Compensation Award for Injury to Same Part of Body

Illinois law allows a worker who has a previous injury to collect worker’s compensation benefits if he or she reinjures and aggravates the pre-existing condition. The following case highlights this principle:

The employee injured his back at work. He had an injection for a disc herniation and eventually returned to work. He settled that case for 15% permanent partial disability.

Several months after the settlement he reinjured his back while moving a heavy box at work. He sustained a new disc herniation to the same level of his spine. He filed a new claim and the Workers’ Compensation Commission awarded medical and time off benefits along with an additional 20% permanent partial disability.

The employer appealed this award claiming that the employee had already received compensation and should get no more benefits. The Appellate Court held that the award and benefits were proper because the second accident aggravated the previous condition. The Court also held that the employer could not get a credit for the prior back award. The law allows the employer to have a credit for reinjuries to hands, arms, legs, feet, fingers and toes. However, there is no credit for reinjuries to the back, neck, head or internal organs.

Workers often hesitate to file a claim when they have a pre-existing condition which has been aggravated by an accident at work. This case shows that such claims are allowed in Illinois. Do not permit the company to tell you that you are unable to pursue new benefits just because you recovered benefits for the same part of your body a few years earlier. If you have any questions on the subject, please call us.