Aggravation of Pre-Existing Condition

Chicago Attorneys Skilled in Workers’ Compensation Claims

Workers’ compensation is a system that provides employees with benefits for job-related injuries. The Illinois Workers’ Compensation Act sets forth benefits that include medical costs, lost wages from work, and payment for either permanent or temporary disabilities. The types of injuries covered by Illinois workers’ compensation are those that “arise out of and in the course of employment,” including the aggravation of a pre-existing medical condition. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we provide clients with experienced and dedicated legal representation. Our Chicago workers’ compensation lawyers have helped injured employees pursue the full range of benefits that they deserve.

Pursuing Benefits for the Aggravation of a Pre-existing Condition

The aggravation of a pre-existing condition is a compensable injury under the Illinois Workers’ Compensation Act. The policy behind holding an employer accountable for injured employees is that an employer “takes” an employee as it finds them. If an employee has a pre-existing condition, they are not barred from compensation if their employment caused the aggravation of this condition.

Generally, injuries that occur “in the course of employment” are covered by workers’ compensation. For injuries suffered through the aggravation of a pre-existing condition, courts typically require that the aggravation itself is work-related. This means that the aggravating event may be traced to a definite time and cause related to the employee’s job.

Pre-existing conditions vary in their severity and type. For example, an employee may suffer from emphysema before he begins working at a rubber factory. Later, due to the workplace conditions and the presence of airborne chemicals, if this employee suffers an aggravation of his pre-existing condition (emphysema), he may have a claim for workers’ compensation from his employer’s insurance provider. In another example, an employee who underwent knee surgery for a non-work-related injury but then suffered an aggravation due to bending and lifting items at work may find that the earlier injury does not bar the recovery of benefits.

Under the Illinois Workers’ Compensation Act, an injured employee may be entitled to benefits ranging from temporary partial disability to permanent total disability, which may be appropriate when an injury results in a disability that prevents them from ever working in any type of job. Since workers’ compensation is a no-fault system, the employee does not need to show that they were not at fault for the accident or that the employer or a supervisor was at fault. In theory, this should make the process more straightforward than bringing a personal injury lawsuit, although this is not always the case.

Explore Your Options with a Workers’ Compensation Lawyer in Chicago

At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent injured workers in many industries. It is our goal to maximize the benefits that our clients receive. Our Chicago workers’ compensation attorneys can assist people in Aurora, Rockford, Champaign, Springfield, and Quincy, as well as other areas in Champaign, Kane, Sangamon, Winnebago, Cook, and Adams Counties. If you or a loved one has been hurt at work and is faced with large medical costs and lost income, we can help. Contact our office for a free consultation with a job injury attorney by using our online form or calling 312-724-5846.