Not every Illinois work injury happens from a one time event like a slip and fall on a wet floor or lifting a patient and feeling a pop in your back. A lot of cases, probably around half that we get, involve injuries that develop over a period of time from doing a lot of the same activity.

Here’s a great example from a worker who contacted us via our live chat feature:

I work on my hands and knees all day. Over the course of my employment a ligament has torn, requiring surgery. There was no specific event I can say that caused this. Do I qualify for workers compensation?

On further discussion, this carpenter has been doing this type of work for over 20 years, including more than a decade with his current employer. He’s working in tight spaces and bangs his knees a lot. He also does a lot of heavy lifting, bending and squatting.

We aren’t doctors, but it sure sounds like enough to show that his job contributed to his knee problems and the torn ligament. That’s the standard needed to win a case. But it’s not enough to win a case just yet.

When you have an injury that is from doing the same or similar activities over time, you need what is called a causal connection opinion. That’s a statement from a doctor, usually an orthopedic one, who has reviewed your job duties and states that your injuries are work related.

You can’t on your own offer a medical opinion that will have any influence on the Arbitrator or insurance company. You can give a detailed description of what you do at work and what you notice while doing those activities or soon thereafter.

The thing to watch out for is many/most doctors don’t understand how Illinois work comp law works. Mainly they don’t know that the job doesn’t have to be the only cause of your injury or even the primary cause. It just has to be a contributing factor for you to be entitled to benefits. It’s why making sure they get an explanation of the law and a very detailed job description is important. And this is where a good lawyer can really help.

You should also know that insurance companies love to deny these cases and also have hired gun doctors who will state your injuries aren’t work related. Don’t stress over this. It’s a hurdle to overcome, but usually not too big of one, especially if you have a credible doctor in your corner. Definitely don’t take the word of the insurance company if they say your injuries aren’t work related. They certainly aren’t looking out for you or your best interests.