Legal Question in Workers Comp in Illinois
Degenerative Disc Disease
My father-in-law has been diagnosed with degenerative disc disorder. According to doctors, he is not a good candidate for surgery. He has qualified for SSDI. The doctors have told him that this disease is normally (but not always) genetic, but he has no prior family history. For 30 years he worked in a warehouse doing repetitive heavy lifting. He feels as though this is what caused his disability. Would he be wasting his time and money by hiring an attorney to pursue this as a workers' compensation inury? His physician's prognosis is that he will be in a wheelchair within the next 5 years, and completly incontinent as well. They have also told him to expect to become impotent.
He has never suffered any major spinal trauma, but was told that this could have been caused by repetitive lifting. Any information on this would help. This man has been the backbone of his family for years, and now is learning he will soon lose the ability to walk.
3 Answers from Attorneys
Re: Degenerative Disc Disease
You would always be better off consulting with an attorney. WC lawyers will charge a maximum of 20% for most cases and sometimes as low as $100 for some cases. Please consult with an attorney so records can be reviewed and your question so far as whether the injuries are work related be answered.
good luck
Nima Taradji
Re: Degenerative Disc Disease
First of all, workers' comepnsation attorneys generally charge "contingency fees," as set by statute, meaning that if there is no recovery there is no attorney fee. Your father's case may very likely turn on the medical testimony of those doctors who provide him care. A review of the medical records would be a starting point to evaluate the strength of the case. Please consult with a workers compensation attorney for assistance.
Re: Degenerative Disc Disease
You don't say how old your father in law may be or exactly what kind of repetitive lifting he may do. Both of those facts would be important to a complete analysis of whether he has a viable workers' compensation claim. The short answer to your question is that "in theory" there can be repetitive trauma injury simply from repetitive lifting. However to prove a case any lawyer would have to first review what the work activities have been, the length of time doing these activities, and the strength of the opinions that are being given to you by doctors. You would not be wasting your time to talk to a lawyer about this case. If any lawyer was willing to commit to the case, you would not be wasting your time to have him pursue it. I would be willing to discuss your father in laws case more fully if you would want to call me if you are in the Chicagoland area. My toll free number is 1-877-266-7563. Good luck.
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