We recently were asked by an injured worker, whether he had a workers’ compensation claim, even though he had a pre-existing condition.
He injured his back at work installing a windshield, and had been off work since then. The x-rays showed that he has two bulging discs. Months before the recent injury, he had been treated for back pain, which was diagnosed as strained muscles, and went back to work. How does this prior back injury affect his present claim for workers’ compensation benefits?
He should have a case for his recent back injury. The pre-existing back problems do not necessarily cut off his right to get benefits for a later work injury.
Illinois workers’ compensation allows you to receive benefits for a work injury, even if a prior injury or condition was a factor in your being hurt. If you can show that the work accident made the old condition worse, then the injury has enough of a connection to your job that workers’ compensation covers it.
Your work does not need to be the one and only cause of your work injury for you to have a case. A prior injury can contribute to your being hurt. Benefits are available for all types of workers, whether they are older, ill, weak, or have some other condition.
The question is; was the new work injury related to your job and not just the way your condition would have progressed if you weren’t doing what you do at work?
For this worker, the injury happened while performing his job duties. He wasn’t under the doctor’s care for the old injury, and had been back at work. The strained muscles from before shouldn’t hurt is case now. It was the current job accident that was the final cause of the bulging discs.
It’s important give a good and complete history to your doctor. Don’t be concerned that telling your doctor about your prior injuries or conditions will hurt your case. It can make it more challenging some times, but it does not mean an end to your case.
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.
