Chicago work comp attorney view on intervening injuries
A reader asks:
I hurt my leg on the job six months ago and had surgery. My injury was not disputed and the insurance company paid for everything. I'm still undergoing treatment, but was getting better. Last week I stepped in a hole in my yard, twisted the same knee and now am facing more treatment and probably another surgery. The insurance company cut off my benefits. Can they do that?
They can certainly cut off your benefits because all they need is a reasonable basis for doing so. This is probably reasonable enough. The bigger question is who will win that argument in the long run.
Of course every case is different, but when you are still under treatment and your body is "weakened" the good news is that Illinois courts have held that a new accident is not really a new accident, but a continuation of the old one.
So if your doctor will testify that your knee was weakened or de-conditioned then you stand a great chance at winning benefits. On the other hand, if you were all better or almost there or your doctor won't agree you were in a weakened condition then you may have a problem.
If this happens to you, a quick review of your medical records should tell you if there is a case or not. But don't assume that because something new has happened that you have no chance.
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.
