How Do Pre-Existing Conditions Affect Workers’ Compensation Claims?

 Posted on February 23,2021 in Workers' Compensation

If you are injured while on the job, you will usually be eligible for workers’ compensation benefits, which will cover the costs of medical treatment and provide you with repayment for the loss of income due to a temporary or permanent disability. However, if you have a pre-existing condition, you may be worried about how this will affect your eligibility for workers’ comp. In many cases, you will still be able to receive benefits, and by working with an experienced work injury attorney, you can protect your rights and make sure you receive the compensation you deserve.

Work-Related Injuries and Aggravation of Pre-Existing Conditions

Workers’ comp covers all injuries that occur during the course of a person’s employment. This includes any injuries that lead existing injuries or medical conditions to become worse. For example, a person may have experienced a back injury in a car accident several years ago, and after receiving treatment and following all medical instructions, they made a full recovery. Then, while working in a warehouse, they attempted to lift a heavy item and re-injured their back in the same location as the previous injury. Even though the injury had previously existed, it became aggravated because of the work the person was performing, making them eligible to receive workers’ compensation benefits for medical treatment for the new injury, as well as wage benefits that address any missed work while recovering.

Some workers’ comp claims can become complicated when dealing with pre-existing conditions since it is not always clear how much a person’s pre-existing condition was to blame for a new injury or whether their new injury worsened their previous condition. In some cases, an employer or their insurer may deny benefits to an employee by claiming that the injury was solely caused by their pre-existing condition, and it did not arise out of the normal course of their work. For example, a person with a pre-existing knee injury may stumble and fall while working, causing additional damage to their knee, as well as a broken arm. Their employer may deny their claim and state that the new injuries were caused by the original knee injury. However, if the injury occurred while the employee was performing work-related activities, they should be eligible to receive benefits that address their broken arm, as well as the worsening of their pre-existing knee injury.

Contact Our Champaign Workers’ Compensation Attorneys

If you have suffered a work injury, the attorneys of Kanoski Bresney can help you address any pre-existing conditions that may affect your case. We will help you show that your injuries were work-related, and we will make sure you provide the right information when making a claim. We will fight to ensure the benefits you receive address the aggravation of your previous injury and any new injuries that you have experienced. To learn more about how we can help you receive the benefits you deserve, contact our Peoria workers’ comp claim lawyers today at 888-826-8682 to set up a free consultation.

Source:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf