Rockford, IL Workers' Comp Attorneys for Aggravations of Pre-Existing Conditions

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In many cases, a person who is injured while working or who develops a repetitive motion injury over time may already have a history of medical issues. A previous back injury, a joint condition, a heart condition, or other pre-existing health issues can complicate a workers' compensation claim. One of the most common tactics employers or insurers may use to deny or minimize workers' compensation will involve arguing that a person's condition is not work-related at all.

The laws that affect workers' compensation benefits in Illinois provide protection for workers who have pre-existing conditions that have been aggravated by workplace accidents or work-related activities. If a work injury involved a pre-existing condition that was aggravated by work-related issues, the attorneys at Newland & Newland, LLP can help a person obtain benefits through workers' comp.

Types of Pre-Existing Conditions That May Arise in Workers' Compensation Cases

Degenerative Spinal Conditions

Degenerative disc disease and other conditions affecting the back and spine may be considered pre-existing conditions in workers' compensation cases. These conditions may involve the gradual breakdown of the bones or tissues that support the spinal cord, and they can often affect people as they get older. When physical activities performed while working, such as bending and heavy lifting, accelerate or worsen a spinal condition, or when an injury at work causes additional damage to the spine, these issues may be addressed in a workers' comp claim.

Orthopedic Injuries

A person may have previously experienced an injury affecting a joint, bone, or soft tissue due to an incident such as a workplace accident, a car accident, or a sports injury. An accident in the workplace may re-injure the area that was affected, or repetitive stress while working may lead to the aggravation of a previous injury. A knee surgery, a shoulder injury, or a bone that had been broken in the past may be affected by a new workplace injury in the same area.

Cardiovascular Conditions

Workers with pre-existing heart disease, high blood pressure, or other cardiovascular issues may experience injuries that could aggravate these conditions. Extreme physical exertion can trigger a cardiac event like a heart attack in a worker with a cardiovascular condition. A work-related cardiac event may be covered by workers' compensation even when a worker had a pre-existing coronary disease, as long as the physical demands of their employment contributed to the event.

Respiratory Conditions

Workers with conditions such as asthma or chronic obstructive pulmonary disease (COPD) may experience aggravations of those conditions because of exposure to dust, chemical fumes, mold, smoke, or other irritants in the workplace. The aggravation of a pre-existing respiratory condition due to occupational exposure may be considered to be an occupational disease that is covered by workers' compensation.

Diabetes

Pre-existing diabetes may be relevant in a workers' compensation case. Diabetes can affect how wounds heal and how nerves function, which can make a workplace injury like a laceration or burn more serious and difficult to treat. Workers with diabetes may also be at a higher risk of certain occupational diseases, such as infections from exposure to bacteria or viruses. When a workplace accident leads to a more severe injury or medical complication because of a person's pre-existing diabetes, workers' compensation may address the full extent of the resulting disability experienced by the worker.

Obesity and Related Conditions

Workers with obesity-related conditions such as joint degeneration, sleep apnea, or cardiovascular disease may experience more serious injuries in workplace accidents. The benefits provided to a person through workers' compensation cannot be reduced because of their weight or other related health conditions.

Mental Health Conditions

When a worker has a history of depression, anxiety, or other mental health issues, a traumatic workplace event or a serious injury may have an effect on their mental health. Psychological conditions may be covered by workers' compensation if they arose from a person's employment. The aggravation of a pre-existing mental health condition may be addressed when it occurred due to a workplace injury or other factors related to a person's work.

How Disputes Over Pre-Existing Conditions May Be Resolved

When an employer or insurer disputes a workers' compensation claim based on a pre-existing condition, the claim may be reviewed by the Illinois Workers' Compensation Commission. Understanding the factors that may be addressed in these disputes can help a person know what to expect as a case is resolved.

The Role of Medical Evidence

Medical evidence is a key issue in any pre-existing condition dispute. A doctor's opinion about the relationship between a workplace accident or work-related activities and the person's current condition will be important. A physician who has a relationship with the worker will be able to determine how their condition changed and why work activities aggravated pre-existing health issues.

Independent Medical Examinations

Employers and insurers may arrange for a person to receive an evaluation from an independent doctor. In some cases, a doctor may find that the worker's symptoms were caused by a pre-existing condition rather than a workplace event. These opinions may be challenged by the opinions of a doctor who has a longer history with the worker or through other independent evaluations.

Proceedings Before the Illinois Workers' Compensation Commission

If an injured worker cannot reach a settlement with their employer, their case may be presented to an arbitrator at the Illinois Workers' Compensation Commission. The arbitrator will review the full medical record, listen to testimony from medical experts or other witnesses, and consider other information to help them determine whether the work a person performed aggravated their pre-existing conditions and contributed to their current medical issues or disabilities.

Our lawyers can provide representation throughout each stage of a claim, helping to protect the rights of an injured worker. We can gather medical evidence, make sure the right examinations are performed, and take steps to prove that a pre-existing condition was aggravated by work-related issues.

Frequently Asked Questions About Workers' Comp and Pre-Existing Conditions

Contact Our Rockford Pre-Existing Condition Aggravation Lawyers

A pre-existing condition should never be used as a reason to deny workers' compensation benefits that you are entitled to receive. The lawyers at Newland & Newland, LLP can make sure your rights will be protected as you file a workers' comp claim that may involve the aggravation of a pre-existing condition. To schedule a free consultation, call our office at 847-797-8000 or contact our Rockford, IL workers' comp claim attorneys online.