Exacerbated Vs. Aggravated Injuries in Workers’ Comp Claims

 Posted on December 27, 2024 in Workers' Compensation

If you are injured at work, you should be eligible for workers’ compensation benefits, assuming your employer has the coverage required by Illinois law. Whether a claim you make involves an auto insurance, homeowners’ insurance, or workers’ comp policy, the liable insurance company will probably look for ways to deny your claim or limit your payout. A favorite tactic with workers’ comp cases is to say your injuries were pre-existing, which could reduce or eliminate your benefits.

What are exacerbated and aggravated injuries, and why does it matter? What can I do if my claim is denied or my benefits are reduced? Working with a skilled Springfield, IL workers’ comp attorney can ensure you get the full benefits you deserve.

What Are Exacerbated and Aggravated Injuries?

People are injured every day. Many times, employees return to work after recovering from a car crash, slip-and-fall accident, sports injury, or other kinds of injury-producing incidents. These people may still experience lingering effects of their injuries and be more prone to similar injuries in the future. These injuries could be:

• Bone fractures

• Back and muscle injuries

• Carpal tunnel syndrome

• Joint and nerve damage

• Rotator cuff injuries

Sometimes, a newly acquired work injury can cause old injuries to resurface:

• Aggravated injury: A permanent worsening of a previous injury

• Exacerbated injury: A temporary worsening of a past injury

Although the terms sound similar, they are vastly different in workers’ comp cases because the injured worker may be eligible for temporary or permanent disability depending on the situation in question. Permanent disability benefits could cost the insurer more in payouts, which they will probably fight. An effective lawyer can help.

How Might Insurers Use Pre-Existing Injuries to Avoid Paying Your Workers’ Comp Claim?

Insurers routinely use two tactics in workers’ comp claims involving an employee’s pre-existing injuries, and both can threaten your benefits. A claim denial means they do not believe they should have to pay any benefits, potentially claiming you did not sustain an injury at work or that your past injury flared up on its own.

Apportionment assigns a percentage of your current condition to your work-related injury and a portion to a pre-existing condition. Using this process, they admit that your work duties contributed to your current medical condition, but they blame your old injury for a portion so they do not have to pay you as much as they should.

Whether the insurer uses these or other tactics, your attorney can fight to help you get the full benefits you are entitled to by law. We know how to investigate your workplace injury and preserve evidence to substantiate your claim. We are also experienced with refuting insurer claim denials and apportionment attempts.

Speak With a Skilled Champaign, IL Workers’ Compensation Lawyer

You do not have to accept unfair treatment from an insurance company after a workplace injury. You can trust Kanoski Bresney to provide exceptional legal representation. Call 888-826-8682 or contact us online to request your free case review with one of our dedicated Decatur, IL workers’ comp pre-existing conditions attorneys.