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Injury by Exposure and “Arising Out of the Employment”

Injury by Exposure and “Arising Out of the Employment”

Workers’ compensation for injuries resulting from exposure to the elements is not forestalled merely because a natural event was at the root of the injuries. Exposure injuries, such as heatstroke, freezing, frostbite, and pneumonia, may be compensable if the nature of the employee’s work increased the level of exposure over that of other members of the public. Some jurisdictions allow compensation if the risk of exposure to the employee was caused by his employment. In other words, regardless of whether the general public would or would not suffer the same exposure, it was the employee’s work that precipitated or caused the exposure.

In addition to weather-related exposures, an employee may be compensated for an injury resulting from the contraction of a contagious disease if he presents evidence that his risk of exposure to the disease pathogen was increased over that of the general public. The requisite evidentiary showing comes down to proving that the employee contracted the disease in the employment-related location that he claims. An employee may also be compensated for a contagious disease if the pathogen was spread by a co-worker and the employee was required to use the same equipment and accommodations, such as a restroom, break room, water fountain, and the like, as the co-worker. However, the employee must show the causative link between the spread of the disease-causing pathogen and the equipment or accommodations.

Copyright 2013 LexisNexis, a division of Reed Elsevier Inc.

Settlements & Awards
  • Mattoon.

    52-year-old worker. 9th grade education. Left hand tendon laceration. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $436.64 per week for life.

  • Champaign.

    54-year-old CNA. Bilateral shoulder surgeries. Permanent restrictions. Two vocational experts failed to locate suitable light duty work. Permanent and total disability. Awarded $441.93 per week for life.

  • Springfield.

    66-year-old maintenance worker. Failed two level lumbar fusion. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $538.36 per week for life.

  • Quincy.

    56-year-old municipal worker. Lumbar and S1 radiculopathy. Permanent work restrictions. No surgery. Failed job search. Awarded $466.13 per week for life. Total expected lifetime payout $581,730.00

  • Quincy.

    52-year-old CNA. Lumbar fusion. Permanent restrictions. Failed job search. Permanent and total disability. Awarded $420.33 per week for life. Total expected lifetime payout $671,571.96.

  • Springfield, IL.

    63-year-old truck driver. Four shoulder surgeries. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $802.61 per week for life. Total expected lifetime payout $780,467.00

  • Quincy, IL.

    56-year-old street worker. Disc injury. No surgery. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $466.13 per week for life. Total expected lifetime payout of award is $586,577.99

  • Quincy, IL.

    52-year-old LPN. Lumbar fusion. Permanent work restrictions. Failed job search. Permanent and total disability. Awarded $420.33 per week for life. Total expected lifetime payout of award is $677,571.00

  • Springfield, IL.

    56-year-old union pipe-fitter. Injured forearm/surgery. Permanent restrictions. Job change. Wage loss. Awarded wage differential of $550 a week for life. Total lifetime expected payout is $833,804

  • Springfield, IL.

    54-year-old union laborer. Spinal injuries and head trauma. Unable to return to work. Permanent and total disability. Awarded $642.50 per week for life. Total lifetime expected lifetime payout of $998,400

  • Video Vault


    What happens if my workers compensation claim is denied?

    Lawyers at Boshardy law office, located in Springfield, IL answer your questions about what happens if your workers compensation claim is denied. If you need legal help with a work injury or workers comp case, contact the law firm at 800-595-5345. We offer a free consultation.
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    John Boshardy handled my work comp claim very thoroughly. He always promptly returned my phone calls and answered any questions I had and kept me informed. John is an excellent attorney and I would highly recommend him.

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    In 2000 I worked at a power plant and got a torn rotator cuff injury.... Long story short I was off for over a year, had surgery, rehab etc. John took my case and he won us close to six figures. Now in 2006 I was laboring and got injured on the job f...

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    Great law firm. Complete satisfaction from start through outcome of legal issue. Would definitely recommend to everyone! Thanks John V. Boshardy and associates.

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    John Boshardy handled my case very professionally,and worked diligently to get it settled, I'm very pleased with the outcome.John's staff that I had the opportunity to meet and work were very professional and very polite. Again I am very pleased John...

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    John Boshardy represented me for my workers compensation case in 2011, and I found him to be an excellent Attorney. John always returned my calls, and made time for every question I had during the process. John explained everything clearly so that I ...

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