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Chicago Workers Compensation Attorneys - Malman LawIn 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.

Food Poisoning and Workers’ Compensation

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:

  • The employer supplied the food to their employees. If the employer provided the food to their employees as part of their job or wages, and the employee gets sick from that food, the employee may then qualify for workers’ compensation. However, if the employee brought food from home and suffered from food poisoning, it is not directly related to work.
  • The food was sold in a cafeteria for employees only. If a cafeteria is intended strictly for employee use – and not open to the public – then any food poisoning that occurs in that cafeteria can be considered a work-related illness.
  • The employee ate the food, which benefited the employer. Sometimes an employee is required to eat as part of their job, as is the case for wine tasters, food critics, and restaurant chefs. If the employee became ill after eating contaminated food and they were required to eat that food as part of their employment, they are eligible for workers’ compensation benefits.

Lunch Breaks Do Not Apply

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.

An Attorney Can Assist You With a Workers’ Compensation Claim

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.

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Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

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  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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