People may think that a workers’ comp claim with a pre-existing injury disqualifies you from obtaining workers’ compensation benefits, but that’s not the case. You can still pursue benefits even if you had an existing injury before your work-related accident. However, be prepared for insurance companies to use your pre-existing condition against you.
If you’ve aggravated your prior injury, reach out to the attorneys at Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 for assistance in securing compensation.
How Illinois Workers’ Compensation Handles Pre-Existing Injuries
Under Illinois workers’ compensation law, you have the right to benefits if your injury occurs while you’re working. Around 129 million working-age individuals have a pre-existing health condition. This applies even if you have a pre-existing condition that gets worse because of your job. The important factor is demonstrating that your work duties contributed to the deterioration of your condition. Your employer cannot refuse your claim just because you had an earlier injury or health issue; what counts is whether your job played a role in aggravating your condition.
Illinois’ Aggravation Rule
In Illinois, if you’ve experienced a work-related incident that aggravates a pre-existing condition, you can still qualify for workers’ compensation benefits. This is known as the Aggravation Rule.
The concept revolves around the idea that employers must accept employees as they are, meaning they bear responsibility for the outcomes of work-related injuries, even if the employee had prior vulnerabilities.
For instance, if you have a history of a back injury, and it flares up while lifting heavy boxes at work, Illinois law would likely cover that injury under workers’ compensation, even if your original injury didn’t occur at work.
Challenges and Considerations
Insurance companies frequently cite pre-existing conditions as a reason to reject valid claims. Here are some challenges to winning a workers’ compensation claim:
Disputes Over Causation
The insurance company might argue that your current symptoms stem entirely from your pre-existing condition and are not related to your work. They might assert that your condition would have deteriorated regardless of your work activities.
Documentation Gaps
If there are inconsistencies in your medical records or if you haven’t clearly reported your symptoms, the insurance company may use these gaps to question the link between your work and your condition.
How a Pre-Existing Injury May be Aggravated
You may encounter several ways in which a pre-existing condition can worsen, and these situations can be eligible for workers’ compensation.
Direct Aggravation
This happens when your job directly exacerbates a prior condition. For instance, if you once had a knee injury that healed, but lifting heavy objects at your workplace causes it to hurt again, this could be seen as an aggravation of that previous injury.
Acceleration of Degenerative Conditions
Many individuals experience age-related degenerative issues, like arthritis or degenerative disc disease. If your job contributes to the rapid progression of these conditions, leading to more severe symptoms, you might be able to claim benefits.
Different Injury to an Area of Previous Injury
There are times when a new injury occurs in a previously injured area. For example, if you had a wrist fracture in the past but now develop carpal tunnel syndrome in the same wrist from repetitive tasks at work, this is generally treated as a distinct injury.
Proving Your Work Injury Aggravated a Pre-Existing Condition
When you have a pre-existing condition, it doesn’t automatically mean your claim is disqualified. However, it’s essential for you to show how the work-related incident or activity worsened that condition. To build a solid claim, you should gather evidence:
Complete Medical History
Make sure to have comprehensive documentation of your medical history, both before and after your work injury. This information is vital for establishing what your condition was like prior to any aggravation caused by work activities.
Professional Medical Opinions
A detailed statement from your doctor linking your current condition to your work-related activities can greatly strengthen your case. Your doctor should clearly explain how your work has made your pre-existing condition worse or accelerated its progression.
Consistent Treatment Records
Keep a record of your medical appointments. Documentation that tracks the development of your symptoms and their relation to your work can reinforce your claim.
Witness Statements
Statements from coworkers who witnessed the incident can attest to your work duties. Their observations can help demonstrate the connection between your job and your condition.
The Importance of an Experienced Workers’ Comp Lawyer in Complex Claims
In Illinois, dealing with workers’ compensation claims that involve pre-existing injuries can be quite complicated, and having a workers’ compensation lawyer by your side is essential for navigating this process and ensuring you receive fair compensation. Insurance companies often attempt to claim that your current symptoms stem solely from the pre-existing condition.
It’s crucial for you to establish a direct connection between the workplace incident and aggravation of your pre-existing condition. An attorney can establish whether you are eligible for workers’ compensation benefits and can help gather important evidence, such as medical records, expert testimonies, and witness statements, to strengthen your argument. Additionally, they can help ensure your claim encompasses all of your losses, covering medical expenses, lost wages, and potential disability benefits. Your lawyer can help with issues stemming from a claim, such as assisting if you are fired for filing a workers’ compensation claim. If your workers’ compensation claim is denied, your lawyer can help you appeal the denial.Seeking legal counsel as soon as possible after experiencing a work injury, particularly with a pre-existing condition involved, can increase your chances of a successful claim. After a workplace injury, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC. We understand the intricacies of the Illinois workers’ compensation process, including the types of benefits available, and we are here to help you navigate your claim. Our team will investigate your injury thoroughly and can assist with filing your claim.
