Pre-existing conditions are for the most part irrelevant under Illinois work comp
It is not unusual for someone to have a bad back, sore arm, stiff knee, etc. Especially as you get older the acts of daily living can wear your body down. Many people also have problems due to past injuries. We have represented a lot of clients who in the past have had non-work related back surgery, rotator cuff surgery, carpal tunnel and knee injuries. These clients came to us when something about their job caused these pre-existing problems to flare up.
Under Illinois workers' compensation law, a pre-existing condition does not bar you from receiving benefits. If your job aggravates or accelerates a pre-existing condition you should receive Illinois work injury benefits.
In other words, your employer takes you as they find you. If you had back surgery last year from a fall at home and then start a new job where you do some lifting and re-injure your back, the pre-existing condition should not reduce any rights that you have under the law.
Similarly, if you tore your ACL years ago and then twist the same knee when you slip on the floor at work, that is a new case.
The best way to figure out if you have a case is to ask yourself, was I having problems with this body part to the extent I am now before the accident happened? If the answer is no then you are likely entitled to benefits.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
