How to File an Illinois Workers’ Compensation Claim for Asbestos Exposure

 Posted on August 22, 2023 in Workers' Compensation

Individuals who have developed asbestos-related medical conditions due to occupational asbestos exposure that occurred within the state of Illinois may be eligible to file a claim for workers' compensation benefits. Here are the legally recommended steps:

Receive an Official Asbestos Disease Diagnosis

To ensure accurate diagnosis and establish a potential connection to workplace exposure, it is highly recommended to schedule an appointment with a certified pulmonologist or an occupational respiratory illness specialist. They will conduct a series of comprehensive tests and examinations specifically tailored to asbestos-related conditions. Remember to retain copies of all test results and medical reports for future reference and documentation purposes. 

Document Workplace Exposure Details

Create comprehensive and detailed documentation that encompasses all circumstances related to asbestos exposure within your workplace. This should include a thorough description of job duties performed in the presence of asbestos, the specific timeframe of exposure, identification of asbestos sources, any instances of lacking safety equipment, and any other relevant details. 

Additionally, provide a comprehensive account of the employer's knowledge regarding asbestos hazards, highlighting any specific instances or actions taken. By capturing these intricate details, you can effectively document and address the asbestos exposure concerns within your workplace.

Submit Report to Your Employer

Provide official written notification to all employers where workplace asbestos exposure occurred that you have developed an asbestos disease. Send notification via registered mail and retain confirmation of delivery.

File the Workers' Compensation Claim

Your attorney will officially file the claim and required forms with the Illinois Workers’ Compensation Commission, presenting evidence of your asbestos disease, workplace exposure, and need for compensation related to medical costs, lost wages, and disability.

Participate in Any Required Hearings

Be prepared to offer truthful testimony regarding your asbestos exposure history and medical condition at any required hearings or proceedings necessary to adjudicate your workers’ compensation claim.

Comply With Ongoing Medical Monitoring

Adhere to the prescribed medical monitoring and treatment protocols for your asbestos illness per your doctors’ instructions. This demonstrates the ongoing impact of asbestos exposure.

Contact a Champaign Workers' Compensation Lawyer

As you pursue the workers’ compensation benefits to which you are entitled, consider seeking help from an experienced Illinois workers’ compensation attorney. Call Kanoski Bresney at 888-826-8682 to start with a consultation and know which steps you should take next. Following the proper steps is important to get your voice heard properly for your case.

Source: 

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430