Can I Get Workers’ Comp for a Workplace Illness?

 Posted on October 07, 2025 in Workers' Compensation

Certain jobs put workers at increased risk of developing illnesses. This is especially true if the job involves working in harsh conditions or in proximity to hazardous chemicals. If you develop a serious illness at your place of employment, you may be left unable to work while you recover, threatening your income. Fortunately, workers’ compensation can provide you with a payment for your losses. You can get workers’ comp even if it is not a "visible" injury resulting from a single incident.

At Rathbun, Cservenyak & Kozol LLC, our Naperville, IL workers’ compensation attorneys can help you identify the cause of a workplace illness and file a claim with the Illinois Workers' Compensation Commission. We have recovered millions of dollars in successful claims thanks to our detailed investigations and aggressive advocacy.

What Illnesses Are Covered by Workers’ Compensation?

Under Illinois law, you can get workers’ compensation for any occupational disease arising "out of and in the course of employment" (820 ILCS 310/1). This essentially means that you can be paid for any sickness or illness that results from performing the regular duties of your job.

Pre-existing conditions are not totally exempt from workers’ compensation either. Under Illinois law, you can also get compensation for a disease that became aggravated and disabling from the course of your employment. 

As soon as you become aware of a work-related disease, you should report it to your employer. Waiting too long to report the illness could result in you losing the chance to apply for workers’ comp.

What Compensation Can I Get From a Workplace Illness?

Workers’ compensation can cover various expenses resulting from a workplace illness. Perhaps most importantly, it can cover any treatments or care deemed medically necessary. This may include surgeries to correct any damage done by the disease or medication to help your recovery.

Workers’ compensation can also provide you with a replacement for your wages, as well as different benefits depending on the exact nature of your illness. For instance, if you are expected to make a full recovery but you can only work in a limited capacity until then, workers’ compensation can help to make up the difference in your regular wages. If your employment prospects are permanently limited by your illness, you can get lifetime wage benefits.

Complications in Workplace Illness Claims

Filing a workers’ compensation claim for an occupational disease is not a simple process. A simple mistake could hurt your chances of obtaining payment, which is why it is so important to have a skilled attorney at your side. You may run into various problems when filing your claim, such as:

• Your employer alleging that your pre-existing condition was not aggravated by your job

• Missing deadlines to file your claim

• Difficulty establishing a link between your illness and your job

Our firm can guide you through the steps of filing a timely workers’ compensation claim. If needed, we can take aggressive action against a denied claim by filing an appeal and entering into arbitration.

Meet With a Naperville, IL Workers’ Compensation Attorney

A workplace injury can be utterly debilitating. For qualified legal assistance in filing a claim for compensation, reach out to Rathbun, Cservenyak & Kozol LLC today. To schedule your free initial consultation with our DuPage County, IL workplace illness lawyers, call our offices at 815-730-1977.