Written by Malman Law, reviewed by Steve J. Malman.
In Illinois, an employee is liable for any injury an employee sustains during the course of their employment. Workers’ compensation laws strictly state that any illness or injury that occurs during an employee’s duties could make the employee eligible to collect workers’ compensation benefits. However, when an employee gets food poisoning, proving eligibility becomes much more complex.
To qualify for workers’ compensation benefits, the employee must have a work-related injury. If they can show that the food poisoning occurred during a work-related activity, then they may qualify for benefits. This is, however, extremely difficult to prove. Unlike with physical injuries, proving food poisoning is not as straightforward. However, an employee may qualify for benefits if one or more of the following is true:
If an employee purchased food during their official food break and they suffered from food poisoning, they are not eligible for workers’ compensation benefits because this break was not work-related.
If you have suffered from food poisoning and you think you are eligible for workers’ compensation, contact an attorney at Malman Law today. We can assess your case and help you determine the right course of action. Even if you do not qualify for workers’ compensation, you may have a valid personal injury claim against the company that prepared and sold the food. Call us at 888-625-6265 to schedule your free consultation, or fill out an online contact form and an attorney will be in touch with you shortly.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024
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View more testimonialsThis page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.
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