Handle Injuries, Workers’ Comp & Pre-Existing Conditions With Us
Dealing with a personal injury or workers’ comp claim can feel overwhelming, especially if you have a pre-existing condition. Many people worry that their past medical issues might hurt their chances of getting the help they need. The good news is that Illinois law considers situations like these, and having a pre-existing condition doesn’t mean you’re out of options. An experienced Illinois Personal Injury Lawyer can help explain how these laws work and guide you through the process to get fair treatment. Understanding how your pre-existing condition plays into your claim is the first step toward protecting your rights.
If you’ve been injured and already have a medical history, it’s important to know how a pre-existing condition personal injury claim in Illinois works. Whether you’re filing for workers’ comp or pursuing a personal injury case, you’ll need to show how the new injury made your condition worse or created new problems. Insurance companies often try to deny claims by blaming everything on your past health issues, but there are ways to fight back. Knowing what evidence to gather and how to present your case can make all the difference.
Quick Summary:
- Pre-existing conditions refer to any health issues that existed before an accident, which could be linked to past injuries, illnesses, or ongoing medical problems. These can include past injuries like broken bones, herniated discs, or even conditions like diabetes and arthritis. These issues affect how new injuries are viewed during claims since they can influence the severity of the injury and treatment needed.
- If you have a pre-existing condition and suffer a new injury, the other party may argue that your condition is the primary cause of your pain. To overcome this, you need to show that the accident caused new pain or suffering that requires additional treatment. This might involve providing medical records and documentation to prove that the new injury was aggravated by the accident.
- Illinois has a no-fault workers’ compensation system, meaning you don’t need to prove your employer was at fault to get benefits. You can still qualify if a job-related incident worsens a pre-existing condition. However, proving the connection may be challenging and often requires strong medical evidence. Employers may argue it’s just the natural progression of your condition, so having doctor support is essential.
- Filing a claim with pre-existing conditions can be tough, but following key steps can improve your chances. Be honest about your medical history, collect important records, and keep track of all treatments. Ask your doctor to explain how the injury made your condition worse, and consult a lawyer for help with your claim. Staying organized and persistent will also make a big difference in getting the compensation you deserve.
What Are Pre-Existing Conditions?
A pre-existing medical condition is any health issue you already had before an accident. It might come from an earlier injury that makes you more likely to get hurt in the same area again. For example, if you’ve had a back injury before, you could be at higher risk for another one. These conditions can also come from illnesses or health problems that aren’t related to accidents at all.
Some pre-existing conditions caused by earlier injuries might include broken bones, herniated discs, traumatic brain injuries, or even sprains and strains. Other conditions that aren’t tied to past injuries include arthritis, degenerative disc disease, diabetes, fibromyalgia, Parkinson’s, and heart disease. These issues can play a big role in how new injuries are viewed during a claim.
How Pre-Existing Conditions Are Handled in Illinois Personal Injury Cases?
Illinois law uses the “eggshell plaintiff” rule. This means the person who caused your injury is responsible for all the harm they caused—even if your pre-existing condition made you more likely to get hurt or made your injury worse. Here are a few examples:
- If you had mild arthritis and slipped on a wet floor, causing a severe joint injury, the person responsible for the slippery floor could be held accountable for the extra harm.
- If you had back pain before a car accident and now need surgery because the accident made it worse, you could recover compensation for that aggravated injury.
Your condition before the accident doesn’t reduce the other person’s responsibility. If their actions made your injury worse, they can still be held accountable. If you’re unsure how this applies to your case, speaking with a personal injury lawyer can help you understand your rights and options.
How Can I Prove That My Injuries Are Caused by the Accident and Not a Pre-Existing Condition?
The person or company you’re seeking compensation from may argue that your pre-existing condition is to blame for your injuries. For example, if you have back problems from a previous injury and hurt your back again, the insurance company could request your medical records. If they find that you’ve had pain in the past and use painkillers, they might claim that your “new” injuries are just part of your ongoing pain.
To counter this, you’ll need to show that the accident caused new pain and suffering, which requires additional treatment, rehabilitation, physical therapy, or medication.
What Happens if a Work Injury Aggravates a Pre-Existing Condition?
If you get hurt at work, you can get workers’ compensation benefits as long as the injury is related to your job. Sometimes, though, employers or their insurance companies might argue that your injury isn’t work-related because you already had a pre-existing condition. They may claim your condition alone caused the problem, not your job.
Even if you already have a medical condition, you can still qualify for workers’ comp if a new work injury makes it worse. For example, if you have degenerative disc disease and lifting heavy items at work causes your condition to worsen, that’s considered a new injury.
In cases of workers’ comp aggravation old injury in Chicago, workers’ comp can help with medical care for the aggravated condition and may also provide benefits if you can’t work or lost income while recovering. If the injury caused permanent damage, you might be eligible for permanent disability benefits as well.
Can I Get Workers’ Comp if I Have a Pre-Existing Condition?
If you get hurt at work or because of your job, you can usually qualify for workers’ compensation benefits. These benefits help cover medical bills for your injury, and if you can’t work temporarily or your injury affects your ability to earn money in the long term, you may also get disability payments. Workers’ comp applies to any injury that happens on the job or is related to your work.
That said, some employers or insurance companies might try to deny your claim by pointing to a pre-existing condition. If this happens, it’s important to know your rights and figure out the best way to get the benefits you’re entitled to.
How Does Illinois Workers’ Compensation Handle Pre-Existing Conditions?
Illinois uses a no-fault workers’ compensation system. This means you don’t have to prove that your employer did something wrong to get benefits. If your claim is approved, you can receive help with medical bills from your recovery, lost wages if you can’t work, and job training if you need it to keep earning a living.
Things can get tricky, though, if your pre-existing condition is connected to your work injury. For example, you might already have back pain, arthritis, or an old knee injury. Having a pre-existing condition doesn’t mean you’ll automatically lose your right to benefits. But it does mean the condition could be closely looked at during the claims process.
How Do Pre-Existing Conditions Affect Workers’ Compensation Claims in Illinois?
In Illinois, workers’ compensation claims can be more challenging if the injury involves a pre-existing condition. It’s often harder to receive fair compensation when the injury is connected to something you had before the accident. Workers’ compensation benefits apply when an injury happens at work or is caused by your job, including situations where a work incident worsens a pre-existing condition.
However, proving that a work injury worsened a pre-existing condition can be difficult. Employers or their insurance companies may argue that the worsening of the condition is just part of its natural progression. To strengthen your case, Illinois law requires medical evidence, such as detailed evaluations and statements from doctors, to show how the injury aggravated your pre-existing issue.
Effective Ways to Approach Claims Involving Pre-Existing Conditions
Filing a personal injury or workers’ comp claim with pre-existing conditions can feel overwhelming. These steps will help you build a stronger case and improve your chances of getting fair compensation.
- Be Honest About Your Medical History
Always be upfront about any pre-existing conditions when filing your claim. Hiding them may seem tempting, but it can backfire if insurers discover the truth, damaging your credibility. For example, if you have a history of back pain but your injury made it significantly worse, being transparent allows your case to be evaluated fairly.
- Gather Medical Records
Medical records are critical in showing the difference between your previous health status and your current injuries. These documents help establish how the incident aggravated your condition. For instance, if you had knee surgery years ago but now struggle with walking after a workplace accident, your medical records can highlight that change.
- Document All Treatments
Keep detailed notes on every doctor’s appointment, therapy session, and medication you receive. Tracking these details shows how your condition has progressed since the incident. Let’s say, you started physical therapy after the injury, record the dates, progress reports, and any setbacks.
- Seek Medical Opinions
Ask your doctor to provide a written statement explaining how the accident made your pre-existing condition worse. A clear medical explanation strengthens your case. For instance, a doctor’s note confirming that the injury caused new joint instability can help counter insurance arguments.
- Consult an Attorney
A personal injury attorney can help manage the challenges of your claim, particularly when insurers push back on compensating for pre-existing conditions. They understand how to present evidence and negotiate with insurance companies to protect your rights.
- Stay Organized and Persistent
Keep a well-organized file with all your medical records, communication with insurers, and updates to your claim. Persistence is key when dealing with insurance delays or denials. Following up regularly and maintaining accurate documentation can make a big difference in your case outcome.
Contact Our Illinois Personal Injury Lawyer Now!
If you have a pre-existing condition and you’re dealing with a personal injury or workers’ comp claim in Illinois, it can be challenging. The good news is that even with a pre-existing condition, you can still receive compensation for injuries caused by accidents or work-related activities. An experienced Illinois Personal Injury Lawyer can help you understand these complexities and ensure that your case is handled properly. At Martay Law Office, we’re dedicated to helping you understand your rights and get the compensation you deserve, whether it’s for medical bills, lost wages, or pain and suffering.
If your work injury has aggravated an old condition, like a back issue or a knee injury, it’s important not to give up on your claim. A situation like this requires solid evidence to prove how the work incident made things worse. Martay Law Office is here to help you build a strong case and get the best outcome possible. Contact our Illinois law firm today for a free consultation, and let us take the stress out of your legal journey. We’re here to fight for you!
