I was contacted by a worker who was lifting a box when he felt a pain in his shoulder. He reported the injury right away and went to a doctor’s office to get checked out. The doctor gave him a pain relieving medicine and saw the worker only one more time. After that he didn’t need any more treatment for his shoulder and tells me it feels fine.

So how is it that this worker is likely permanently disabled from working ever again and in line for a mid six figure work comp settlement?

It’s a rare case. Usually a case like this would be worth nothing or a couple of thousand at most. In this case though, he went to a doctor suggested by the company that did not ask him about any prior health problems. If they had, they would have known that he has a history of kidney disease. The pain drugs he was given are not recommended if you have prior kidney problems because they can accelerate kidney damage.

Unfortunately that is exactly what happened to him. He now has renal failure and is on dialysis and needs a kidney transplant. His renal failure is so severe that he can not do any type of work.

That Sounds Like An Illinois Medical Malpractice Lawsuit

This is what my admin said when she heard the facts of the case and she may be right. This worker does have a medical malpractice lawsuit that is worth investigating and I referred him to one of the best Chicago malpractice lawyers I know.

But the kidney injury is also a work comp case. That is because he only took the drugs that greatly aggravated his kidney disease because he was hurt at work. Since the kidney injury traces back to a work injury, it’s a part of the work comp case.

As a result, the work comp insurance company should be picking up the dialysis tab which is around $70,000 a year. They also should be paying him for his time off of work. And if he does get that kidney transplant, which can cost around $500,000, they have to cover that too.

He’s also eventually going to be entitled to a settlement, although in this case it might make sense to take weekly payments and keep his medical rights open for life. That is all to be determined.

The bottom line is that when an injury that doesn’t appear to be work related traces back to an injury that is work related, it’s all a part of the same work comp case.

This is much more common than you think. Some examples include:

  • Injuring your knee and then developing an elbow injury from using crutches.
  • Developing a psychological injury such as depression from being in so much pain from a back surgery.
  • Breaking your arm because you fall at home due to a work related foot injury.
  • Hurting your left wrist because you are over using it due to a right wrist injury.
  • Becoming addicted to pain medicine and needing a rehab stint when you only took pain meds due to a work injury.

I could probably list 100 more. It’s essentially a “but, for” test. In other words, if the second injury would not have happened “but, for” the first one, then it is all part of the same case.

The big mistake I see workers make is they settle the first injury not realizing the second one is a part of it. Insurance companies of course know this, so they will push to settle because it is best for them, not you. Once you settle, it is over and you can not go back and claim the second injury.

If you have any questions about any of this or want help with a case, please call us for free at 312-346-5578. We cover all of Illinois.