You might qualify for Illinois workers’ compensation benefits if your job aggravated a pre-existing injury or condition, even if you had experienced symptoms or received treatment beforehand. The crucial aspect is demonstrating that the job-related incident or activity directly intensified the existing condition. To support your claim, you will need documentation to identify the prior condition and professional medical opinions linking the work incident to the aggravation.
If your work duties have worsened your previous injury, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 for help obtaining compensation.
How to Get Workers’ Comp if You Aggravated a Pre-Existing Injury
Approximately 129 million workers have pre-existing conditions. To get workers’ comp with a pre-existing condition in Illinois, you must take similar steps to those that you would for any other workers’ comp claim. You should notify your employer within 45 days and prove the work injury caused the worsening of your condition by showing documentation and obtaining a doctor’s statement. You then need to file a formal claim. You should also consult a lawyer because insurance companies often challenge these claims by arguing that the condition worsened naturally.
Notify Your Employer
Report a work-related injury or aggravation to your employer within 45 days to maintain your eligibility for benefits.
Seek Medical Attention
Visit a doctor and clearly communicate how your job responsibilities or a workplace incident worsened your pre-existing condition.
Gather Documentation
Compile all medical records, invoices, and other documents that demonstrate your condition prior to the work incident and the deterioration that occurred afterward.
Obtain a Doctor’s Statement
Request a written declaration from your physician that explains the link between your work injury and the aggravated pre-existing condition.
File a Claim
Submit a formal claim to the Illinois Workers’ Compensation Commission within three years of the injury or two years after the last benefit payment, whichever is later.
Contact a Lawyer
Reach out to an Illinois workers’ compensation attorney, as they are crucial for navigating the process, gathering evidence, and aiding with challenges that may arise, such as if you were at fault or if an insurance company denies your claim.
Aggravation vs. Natural Progression
In workers’ compensation, aggravation happens when a work-related incident greatly worsens a pre-existing condition. For instance, if someone falls at work and their existing back issue becomes more painful, that fall is seen as a major cause of the increased impairment, making them eligible for workers’ comp.
On the other hand, natural progression refers to the normal worsening of a condition over time without a work-related incident. For example, arthritis might get worse simply due to aging, and in these cases, benefits are typically not granted since the condition would have deteriorated regardless.
Proving Work-Related Causation
To prove your case, you should provide evidence linking your work to your deteriorating health. This typically involves demonstrating your pre-existing condition and offering evidence of how your job has aggravated it.
Establish Your Preexisting Condition
You need to show that you had a medical condition before the aggravation. You can do this by showing medical records, a note from your doctor, and relevant medical bills. Examples of preexisting conditions that can be worsened by work, and may be eligible for workers’ compensation for aggravated injury include:
- A back injury aggravated by heavy lifting
- Arthritis flaring up from extended standing or walking
- Previous fractures that weaken certain areas
- Respiratory issues like asthma triggered by dust or chemicals
- Carpal tunnel syndrome exacerbated by desk work
- Conditions such as heart disease or high blood pressure impacted by stressful work.
Prove the Work Injury Aggravated Your Condition
To prove that a workplace accident worsened your pre-existing condition, you’ll need your doctor to connect the changes in your health directly to the incident. Provide a clear account of the injury and when your symptoms intensified. Diagnostic tests can support this claim. A workers’ comp lawyer can assist in gathering the necessary evidence, to show how your condition has changed due to work-related factors.
Your attorney may consider using the following evidence:
Medical Records
Documentation from your healthcare providers can illustrate how your condition deteriorated following a specific work-related incident or gradually due to your professional duties. Medical records detailing symptoms that differ from those experienced prior to the event can help create a clear timeline of how your injury has progressed.
Doctor’s Opinions
Expert testimony can directly associate the worsening of your pre-existing condition with your work-related activities. Your primary physician or an independent medical examiner can offer a written opinion that supports this connection.
Work History and Job Responsibilities
A comprehensive account of your daily physical tasks, like lifting, bending, or repetitive movements, can demonstrate how these activities might have exacerbated your existing condition.
Witness Statements
Colleagues or supervisors can provide accounts of the incident that led to the aggravation, or affirm that you reported experiencing increased symptoms while working.
After your injury, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC. We can guide you through the benefits available. We will investigate your case and provide support with filing your claim.
Frequently Asked Questions About Pre-Existing Conditions
What if I Didn’t Know I had a Pre-Existing Condition Before My Work Injury?
Many people have conditions that don’t show symptoms until worsened by work activities. In Illinois, you can still qualify for benefits if your job reveals or worsens the condition.
What if a Previous Work Injury Caused My Pre-Existing Condition?
If your current job exacerbates a condition from a past injury, you may be eligible for extra benefits. Your new employer generally covers the additional impairment incurred during your employment.
How Long Can I Receive Benefits for an Aggravated Pre-Existing Condition?
Benefit duration varies based on the aggravation’s severity, recovery time, and whether it leads to permanent impairment. Medical benefits have no fixed limit as long as treatment remains reasonable and necessary for the work injury.
