Navigating the workers’ compensation system can be challenging even when your case is straightforward. Unfortunately, the process can be even more challenging when you have a pre-existing condition.
If you were injured while working in Illinois, you should understand how your pre-existing condition might influence your claim. Workers’ compensation regulations are designed to make benefits accessible to you when you sustain work-related injuries. However, you should know that the presence of a pre-existing condition may complicate the process.
Understanding workers’ compensation in Illinois
Illinois’ workers’ compensation system follows a no-fault approach. This means that you are not required to prove employer negligence to receive benefits. If your workers’ compensation claim is approved, you may be compensated for the medical expenses you incurred during recovery, any wages you lost if you had to miss work and any vocational rehabilitation you may have undergone to safeguard your earning potential.
Unfortunately, complications can arise if your pre-existing condition overlaps with the new work-related injury. For context, examples of pre-existing conditions include chronic back pain, arthritis and a prior knee injury.
Your pre-existing condition does not automatically disqualify you from receiving benefits. However, it is important to note that your pre-existing condition might become a focal point during the claims process.
The role of aggravation in workers’ compensation claims
State law employs the concept of aggravation when evaluating workers’ compensation claims for those with pre-existing conditions. According to this concept, you are eligible for benefits if the work-related accident aggravated your pre-existing condition. The key factor is whether the work-related activity significantly worsened the condition.
For example, if you grapple with lower back pain, a new injury at work may worsen your pain. In this case, you may qualify for compensation to address the additional pain you have to endure. That said, you can expect your employer and the company’s insurance provider to scrutinize your claim more than they would a straightforward claim. Additionally, your employer may require you to demonstrate that your job significantly contributed to the worsening of your condition.
If you had a pre-existing condition before sustaining a work-related injury, you may benefit from legal support during your claims process. The right legal team can help you deal with the additional scrutiny your case may get.