A Work Fall Exacerbated a Pre-Existing Injury. Can I Get Workers’ Comp?

 Posted on January 14, 2022 in Workers' Compensation

Imagine the following scenario: You are using a ladder to shelve items at work when you fall and injure your back. The painful injuries keep you out of work for several months. You file a workers’ compensation claim only to be denied by the insurance company due to a pre-existing back problem.

These types of situations can be extremely frustrating to deal with. Many employees are unaware of their rights when it comes to workers’ compensation claims. They do not realize that having a pre-existing medical problem does not disqualify a worker from receiving compensation through their employer’s workers’ compensation insurer. This is why it is always important to work with a workers’ compensation lawyer who can ensure those rights are not violated.

When a Work Injury Causes Aggravation of Pre-Existing Injuries

Falling at work can cause broken bones, back and spine injuries, traumatic brain injuries, internal organ damage, and other debilitating injuries. In addition to being extremely painful, these injuries may prevent the injured person from being able to complete work assignments for weeks, months, or even years. Some fall-related work accidents result in permanent disability.

Workers’ compensation insurance covers medical expenses and partial lost income for individuals who are hurt in a work-related fall. To qualify for compensation, the injury must occur during work hours and while the worker was completing work duties. Unfortunately, many insurers and employers try to avoid liability for work injuries by claiming that the injured person’s symptoms are caused by a pre-existing injury.

Proving That an Injury Was Caused at Work

If you or a loved one fell at work and were denied workers’ comp because you had a pre-existing injury, do not lose hope. An experienced workers’ compensation attorney may be able to help. Your lawyer may use testimony from medical experts, medical records, accident reports, and other forms of evidence to prove that your injury is related to work. You may be entitled to monetary compensation for medical treatment as well as your lost income.  

Contact a Wheaton Workers’ Compensation Lawyer

If you were hurt at work, contact DuPage County workers’ compensation attorney David W. Clark for help. Mr. Clark has over 25 years of experience fighting for the rights of injured people. He and the rest of the team at the Law Offices of David W. Clark, P.C. can guide you throughout the workers’ compensation process. We can also help you file an appeal if your claim is denied. Call our office today at 630-665-5678 for a free and confidential initial case assessment.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68