If you have an existing medical condition, including past injuries, it does not just make your daily life more difficult; it can also interfere with a workers’ compensation claim when you suffer an injury on the job. Pre-existing conditions for workers in Waukegan can range from previous injuries to chronic conditions. While they do not disqualify you from receiving workers’ comp benefits, they can make the claim process more difficult.
Pre-existing conditions do not prevent workers in Waukegan from receiving coverage for a workplace injury, including coverage for medical expenses and payment for a percentage of the injured worker’s income while they recover. However, if a worker has a pre-existing condition, insurance providers may try to argue that the injured worker does not deserve the same compensation they would have received under other circumstances, since the incident at work did not cause the pre-existing condition.
Illinois uses an “aggravation rule” to determine the workers’ compensation benefits recovered by workers with pre-existing conditions. The aggravation rule states that the employee can claim benefits when a workplace incident or their ongoing job duties make a pre-existing condition worse or cause its symptoms to escalate. That does not mean the worker can receive coverage for the pre-existing condition, but they can receive coverage for the elements that the incident made worse.
When a Waukegan worker has a pre-existing condition related to an injury, they will need to work with an attorney to show the work-related cause that led to the increased severity of the chronic condition. For example, when a worker with a chronic stress injury, like carpal tunnel or tennis elbow, has to perform job duties that increase their symptoms through repetitive movements, they can share that information with their workers’ comp provider and seek benefits.
Showing work-related cause for injuries is also important in the case of new, acute injuries. While a previous injury or chronic condition may contribute to the severity of the symptoms faced by the worker, they still have symptoms and medical costs related to the workplace injury, for which they can pursue compensation.
Medical documentation may prove essential for assessing the work-related connection to the worker’s symptoms. A medical expert may also testify about that vital connection.
In many cases, employers will deny a claim if they find that the worker had a pre-existing condition related to the specific issue. When that occurs, the injured worker may want to work with a Waukegan attorney to get a better idea of how their pre-existing condition should impact their claim and what benefits they should expect when filing a workers’ compensation claim.
Pre-existing conditions for workers in Waukegan can have an immense influence on the benefits they can recover, especially if they try to handle the claim alone or do not fully understand their rights. By working with a personal injury attorney, many workers find that they can better advocate for the full benefits they deserve. At Schlack & Bassmaji, we offer personalized, relentless support to our clients as we fight to achieve a fair outcome in workers’ comp benefits. Reach out to us to learn more.
