Re-opening an Illinois workers' compensation claim
You go through the process of the Illinois workers’ compensation system for your work injury, and receive an award or settlement. The case at this point, closes and the decision is final. But sometimes a later aggravation of the injury can send you back to try to reopen the process and receive benefits.
Generally, once a case is closed after a settlement has been approved by an Arbitrator, so too are your medical rights with regard to that injury. But if you can show that you have aggravated the pre-existing condition, you may be able to collect under workers’ compensation. Proving the relation between the new injury and the old accident, though, can be challenging, and it is up to you to be able to show this nexus.
A recent case illustrates what not to do in this situation. A worker had received an award for his neck injury 20 years earlier, and then became symptomatic again while performing tasks at work. He reported the injury to his employer, but problems ensued at that point.
The worker claimed that he had authorization in writing for treatment. But he did not save the documentation, and could not prove that fact later, as the person who sent the authorization was no longer with the company. He began receiving chiropractic treatments. However a later utilization review showed that the there were no daily records from the treatments, no records of the specific tests performed other than general statements of having performed usual tests, and no information in the medical records to show that the worker was benefiting from the many treatments.
The worker, therefore, was not able to sustain his burden to show that his current symptoms were caused by his prior accident. Nor was he able to prove that the chiropractic treatments were medically necessary under the circumstances, as it related to treating the symptoms.
Though it is possible to reopen your case after a re-injuring of the pre-existing condition, taking the proper steps to help yourself can be critical. Documenting every step of the process, and creating and maintaining detailed records will be very helpful. Also, involving your workers’ compensation attorney at an early stage of the process can help to advise you along the way before anything is lost.
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.
