photo of a worker with a mask on

The coronavirus outbreak has spread throughout the United States, including the state of Illinois. While Illinois is currently under a stay-at-home order, many essential businesses continue to operate to keep the production line going.

What happens, though, if you’re exposed and get coronavirus from your workplace in Illinois? In this article, I explore whether Illinois workers can file a workers’ compensation claim if they get coronavirus from their workplace.

Who is covered under the Illinois Occupational Disease Act?

Under the Illinois Occupational Disease Act, an occupational disease (“OD”) is an illness or harmful condition that you get while working on the job. An occupational illness can also be aggravated by hazardous conditions in the workplace.  To be eligible under the Act, these conditions should not be common to the general public.

The Act defines an OD as a “disease arising out of and in the course of the employment which has become aggravated or rendered disabling as a result of the exposure of the employment.”

If you have an occupational disease, you have 3 years from the date of the first appearance of symptoms of an occupational disease to file a claim. 

For occupational disease cases, the Act mandates that the condition “must arise out of a risk peculiar to or increased by the employment and not common to the general public.

If you can prove this, you may be eligible for benefits under the Act that are similar to those under the more broad Workers’ Compensation Act. These benefits include weekly financial compensation, payment of medical bills, and lump-sum compensation.

Proving your job put you at a higher risk of exposure

Generally, the employee will need to demonstrate a higher rate of the disease than the general population due to a risk of employment at their workplace. When talking about coronavirus exposure cases, a healthcare worker will have an easier time proving this connection than a grocery store manager who spends a lot of time in the general public.

The Illinois Occupational Disease Act states:

A disease shall be deemed to arise out of the employment if there is apparent to the rational mind, upon consideration of the circumstances, a causal connection between the conditions under which the work is performed and the occupational disease.  The disease need not to have been foreseen or expected but after it’s contraction it must appear to have had its origin or aggravation in a risk connected with the employment and to have flowed from that source as a rational consequence

I got COVID-19 from workplace exposure. Am I eligible under the Illinois Occupational Disease Act?

Regarding viruses transmitted by humans, as opposed to an environmental hazard, the Illinois Workers’ Compensation Commission requires the workers to show that they were exposed to people infected with the virus through their employment. Workers will also need to show that the nature of their employment puts them at an increased risk of exposure.

Due to the shelter-in-place order that began on March 21st, Illinois Governor Pritzker relaxed standards for essential areas of employment. This decision raises questions as to whether or not “essential” employment will be enough to overcome this burden of proof for increase risk.  We will see.

The Act specifically states that employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease, when, for any length of time, however short, he or she is employed in an occupation or process in which the hazard of the disease exists.

What if I’m injured from a vaccine required by my employer?

Interestingly, adverse reactions from vaccinations required by the employment are covered according to the language of the Act below:

Any injury to or disease or death of an employee arising from the administration of a vaccine… or recommendation for the inoculation of workers in the employee’s occupation, geographical location or other category that includes the employee is deemed to arise out of and in the course of employment for all purposes under this Act.

A healthcare worker, or someone who works with dangerous biohazardous materials, may be required to be vaccinated for work, especially when the coronavirus vaccine is available.  Vaccinations may also be required to fight specific life-threatening illnesses for professionals who frequently travel to third world countries for work.

Our Chicago workers’ compensation lawyers are here to help

At Shannon Law Group, we recognize the uncertainty of new work regulations, and the repercussions it can have on personal health and employment. 

If you or someone you know has been diagnosed with an occupational disease or is experiencing symptoms following an employment required vaccine, you may have a workers’ compensation claim.  We are here to help.  Contact us today for a free case review.

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