Posted on May 5, 2010 by Mike Helfand

Illinois work comp and pre-existing conditions

A readers asks:

I had an eye injury while on the job.  It was a workman's comp case and the case was settled.  I
have been back to work for several years now but I've had four surgeries since the settlement and it's possible that I might lose my eye-site in the eye that was injured (it was fine for a couple years
but this is no longer the case).  Because I "settled" my case, am I able to reopen it or sue again if
my condition worsens or I lose some or all of my eye sight?
 

This person is probably out of luck because it doesn't sound like they have had a recent new injury or aggravation of the pre-existing condition.  Once you settle a case you almost always close out your medical rights as relates to that injury.  If you wake up one day with a problem then it's not a work comp issue unless your job has somehow aggravated that pre-existing condition.

Here is an easy example.  Client of ours had back surgery from a job injury and settled his case.  Five years later on the job he slipped in a puddle of water and now had to have a back fusion.  Because his pre-existing condition was aggravated we were able to win benefits for him.

On the flip side, had he hurt himself at home or just woken up with back pain that was not made worse by his job there would have been nothing we could do.

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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Posted on December 3, 2009 by Mike Helfand

"Is this an Illinois workers' compensation claim?"

Two recent scenarios we were presented with that have come up a bunch in the past:

#1 I was sitting at my desk all day, got up to stretch my legs and bent down to tie my shoe.  When I stood back up my back popped ad now I'm out of work with a herniated disc.

That unfortunately does not sound like a case as nothing about the job contributed to the accident.  If you are not at an increased risk at work for having an injury than you would be anywhere else then it is not a case.

Compare that with this:

#2 I had a pre-existing back injury for which I was off work.  My last MRI showed a bulging disc in my back at the L4-5 level.  The original injury was not work related.  First day back I picked up a box, felt a strain and now have a herniated disc per a new MRI.

That is a case because it is work related and even though the condition was pre-existing, the MRI's make clear that the job accident caused the problem to get worse.

 We are workers' compensation attorneys that help people with Illinois work injuries anywher 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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Posted on September 30, 2009 by Mike Helfand

Is this a work related injury? Recent examples from Chicago

Here are five recent examples from people who have asked us if they have work injury:

I am a teacher and we were allowed to bring in food for the last day of school.  I ordered pizza and when I went to the front of the school to get it, I tripped (couldn't see where I was going b/c of the pizza) and broke my ankle.  The insurance company says that since I wasn't required to get pizza and it's not a part of teaching that I don't have a case.  We think it is likely a case since the school was aware that it was happening and we believe that the school benefits from these parties taking place.

I am a pizza delivery driver.  I made a delivery to a party and since I new the kids having a party I ended up having a bunch of drinks.  I crashed the car on my way back to work and got a DUI, plus a concussion from when my head hit the window.  Do I have a case?  Even though you were driving for work, we think the act of getting drunk ends the chances of a winning case.

I went to the company Christmas party and while dancing I slipped and hurt my knee.  Assuming that it was not mandatory for you to attend the party, typically injuries sustained at work parties are not covered.

I was at a conference in Vegas.  After the conference we went to dinner and then dancing.  I didn't drink anything, but some drunk guy plowed in to me causing me to fall and hurt my knee.  This on the other hand is a case because the worker was a traveling employee, not intoxicated and it's reasonably foreseeable that a traveling employee in Vegas would go dancing at a club.  There is now way she should lose this case.

I hurt my back in April of 2008.  I returned to work, but was still seeking treatment for a herniated disc.  On my way to work in October I was in a car accident and ended up with back surgery.  The insurance company says this was an intervening accident and cut off my benefits.  We think the insurance company is wrong and there was a case almost exactly similar to that which supports our belief.  Even though there was an intervening accident, he was still under treatment and his doctor felt that his back was deconditioned.  This problem traces itself back to the original injury.  We think he will be able to secure benefits.  FYI, the fact that he was driving to work means nothing unless he was driving to a work meeting.

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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