An occupational disease under the
Illinois Occupational Disease Act
requires documentation to prove the elements of the disease claim. An occupational disease is any health condition or disorder which arises out of exposures in the workplace. What should you do if you plan on pursuing an occupational disease claim under the
Illinois Occupational Disease statute?
1. Notify your employer; include in the notice the date, time, and place of illness, the duration of your exposure, and identify the disease causing substance. A notice form may be available on the
Illinois Workers Compensation Commission’s
website.
2. Obtain your employer’s occupational injury or illness insurance company information including the name of the company, address, and phone numbers. Provide a copy of the notice to the insurance company of your employer.
3. Prepare a list, in chronological order by date, of your medical providers including all doctors, hospitals, clinics, and other health care providers that provided treatment to you for the condition.
4. Request and Obtain a copy of your medical records from each provider listed in 3, above.
5. Document the disease causing substance (chemical, product, or substance). If the substance is a chemical, obtain a copy of the label and photograph any warnings of hazards on the product label. If there is a container, can or box, obtain a photograph of the product label that identifies the manufacturer and any warnings of hazards. If it’s a hearing loss claim, request noise readings from the employer and OSHA. If it’s coal dust, obtain your job classification history to show you worked in dusty areas of the mine. Properly identifying the substance is very important. Some substances are many compounds and may contain multiple disease causing substances.
6. Document the Known Hazards of the Disease causing substance or product from the identification in 5, above. A Material Data Service Sheet MSDS may be available on line. A MSDS sheet is a technical document that lists the hazardous ingredients of a product, it’s composition, and effects on human health.
7. Document the Known Composition from consulting the website of the manufacturer of the product. Print any published information from the manufacturer’s website that identifies the exposure substances.
8. Duration of Exposure: obtain your work record including any job classification history that proves the dates or periods of time you were exposed to the substance in the workplace. Obtain witnesses such as co-workers who can testify you were exposed to the substance in the workplace.
NOTE: Accurate identification of the disease causing substance, and the duration of exposure to that substance are important to prove medical causation.
9. Obtain a causation statement from a medical expert familiar with the disease and who will testify on causation and do the following: 1. Provide all past medical records to the medical expert; 2. Provide the accurate identification of the alleged disease causing substance or product to the medical expert; 3. Provide the duration of exposure period including any employment records or job classification histories to the medical expert; 4 obtain a medical opinion from the expert that states in their opinion, if you were exposed to the disease causing substance in the workplace, over the period of dates or the duration of your exposure, this “could” or “might” Vance caused or contributed to cause or aggravated the diagnosed disease medical opinion. If you do not have a medical expert, consult with an attorney. If you are treating with a doctor that specializes in treatment for a particular disease, they may serve as an opinion expert.
10. Formally file your claim before the statute of limitations period expires with the
Illinois Workers Compensation Commission.
Ron D. Coffel
has represented workers with occupational disease claims for nearly 35 years. He is among the highest rated and leading
Illinois occupational disease lawyers.
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