Aggravation of Preexisting Condition
Construction work often entails wear and tear on the body. However, if you are a construction worker with prior injuries or a preexisting condition that flares up at your present-day job, you may be unsure of what your recourse is. Sometimes insurers unfairly deny workers benefits, citing their preexisting conditions, whether that’s a chronic illness, heart disease, or a spinal disc herniation. You should be attentive to this possibility. You may be entitled to benefits you didn’t receive, or you may suspect your claim will be denied because you have a history of medical trouble. If you are a construction worker who has a preexisting condition exacerbated by the job, you should give the seasoned Chicago attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca a call. We have more than 60 years of experience advocating for best results for construction workers and workers in other industries, as well.Aggravation of Preexisting Conditions
If your preexisting condition is aggravated by your work in Chicago, you have rights under the Illinois Workers’ Compensation Act. While our Chicago attorneys do need to be able to show your injuries are work-related, your prior existing condition alone is not sufficient grounds for a valid denial by your employer’s insurer. Rather, if your preexisting condition is exacerbated by work tasks, you should be able to have your medical bills and any other losses from the work-related injury covered by workers’ compensation.
Workers’ compensation is a no-fault system, which means you won’t need to prove your employer is at fault for the aggravation of the condition. For example, if you need to lift heavy loads as part of your job, and your herniated disc, sustained over years of lifting on other jobs, turns into a ruptured disc as a result of the repetitive lifting, your ruptured disk should still be covered by workers’ compensation benefits.
The Illinois Workers’ Compensation law requires construction companies to procure workers’ compensation insurance and pay premiums to get this coverage. The insurance company is responsible for paying benefits that cover part of the losses associated with workplace accidents. Under this law, you can pick your own physicians and have your employer pay all your medical bills so long as your preexisting condition was aggravated by work. These benefits are not reduced because of your prior condition.Workers’ Compensation Benefits
If you receive a denial that suggests you were not fully compensated because some portion of the injury happened somewhere other than the job, you should call our lawyers to discuss your claim. For instance, if you suffered tendonitis because of an early industrial accident, and then years later, it flares up and requires surgery because you are a framer who lifts heavy loads of wood as part of your job, you are entitled to benefits from your current employer’s insurer. For another example, if you excavate for your job and this requires repetitive digging motions that tax your rotator cuff, but you also suffered an injury while playing baseball when years ago so your shoulder was sensitive, you should still be able to obtain benefits for the aggravation of the earlier rotator cuff injury.
Among the benefits you should receive are disability benefits, which are a form of wage replacement. You are entitled to be paid weekly benefits if you can’t work because of the workplace injury; when your temporary disability is total, these are paid at a rate of 2/3 of your average weekly wage.Call Seasoned Construction Work Accident Lawyers
We handle construction workers’ claims involving aggravation of preexisting conditions in Aurora, Champaign, Rockford, Quincy, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. Our Chicago attorneys also handle third party lawsuits, such as those that may need to be brought against a manufacturer when, for instance, a defective product aggravates a preexisting condition, and Social Security Disability Insurance (SSDI) claims when there are questions about whether the claim is work-related and in other complex circumstances, too. Call us at 312-263-6330 or 800-444-1525 or complete our online form.