Legal Question in Workers Comp in Illinois

Re: My mother recently passed away due to an anurism

QUESTION:

My mother recently passed away due to a brain anurism. This all started at work around 9:00 in the morning. She was taken by ambulance to the local hospital and then life flighted to a larger hospital where she was proclaimed brain dead at 3:30 the same afternoon. Is there any work comp claim here?

ANSWER:

An aneurysm (or aneurism) is a localized, blood-filled dilation (bulge) of a blood vessel caused by disease or weakening of the vessel wall. Aneurysms most commonly occur in arteries at the base of the brain (the circle of Willis) and in the aorta (the main artery coming out of the heart).

This bulge in a blood vessel can burst and lead to death at any time, much like a bulge in an over-inflated innertube.

Aneurysms can be broken down into two groups: true aneurysms and false aneurysms.

A true aneurysm involves an outpouching of all three layers of a blood vessel: the intima, the media, and the adventitia. True aneurysms can be due to congenital malformations, infections, or hypertension.

A false aneurysm, also known as a pseudoaneurysm, involves an outpouching of only the adventitia.

Pseudoaneurysms can be due to trauma involving the intima of the blood vessel (e.g., they are a known complication of percutaneous arterial procedures).

If your Mother's aneurysm was trauma related, there MAY be a workers' compensation case.

If - and only if - that trauma was related to work, a work injury or incurred due to a risk inherent from your Mother's particular occupation.

If your Mother's aneurysm was organic, or congenital, then you most likely do NOT have a workers' compensation case.

When you obtain a copy of the autopsy report, please contact me and I will be in a better position to more completely answer your question.

Thanks,

Matt Belcher

Re: My mother recently passed away due to an anurism

Sorry about your loss.

A work comp claim may be

sustained if evidence exists

that your mother's aneurism

was in some way caused by

her work.

Your mother's medical records, the

death certificate and other information

may provide that evidence.

Re: My mother recently passed away due to an anurism

Dear Sirs:

A workmen's compensation case requires an "accidental injury" that arises out of the course and scope of employment.

It would depend on what your mother was doing at the time of her accident.

Thank you. (312) 977--9900

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]