Aggravation of Preexisting Conditions for Staffing Companies
As a temporary worker placed by a staffing agency, you may not realize that the staffing agency, not the company where you perform work, is your employer for purposes of work-related injuries. You may be especially concerned if you had an injury or illness prior to getting placed. You may not know with which company you should file your claim. You may, rightfully, fear that an insurer will deny your claim once it looks at your medical records and sees past health conditions. It is important to be aware that a work-related aggravation of your preexisting condition is covered by workers’ compensation law. Call the experienced Chicago staffing worker lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to represent you in your workers’ compensation claim. We seek the best available outcomes in clients’ cases and will examine the circumstances of their accidents to decide whether it is wise to pursue relief through a personal injury lawsuit or SSDI claim, as well.Aggravation of Preexisting Condition
There are many different kinds of medical conditions that can be construed as pre-existing conditions. You may have been issued an improper denial of your claim if your employer’s insurer specified that it was denying your claim because you have a pre-existing condition. You may not realize that you are entitled to benefits under the Illinois Workers’ Compensation Act so long as your preexisting condition was aggravated by your job.
Any injury that occurs in the course of employment is covered by the Act; you are entitled to benefits from the staffing agency that placed you if the aggravated injury can be traced to a date and event related to your work. For example, you may have a claim for benefits if you have a herniated disc, but lifting heavy boxes over the holidays as a temporary worker in a warehouse is what resulted in a ruptured disc. For another example, if you are a temp who had seen your doctor for wrist pain, but then wind up with tendinitis because you have to repeatedly type and text for your job, you may be entitled to workers’ compensation benefits.
The workers’ compensation is a no-fault system, you do not need to show that your employer or a supervisor was at fault for the work-related accident. The staffing company cannot show that you were to blame for the accident in order to get your benefits reduced. In theory, this should make the process more straightforward than bringing a personal injury lawsuit, although this is not always the case. Sometimes claims are more complicated when an employee has a preexisting condition because it is hard to show the relationship between the condition to work; this makes it crucial to consult an experienced attorney.Benefits
Benefits to which you may be entitled based on aggravation of your preexisting condition include medical benefits, temporary total disability benefits, temporary partial disability benefits, permanent total disability benefits, and permanent partial disability benefits. Medical benefits include payment for reasonable and necessary medical care. For instance, if you need a spine surgery as the result of a ruptured disk as a temporary worker, you may be able to obtain surgery so long as it is a reasonable and necessary form of medical care. You may be entitled to disability benefits if you cannot work; the amount will depend on the severity and nature of your work injuries and to what extent the aggravation has resulted in your inability to work.Hire a Chicago Law Firm for Staffing Agency Employees
There are many different ways a preexisting condition could be aggravated as the result of work. As a temporary worker, you may face a particularly complicated and trying fight when trying to get benefits. Our attorneys handle workers’ compensation claims arising out of staffing agency employees’ injuries in Champaign, Rockford, Quincy, and Aurora, as well as Sangamon, Winnebago, Kane, Cook, and Adams Counties. We handle third party lawsuits and Social Security Disability Insurance (SSDI) claims. Call us at 800-444-1525 or 312-263-6330 or complete our online form.