Compensation Awarded for Second Injury to Same Part of Body

Illinois law is very favorable to workers who have an injury which aggravates a pre-existing condition. A representative case highlights this principle.

The employee injured his back at work. He then had chemonucleolysis for a disk herniation. He settled that case for 15% total disability.

Some months after the settlement, while moving a heavy box at work, he reinjured his back, sustained a new disk herniation at the same level of his spine. After a new claim was filed for the later injury, the Workers’ Compensation Commission awarded an additional 20% disability.

When the employer challenged this, the Appellate Court held that a second award could be entered because the earlier condition had became stable and then was aggravated. The Court also held that because of the language of the Workers’ Compensation Act, the employer could not get credit toward the second injury award for the amount paid because of the earlier injury. In this sense, a back injury is different from one to a hand or leg. Suppose an employee injures his right thumb and he settles with the employer who pays the equivalent of 10% permanent disability of the thumb. Thereafter, he re-injuries his right thumb at work. The employee can only recovery more than 10% if he can show that he has more disability than 10% of the right thumb for which he settled with the employer in the earlier accident.

Frequently, workers hesitate to file a claim when they have a pre-existing condition which is aggravated by an accident at work. This case reiterates that such claims are allowable.

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