Can Pre-Existing Conditions Affect Workers’ Compensation in Illinois?

Illinios accident lawyer,  Illnois personal injury attorney, Illinois wrongful death lawyerAlthough most companies take steps to prevent workplace accidents, they can still occur regardless of the occupation. Depending on the circumstances, injuries can range from minor to life-threatening. According to the U.S. Bureau of Labor Statistics, approximately 5,250 employees died from a work-related injury in the United States in 2018. Workers’ compensation is a benefits system for workers who suffer work-related injuries or illnesses, paid by their employers.

The Illinois Workers Compensation Commission resolves disputes cases involving work-related injuries and illnesses between employees and employers. In certain scenarios, a worker may have a pre-existing medical ailment that can be aggravated by an injury at work. Pursuing a workers’ comp claim in these cases can be complicated, so it is important to have an experienced attorney assist you in completing the process.

Examples of Previous Medical Ailments or Injuries

A pre-existing condition can include illness or injury. Before sustaining an injury at work, a person may have had a back, neck, or shoulder injury unrelated to work. However, a prior condition can also include cancer, diabetes, epilepsy, or mental health issues, such as depression or anxiety.

It is possible for an employee who has experienced a prior injury to suffer a work accident that results in further damage to that body part. For instance, someone might have hurt his or her knee by playing sports when young. If that individual slips and falls on the job, landing on his or her knee, it can further damage the knee. In some cases, the worker may need surgery or even a knee replacement depending on the severity or force of the impact. In these situations, the employer is typically responsible only for the worsening of the injury caused by the most recent incident.

However, an employer will try to prove that any lasting impairment an employee has is a result of his or her pre-existing condition and not the workplace injury. Therefore, it is crucial for anyone injured to seek medical attention. A physician can evaluate the injury to determine if it aggravated a pre-existing condition.

Temporary and Permanent Disability Benefits

Medical records are important to keep for any workers’ compensation claim. A report should include comments stating whether a doctor thinks the injury is temporary or permanent. Temporary Total Disability (TTD) refers to the benefits an injured worker receives while he or she is temporarily unable to return to work or is released by his or her doctor to perform light-duty work but the employer cannot accommodate a job change.

Temporary Partial Disability (TPD) refers to the benefits that a worker who is hurt can receive while he or she is recovering. During recovery, an employee may be able to work light duty, part-time, or full-time. However, he or she may earn a lower salary during this period of time. The employer pays TPD benefits to an injured employee until the employee has returned to his or her regular job or has reached maximum medical improvement. Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) benefits are typically awarded if a worker cannot do the things he or she was able to do before the injury. This may be due to the loss of a body part if a limb had to be amputated if it could not be repaired with surgery. In most of these situations, a person is unable to obtain any job, even in a different line of work, due to his or her physical limitations.

Contact an Illinois Workplace Injury Attorney

A workplace accident can have debilitating consequences for an employee, regardless of the industry. If you or your loved one was hurt while performing your job, you may be wondering if a previous medical condition will affect the outcome of your claim. James A. Payonk Jr., Attorney at Law and his legal team have vast knowledge and experience in pursuing workplace injury claims. Our dedicated Orland Park, IL workers’ compensation lawyers will carefully review the factors that led to your injury to ensure you receive the compensation you need and deserve. To schedule your free consultation, call us today at 708-966-2408.

 

Sources:

https://www.bls.gov/iif/

https://www2.illinois.gov/sites/iwcc/Pages/default.aspx

https://injuryfacts.nsc.org/work/work-overview/work-safety-introduction/

This entry was posted in Workers Comp and tagged , , , , , , , , . Bookmark the permalink.

Comments are closed.

The latest from our blog...

What Are Common Birth Injuries Caused By Medical Malpractice?

For many people, expecting a baby can be a dream come true. A lot of expectant mothers may have healthy, uneventful pregnancies. However, labor and delivery can be difficult, especially ...

Read more...

Can Pre-Existing Conditions Affect Workers’ Compensation in Illinois?

Although most companies take steps to prevent workplace accidents, they can still occur regardless of the occupation. Depending on the circumstances, injuries can range from minor to life-threatening. According to ...

Read more...

Are Older Drivers at Risk for Causing a Car Accident?

Obtaining a driver’s license is a milestone in most people’s lives. In Illinois, a motorist must pass a written exam and a behind-the-wheel test before he or she can legally ...

Read more...

Successful Cases

More Settlements

James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

Our NEW Phone Number

708-966-2408