Pre-existing conditions and Illinois workers' compensation
Under Illinois workers' compensation laws, if your work injury causes, aggravates or accelerates a problem, you are eligible for benefits under workmans comp.
Aggravates or accelerates is the key thing to understand. You can have a prior problem, but if the job accident makes it worse, you win.
In most cases, attorneys look to see if you were undergoing active treatment before the job problem. If you went to the doctor in the last three months for back pain and now have back pain on the job, we'd have to show that it really made it worse. If you had an MRI before the accident and it looks the same as an MRI after the accident, it's hard to show that the job injury really aggravated it.
It's probably a bigger problem if you went to the doctor within the week of the injury getting worse. Again, you'd have to show a drastic change, e.g. you had knee pain, but then when you got hit by a forklift you tore your ACL and couldn't walk anymore.
On the other hand, if you've noticed a physical problem, but never previously went to the doctor for it, if the job accident was the final straw that pushed you to receive treatment then you will probably win your case.
Bottom line is that a pre-existing problem can create some hurdles, but it's not the death to a case and it certainly doesn't automatically stop you from bringing one.
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.
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