Can You Get Workers’ Comp With a Pre-Existing Condition?

 Posted on August 15, 2024 in Workers' Compensation

Illinois employers are required to maintain workers’ compensation insurance policies that provide benefits to workers who are injured or become ill due to job-related duties. Employees can receive these benefits regardless of who is responsible. Benefits cover medical and rehabilitation expenses, a portion of lost wages, and other qualifying costs.

But what happens if a work injury worsens a pre-existing condition? Do you still qualify to get workers’ comp benefits? This situation adds significant complexity to your claim, but an experienced attorney from McNamara Phelan McSteen, LLC can help.

What Are Pre-Existing Conditions?

Workers can have injuries or illnesses that happened in the past, before the incident that caused their workplace injuries. These previous injuries may be physical or mental. Common examples include:

• Carpal tunnel syndrome

• Back or neck injuries

• Asthma

• Previously broken bones

• Dislocated shoulder or other joint issues

• Anxiety

• Torn ligaments or muscular issues

Various work situations can cause old injuries or illnesses to flare up, worsening the pre-existing condition temporarily or permanently.

Aggravated Vs. Exacerbated Injuries: What Is the Difference?

Details matter in workers’ comp cases. While the definitions of these two words are similar when used in conversation, their meanings are different when they refer to your injuries and your workers’ comp claim.

An exacerbated injury is an old injury temporarily made worse by work-related duties or a workplace accident. An aggravated injury refers to a permanent worsening. To workers’ comp insurance companies, that distinction means the difference between paying temporary and permanent benefits. These insurers do not like paying the full value of valid claims, and they may fight harder if you experience an aggravated injury.

What Challenges Can You Face with a Workers’ Comp Claim?

If an on-the-job injury or illness causes temporary or permanent effects, you deserve compensation. However, you may face some challenges with your claim. Working with our firm can help you overcome these and other potential challenges.

Claim Denial

Liable insurance companies may say that your condition is not as debilitating as you claim, that your new injury did not happen at work, or that your old injury is the sole cause of your flare-up. The insurer may deny your claim, refusing to pay you any benefits. In these cases, you must prove that your job duties directly caused your new injury and that injury is what worsened your pre-existing condition.

Apportionment of Benefits

If the insurer does not deny your claim outright, they may apportion your benefits. For example, they might state that your new injury is only causing 40 percent of your current problems, with your pre-existing condition being responsible for 60 percent. In this situation, the insurance company’s liability is for 40 percent of your total benefits.

Contact Our Joliet, IL Workers’ Compensation Lawyers Today

You should not have to fight to receive workers’ comp benefits. Unfortunately, that is often the case, especially if you have pre-existing conditions. When you choose to work with McNamara Phelan McSteen, LLC, your legal team will work hard to see you obtain all the benefits you deserve. Contact us at 815-727-0100 today for your free consultation with one of our skilled Will County, IL workers’ comp attorneys.