FedEx Drivers With Pre-Existing Conditions
When you work as a FedEx driver, your body is regularly at risk of injuries, both chronic and acute. Steering and braking such a large vehicle can take a toll on your musculoskeletal system. You come into contact on a daily basis with drivers who are not paying attention or who are otherwise doing something they should not do. What can make it worse is when you have a pre-existing condition. Sometimes the accident itself is not so bad, but the resulting work injuries are quite serious. If you are a FedEx worker whose preexisting condition was aggravated by your job, you may be able to recover benefits. Call the seasoned Chicago workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience fighting for full and fair compensation for workers.Chicago FedEx Workers with Pre-Existing Conditions
Pre-existing conditions are any injuries or medical conditions that you’ve had in the past. They can include degenerative disc disease or heart attacks. They can be the result of natural processes with your body or the result of an external force. You may receive a denial from FedEx’s insurer stating that your pre-existing condition is the reason your claim is being denied. However, you should not assume this is valid.
So long as your FedEx job exacerbated or aggravated that pre-existing condition, you may be eligible for workers’ compensation benefits. The key issue is whether work had a causal connection to worsening your condition.Recovering Benefits for an Exacerbated Pre-existing Condition
Benefits to which you may be entitled when work has aggravated your past injuries or conditions include:
- medical benefits,
- temporary total disability benefits,
- permanent total disability benefits,
- temporary partial disability benefits,
- permanent partial disability benefits,
- vocational rehabilitation.
You should go see a doctor immediately after getting injured or suffering an aggravation of your condition on the job. You should let your doctor know what happened and that it’s work-related. Not only can the doctor then submit bills directly to workers’ compensation, but you establish the link between your job and the worsening of your condition. The physician can order tests and imaging like X-rays or MRIs that can be objective evidence for your claim.
If an insurer is skeptical about your claim, you may be asked to go to an independent medical exam (IME). The insurer may have specific questions, or it may ask for a full exam. The IME doctor may be asked to examine whether the aggravation of your preexisting condition is the result of work, or whether there are other things that could have caused it, such as recreational activities off the clock. He or she is not your treating physician and is not bound by the same professional duties as a treating doctor would be; often IME doctors recommend conservative treatments and they tend to be hired because they have a history of siding with employers.
You are entitled to the report prepared by the IME doctor at least 48 hours before an arbitration to which it’s relevant. In some cases, there are ways your own attorneys can discredit negative findings within the report.Third Party Lawsuit
A workers’ compensation claim may not be the only avenue for relief. If you were injured in an accident caused by someone else other than your employer, such as a negligent driver or property owner, our lawyers have the experience to bring a personal injury lawsuit against that party.Consult a Seasoned FedEx Workers’ Compensation Claim Attorney
We represent FedEx workers whose injuries were aggravated on the job 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, and Social Security Disability Insurance (SSDI) claims. Call us at 312-263-6330 or 800-444-1525 or complete our online form.