compensation lawyers understand that employees and their families need assistance quickly. For more than three decades of combined experience, we have advocated for injured workers in a variety of industries. We are here to provide compassionate and efficient representation.Industrial Disease and Illinois Workers Compensation
The Illinois Workers Compensation Act (IWCA) is a system that provides relief to workers who have fallen ill or injured themselves in the course and scope of employment. Industrial disease is a type of compensable harm, and workers who have been diagnosed with medical conditions, such as dermatitis or asbestosis will need to clearly show exposure at work led to the disease. It is important to understand that industrial disease is not an ordinary disease of life, or something that the worker may have suffered outside of their workplace. In certain cases, industrial disease may be presumed based on the employee’s occupation, such as paramedics and firefighters.
Workers may suffer a range of industrial disease, including symptoms that are physical and psychological. Some employees endure skin cancer from dust and fumes while others may receive a diagnosis of lung disease or asthma caused by exposure to chemicals and dust. After receiving a medical diagnosis, employees may file their claim for medical costs associated with treatment of their disease. They may also be entitled to lost wages for time away from work due to their symptoms and temporary or permanent disability payments.
Industrial disease symptoms and their effect upon a worker’s ability to work vary; certain workers may endure temporary disability and others suffer an ongoing, lifelong impact. For example, permanent partial or total disability benefits are appropriate for the worker permanently affected by their disease. Once the employee has reached maximum medical improvement from their disease, and is cleared for work, they would receive permanent partial disability payments. If the worker is permanently unable to return to their job, they would receive benefits for the duration of their life. In general, the amount of disability awarded depends upon the disease and how it affects the individual’s ability to perform work-related tasks.Filing a Third Party Claim
In general, employees suffering illness or injury due to their workplace cannot file a personal injury claim against their employer. Workers' compensation is the sole legal remedy. However, a common exception is when a third party, not the employer, is responsible for causing industrial illness. As a separate lawsuit from the workers’ compensation claim, a claim against this third party would be filed in civil court. A successful plaintiff would recover compensatory damages that are not available by filing a workers’ compensation claim. For example, the emotional pain and suffering endured by workers suffering from industrial disease may be recovered in a third party lawsuit. An experienced attorney can help to evaluate a potential claim for relief, and explain implications of filing a personal injury claim, which may affect benefits or compensation received.Understand the Nature of Your Workers’ Compensation Claim by Speaking to a Lawyer in Wheaton or Schaumburg
Industrial disease caused by work impacts a person’s livelihood and their quality of life. To understand how to assert a right your rights provided by Illinois law, contact an attorney today. At Therman Law Offices, we bring more than three decades of combined experience to our legal advocacy. Our lawyers assist people throughout Wheaton and Schaumburg, as well as the communities of Downers Grove, Lisle, Oakbrook Terrace, Westmont, Clarendon Hills, Elk Grove Village, Bolingbrook, Darien, Mt. Prospect, Hoffman, and Arlington Estates. Please contact our office by phone at 773-545-8849 to schedule a free consultation or fill out our form online.