Can You Get Workers’ Compensation for a Brain Injury With Seizures in Illinois?
What Is a Seizure?
A seizure is a medical condition caused by neurological damage or deficiencies. When an electrical impulse in the brain is unable to reach its intended destination or otherwise “misfires,” it can cause a seizure. Although many types of seizures are caused by identifiable seizures, a rare few are not, which means that a seizure can strike unexpectedly and abruptly.
Are Seizures at Work Automatically Covered by Workers’ Comp?
If you have a sudden seizure at work, then can you file for workers’ compensation? No, workers’ compensation does not provide for all injuries or illnesses that happen in the workplace. Benefits are only available to people who have suffered a work-related injury or illness. If a seizure happens randomly and not in any way related to your job, then it would not qualify you for workers’ compensation, even if the seizure happens at work and then interferes with your ability to work. If you believe this was due to a work related event or hazard, you should consider filing a workers’ compensation case.
Disability Benefits vs. Workers’ Compensation
After suffering a seizure that stops you from working, though, you might be able to receive disability benefits. But those benefits would be separate from any workers’ compensation benefits that your employer is obligated to provide you.
Could a Seizure Be Work-Related?
Is it possible for a seizure to be work-related? It all depends on what triggers the seizure. Flashing lights are a known seizure trigger for many people. If your work placed you in rooms with flashing lights and you had your seizure there, then it could be work-related. For example, if you work in an industrial setting with warning pylons that flash on and off frequently, and you have a seizure while in the same room, then you could have suffered a work-related seizure.
If your seizure could be argued as work-related due to flashing lights or any other trigger, then you might qualify for workers’ compensation benefits. The same is true if you suffered a head injury at work that later caused you to suffer a seizure, even if that secondary medical incident happened years later.
Talk to a Chicago Workers’ Compensation Lawyer
For help with a seizure-related workers’ compensation claim filed in Chicago or Cook County, contact McHargue & Jones, LLC today to arrange a free consultation.
Frequently Asked Questions
Does a seizure at work always qualify for workers’ compensation?
No. Workers’ compensation only covers injuries or illnesses that are work-related. If a seizure happens randomly and not because of your job, it typically won’t qualify.
When could a seizure be considered work-related?
If your job environment triggers the seizure — such as flashing warning lights, exposure to certain chemicals, or if you suffered a prior head injury at work — it could qualify.
What should I do after having a seizure at work?
Report the incident to your employer, document any possible workplace triggers, get medical care, and talk with a workers’ compensation attorney about your options.
Free Case Review — Speak With a Chicago Work Injury Lawyer Today
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