How Can You Prove an Infectious Disease Came From a Workplace?

 Posted on January 21, 2024 in Workers' Compensation

Proving that you contracted an infectious disease from your workplace can be challenging, but it is possible with the right evidence and legal guidance. An Illinois workers’ compensation lawyer can help determine if you  have a potential case and how to move forward with your claim.

Establish the Disease is Infectious

The first step is confirming that you are suffering from an infectious disease. You will need medical records and doctor statements showing your diagnosis and confirming your illness can be transmitted between people. This rules out non-infectious illnesses that could not have originated at work.

Prove Exposure at Work

You must prove that you were likely exposed to the disease while working. Think back on recent interactions with sick coworkers, customers, or clients. Obtain statements from any individuals who came to work obviously ill. Gather workplace visitor logs, meeting calendars, shift schedules, and other evidence confirming these infectious people were present.

You will also want to establish that your workplace had poor infection control policies. Perhaps employees were not encouraged to stay home when sick. Maybe masks, distancing, and sanitization protocols were lax or nonexistent. Proving these unsafe conditions existed makes it more probable you contracted the illness on site.

Link Sickness to Workplace

The core of your legal argument is connecting your disease onset specifically to the workplace exposure. You may have interacted with sick individuals elsewhere, so you must convince the court your work contacts were the source.

Statements from doctors estimating your illness onset date can match it closely to exposures at work. Genetic sequencing of your disease strain could also potentially link it to strains present at your job site. If many coworkers fell ill around the same time, it can also suggest an on-site outbreak was occurring.

Assess Employer Negligence

Finally, you will need to show your employer acted negligently by not better protecting workers from infection risk. This depends partly on proving they were aware of the danger to employees.

If you reported safety concerns that were ignored, document these complaints. Establish also that the employer did not follow state or federal health guidance for reducing viral transmission. Proving they overlooked real hazards strengthens the claim they behaved irresponsibly and failed their duty of care to you.

Contact a Elk Grove Village, IL Workers’ Compensation Lawyer

Building a strong infectious disease claim requires navigating complex medical, scientific, and legal issues. An Elmhurst, IL workers’ compensation attorney can help assemble evidence, prove negligence, file insurance claims or lawsuits, negotiate settlements, and represent your best interest every step of the way. Call Kaiser Law at 630-274-4400 for a free consultation.