When you have a repetitive use injury from your job activities, sometimes it’s obvious the cause and other times it’s not so clear. You aren’t a doctor and aren’t expected to be able to diagnose an injury or the cause of it. Your job is to work and seek medical treatment if you are in pain.

Sometimes you think you have an injury that is caused by something that isn’t from work, but later on realize it probably is from your job duties. The question becomes, is it too late to bring an Illinois work comp claim.

This happened to a recent caller of our office. She started having problems with her back. She assumed it was because of a knee injury she had from playing softball years prior. It still bothered her and her thought that was because of how she was walking it must have thrown her back out of line.

She went to a doctor who told her that her knees were fine. Her pain got worse, especially with all of the lifting she was doing in her warehouse job. Her physical therapist suggested the problem might be work related. A MRI eventually showed multiple bulging discs and she’s slated for surgery.

She wanted to know if it was too late to bring a case. Under Illinois law, you have to notify your employer of a work injury within 45 days of when you knew or reasonably should have known that you had a work related injury. In this case, it appears that the day the physical therapist mentioned something is when the clock started ticking. Note that while it’s best to formally tell your employer in writing that you believe you have a work related injury, in some cases them being aware that you are injured can be enough.

So in a case like this, her thinking at first that her injury wasn’t work related shouldn’t take away her right to pursue Illinois workers compensation benefits. Now I would expect that the work comp insurance will fight this case, especially if her older medical records mention back problems when she was treating for what she thought was continued knee issues. That’s ok. Your case doesn’t have to be perfect. And in this case, as long as she testifies credibly, the story makes sense. She’s not a doctor, she thought one thing and then a medical professional explained what is really going on. It’s not a slam dunk case, but it’s likely a winner.

My best advice to anyone who thinks they might have a work related injury is to do a few things:

  1. Get to the doctor ASAP. Tell them what you do for work and what is going on with you.
  2. Make sure your employer is aware of your injury and tell them you want to file a workers comp claim.
  3. Talk to an attorney who focuses on helping injured workers. That doesn’t mean you have to hire them, but it gives you a chance to learn what you don’t know and what you need to be thinking about. The goal is to not make any mistakes that doom your case down the road.

If you’d like a free, no commitment consultation with an experienced work comp lawyer, call us any time at 312-346-5578. We help injured workers everywhere in Illinois.