Another Accident...Does it Stop Your Benefits?
Sometimes bad luck can turn to worse luck. You’ve had a work injury and you’re undergoing treatment to try to make a full recovery. In the meantime, you have another accident which is not related to work, and now you’re in more pain than before. Does this second accident disrupt your future workers’ compensation benefits?
In Illinois, you are entitled to workers’ compensation benefits to pay for treatment for all the natural consequences of your work injury. This would even include surgery or other procedures that would be needed in the future. But if there is another, unrelated accident that breaks that chain, your right to benefits could be severed as well.
Winning your argument that your second accident shouldn’t affect your benefits, can often turn on what is in your medical records and the testimony of your doctors. If you can show that you have been consistently receiving treatment for your original injury and have not made a full recovery, the second accident is less likely to affect payment for ongoing and future treatment.
Recently a case like this was decided by the Illinois Workers’ Compensation Commission. A man injured his back at work, lifting heavy objects. He had never had treatment for back pain before his work injury, and after that he had constant back pain. During the time he was trying to recover from his work injury, he had another accident--a fall, which was completely unrelated to his job. He needed back surgery, but the insurance company was disputing the surgery was related to his work injury, arguing instead that his subsequent fall cut off his right to benefits.
But the medical records and testimony in his case helped to show that the work injury was ongoing, and that his back had not fully recovered. He had continued his treatment for his back on a regular basis, ever since he first injured it. He was told by his doctor to stay off of work and had not been released yet at the time of the second accident. Also, there was evidence that even before his fall, the doctor had ordered further tests and was considering back surgery because of his original injury.
Because he could show that the results of his work injury were still ongoing, the fact that another accident contributed to his pain did not do anything to cut off his right to continue benefits. This included benefits for back surgery he could need in the future. His medical records had already established that the surgery might be necessary, even before he had the fall.
It is easy to put off seeing your doctor, and getting all the treatment that you need when you have been injured. After all, if you are in pain, it may not be so easy to get out and go to the doctor. Keeping on top of your treatment, though, is very important for your health, so you can make your best recovery. But it also may be critical for your workers’ compensation benefits. We never know what’s going to happen in life, and you wouldn’t want an unexpected accident to not only cause you more pain, but cause your insurance company to try to stop paying your benefits you are entitled to for your work injury. While we can certainly present your case that your injury is still caused from your work accident, you’ll have a much better chance if your medical records show your ongoing condition and need for continued treatment.
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.
