Peru, IL asked in Workers' Compensation for Illinois

Q: I am a healthcare worker in Illinois/tested Covid+. 2 other coworkers also +. Is this a work comp claim?

I am a healthcare worker in Illinois and tested Covid +. 2 other coworkers also tested positive (one had a Covid + child at home). I had no previous close contacts. I was off work 5 days (Friday-Tuesday ). My boss says I have to use PTO for the Friday, Monday, Tuesday I was off. Could this be filed under worker’s compensation since I believe I was infected at work?

My intent is to recoup my personal time (24 hours/$1000) I had to use to take off to recover if I could prove I was infected at work.

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2 Lawyer Answers
Richard K. Johnson
Richard K. Johnson
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Yes, you may very well have a Workers' Compensation claim. Unfortunately, there is no weekly payment for temporary total disability for the first three working days until you are disabled 14 calendar days. If you have lingering symptoms or "covid long haul" then you may have a claim for permanent partial disability. The statutory presumption for a health care worker is no longer in place if this is a recent infection, but there is a strong probability you can demonstrate your infection is work related.

Charles Candiano agrees with this answer

Charles Candiano
Charles Candiano
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I agree with everything that Mr. Johnson told you. That said, I think it may be difficult to prove and if I understand correctly that you are essentially asymptomatic, you have no medical bills so even if you win on causation, you have a situation where you would have no recovery. That does NOT incentivize an attorney to spend money on the case.

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