Pre-existing Conditions do not Prevent Claims under Illinois Workers' Compensation
Pre-existing medical conditions may complicate claims under Illinois Workers’ Compensation, but they likely do not have much effect on the ultimate outcome. Most of us at one time or another have had non-work-related injuries, or have conditions which cause us pain or weakness over the long term. But Illinois worker’s compensation law won’t use those conditions to keep someone from collecting benefits.
In claims for workers’ compensation benefits, the relevant question is whether an accident or injury arose out of and in the course of employment. The analysis will look to whether the injury is traceable to a definite time and cause on the job. These questions remain the same even where the injury is a worsening of a prior injury; or where a prior condition made you more vulnerable to the work injury.
While the past may complicate the inquiry, it should not bar recovery. You have to look a bit further, to see if the claimed work injury is not any different than the usual course the condition would take over time. You will have to show the connection between the work injury and the aggravation or escalation of the original condition.
If you have trouble with your knees from an old sports injury, and you are doing a lot of bending and lifting on the job, any worsening of your knees should be recoverable. Similarly, if you broke your arm as a teenager, and you have a work accident where you fall and reinjure that arm, the original break should not bar the benefits.
As long as your employment is a factor in causing the current condition for which you are claiming benefits, then the fact that the condition existed prior to the employment should not bar recovery for workers’ compensation claims
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.
