Legal Question in Workers Comp in Illinois

I am in illinois and currently on work comp. i have a disease called blastomycosis after being exposed to bat and rat feces in the workplace. i had to fight for work comp won after 2 appeals. i have been off work since nov.,24 2009. it takes 6m0nths to a year to "cure" the disease.

i need to kniow if i am entitled to any tupe of settlement after this is over. if this had been left untreated it would have been fatal. what is my next step?


Asked on 7/22/10, 6:44 am

2 Answers from Attorneys

Mike Helfand IllinoisLawyers.com

Yes you are entitled to a settlement. If you want our help with that, call me at (800) 517-1614. We need to see your medical records to see what the case is worth.

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Answered on 7/22/10, 9:56 am
Matt Belcher Belcher Law Office

Your disease is caused by a fungus. That fungus, "histoplasmosis" or the like, thrives on the feces. If you were exposed to the fungus as a result of your work environment, then you have a compensable workers' compensation claim.

If you have a permanent injury because of that exposure, then you are entitled to a settlement. The type, or amount, of that settlement will depend on the after-effects of the exposure, after you reach maximum medical improvement.

It will also depend on whether you have any subsequent permanent restrictions, were removed from your prior occupation, lost an ability to earn wages, etc.

As you have been through two appeals, I would assume your attorney would be in a better position to answer your question. If you do not have an attorney, you may want to consult with one. However, to accurately answer your question, we will have to wait until you are "cured" (maximum medical improvement) to determine your injury.

If the delay obtaining treatment caused you to not return to "normal", then that will be assessed as part of your permanent injury from being exposed to the fungus.

Good luck,

Matt Belcher

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Answered on 7/22/10, 10:07 am


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