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Is My Pre-Existing Condition Covered by Workers’ Compensation?

Is My Pre-Existing Condition Covered by Workers’ Compensation?


You can receive benefits from an aggravation of your pre-existing condition arising out of your employment. While it is important to consult an experienced Illinois workers’ compensation lawyer, you should not discount the possibility of receiving compensation just because you have a preexisting condition.

What If My Job Made My Pre-Existing Condition Worse?

If an injury or condition that you sustained in the past is made worse while performing your job, you are likely eligible to receive workers’ compensation benefits. Even if the condition would have required treatment in the future, you can receive benefits if the need for treatment is accelerated.

Will a Pre-Existing Condition Affect the Amount of My Benefits?

Your temporary total disability (time that you are paid while you are unable to work) is the same whether your injury is a new injury or an aggravation of a previous condition.

The amount of your settlement or the value of your case at trial may be affected if your employer can show that part of your permanent injuries are due to a pre-existing condition. Your employer may also attempt to argue that the aggravation of your pre-existing condition was only temporary rather than permanent. An experienced workers’ compensation attorney will be able to assist you in showing that the aggravation is permanent.

What if I Aggravate an Injury From a Past Workers’ Compensation Claim?

If you have aggravated an injury from a prior Illinois workers’ compensation claim, your employer will still be required to cover your medical bills and, if necessary, provide temporary total disability benefits. If you have suffered a work-related injury to the same body part on multiple occasions, your employer may receive a credit for past workers’ compensation payments, which could affect your settlement amount. To understand exactly what this means for your legal situation, it is imperative to discuss the particulars of your case with an experienced lawyer.

Rubens Kress and Mulholland — Illinois Workers’ Compensation Lawyers You Can Trust

Contact Rubens Kress and Mulholland to speak with a capable Illinois workers’ compensation lawyer. A Chicago law firm concentrating in workers’ compensation claims, Rubens Kress and Mulholland boasts a track record of success and charges no fee unless you collect. To learn more about your options, contact Rubens Kress and Mulholland online, at (312) 201-9640, or toll-free at (866) 890-9640.

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