How Can Pre-Existing Conditions Affect Workers’ Compensation Cases?

 Posted on April 30, 2021 in Workers' Compensation

People who are injured on the job or because of work they have performed will usually be eligible for workers’ compensation benefits. Workers’ comp will cover the costs of medical treatment for an injury, and a person may also be able to receive disability benefits if their injury has caused them to be temporarily unable to work or has permanently affected their ability to earn an income. While workers’ compensation covers all injuries that occur during or arise out of a person’s employment, there are some cases where employers or insurance companies attempt to deny a workers’ comp claim based on a person’s pre-existing condition. In these cases, injured workers will want to understand their rights and determine how they can receive the benefits they deserve.

Workers’ Comp Coverage for Aggravation of Pre-Existing Conditions

When a person suffers an injury while at work, they are entitled to receive workers’ compensation benefits if the injury arose out of their employment. In some cases, workers’ comp claims may be denied on the basis that a person had a pre-existing condition, and an employer or their insurer may claim that the injury did not occur because of the work that a person performed, but was solely caused by their existing medical conditions.

Workers should understand that even if they had a pre-existing condition, they will be eligible for workers’ compensation benefits if they suffered a new injury while working. These injuries may include the aggravation of any existing medical issues. For example, a person with degenerative disc disease may experience a worsening of this condition after lifting heavy objects at work. Even though they already had a known medical condition, an injury that required additional medical treatment or affected a person’s ability to work will be covered by workers’ comp.

When a pre-existing condition is aggravated due to a work-related injury, workers’ compensation will cover all medical treatment needed to address the new injury. An injured worker may also be eligible for temporary disability benefits if they were unable to work or experienced a reduction in income while recovering. If the aggravation of a pre-existing condition resulted in permanent impairments, a person may be able to receive permanent disability benefits.

Contact Our Aurora Work Injury Attorneys

If you have experienced an aggravation of a pre-existing condition due to a work injury, the attorneys of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you file a workers’ compensation claim that will allow you to receive the benefits you deserve. If your workers’ comp claim has been denied based on a pre-existing condition, we can help you file an appeal and show that your injury was work-related. Contact our Kane County workers’ compensation lawyers at 630-907-0909 and set up a free consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68