What Happens if a Work Accident Aggravates a Pre-Existing Injury?

When you are involved in an accident at work, you may be devastated to find that it has worsened a pre-existing injury. Unfortunately, not only can this cause you immense pain and discomfort, but you may find additional challenges when pursuing a workers’ compensation claim for the damages you’ve suffered. As such, if you are injured and wish to file a claim, it’s in your best interest to connect with an Illinois workers’ compensation attorney to help guide you through these matters.

What Is a Pre-Existing Injury?

As the name suggests, a pre-existing injury is any injury you sustained or were actively managing at the time another accident occurs. While any injury can constitute a pre-existing injury, the following are among some of the most common that can result in complications:

• Torn ligaments
• Traumatic brain injuries
• Sprains and strains
• Neck and spinal cord injuries
• Slipped discs

You should also note that certain conditions, like arthritis, diabetes, and heart conditions, can be considered pre-existing injuries.

For example, years prior, you may have torn your ACL while doing yardwork, ultimately requiring surgery and physical therapy. However, the surgery, while successful in repairing the tear, may not return the ligament to its original state, and you continue to experience slight discomfort. As such, if you slip and fall while on the job, you may sustain further damage to your knee.

Can I Still File a Workers’ Compensation Claim?

If you are injured on the job and a pre-existing condition is worsened as a result, you are generally able to file for compensation under workers’ compensation law. This is a no-fault system that allows any worker who has sustained an injury while performing their job duties to recover funds to assist them through these times. Generally, this includes compensation for medical bills as well as a portion of your lost wages based on the severity of your injuries and how long it keeps you out of work.

Unfortunately, fighting for compensation in these matters can be incredibly difficult, as your employer or their insurer may dispute the impact the work accident has had on your injury, as they may claim that the pain you’re experiencing is the result of a pre-existing injury and not the incident you endured at work. Generally, one of the most important considerations you’ll need to make during this process is your medical records. This can help establish that the injury existed prior to the injury and the ways in which the accident at work exacerbated the injury. Ensuring you keep reports and records can help show that you’ve sought the medical care you need, as well as the ways in which the accident has worsened your injury.

As you can see, navigating a workers’ compensation claim when you are suffering from a pre-existing injury is incredibly complicated. That is why it’s imperative to connect with an experienced attorney to assist you during these difficult times. At the Law Firm of Kevin A. Moore, we understand how difficult it can be to fight for the compensation you deserve. Contact us today to learn how we can fight for you.