Some states may deny a workers’ compensation claim if the injured employee had a pre-existing condition or prior injury. The state of Illinois does not automatically disqualify a workers’ compensation claim if you have a pre-existing condition, but you may find that condition becoming the focus of your claim.
Illinois state law employs the concept of aggravation of an injury when evaluating a workers’ compensation claim for those with pre-existing conditions. If a work-related accident aggravated your pre-existing condition, you are eligible for WC benefits. You should expect to be strongly questioned about the work-related activity and whether it was actually the cause of the exacerbation of your pre-existing condition.
For example, if you have a history of arthritis and pain in your lower back and you take a fall at work, significantly increasing your back pain, you may qualify for compensation. Getting that compensation could be an uphill battle without a strong Plainfield, IL workers’ compensation attorney.