How Are Pre-Existing Conditions Handled in Workers’ Compensation?

You may have already struggled with an underlying health condition, but were able to reasonably manage and power through it in your day-to-day activities and even in the workplace. But if you sadly get injured on the job, this illness or injury may get aggravated or worsen. You may now require workers’ compensation benefits, but fear your recorded health issues will get in the way. If so, please continue reading to learn how to secure benefits with a known pre-existing health condition and how one of the experienced Illinois workers’ compensation injury coverage lawyers at The Law Firm of Kevin A. Moore can help strengthen the acceptability of your claim. 

How do insurance companies use pre-existing conditions when handling workers’ compensation claims?

Unfortunately, insurance companies are notorious for adopting tactics to minimize or reject workers’ compensation claims submitted by eligible employees. Therefore, your documented pre-existing health condition may be an easy excuse for your employer’s insurance carrier to pull from. Specifically, they may argue that your symptoms can be attributed solely to your prior condition rather than your claimed workplace injury. Further, they may claim that your symptoms recurred without any cause from the workplace.

How can I still get workers’ compensation benefits if I have a known pre-existing health condition?

You should understand that Illinois observes something known as the “eggshell skull rule,” which essentially states that employers must take employees as they find them. In other words, they must offer employees workers’ compensation benefits for work-related injuries even if they had a documented, pre-existing condition that made them more vulnerable. For example, if you have admitted to having a bad back, then slip and fall at work, you should still receive coverage if your physical pain is more severe or limiting. 

Here, your responsibility is to establish your medical records before and after your reported workplace accident event. After your accident or noticeable shift in discomfort, you should schedule a full physical examination with the physician who has diagnosed and treated you since the beginning. Further, they may produce test results and testify on your behalf regarding how your accident event or day-to-day job duties contributed to a measurable worsening of your condition. 

From here, your next challenge may be fighting against an insurance carrier’s attempt to reduce your workers’ compensation benefits because part of your workplace injury is attributed to your prior condition. This is another insurance tactic commonly referred to as apportionment. To conclude, if you require assistance with getting your claim off the ground, so to speak, please do not hesitate to reach out to one of the skilled Illinois workers’ compensation injury coverage lawyers from The Law Firm of Kevin A. Moore. It would be our honor to work with you.