Legal Question in Workers Comp in Illinois

hurt at work

4 months ago, I pushed down on a pedal to 'set' the brake on a table of metal at my workstation, to prevent the table from rolling. As I pushed the pedal with my foot, I felt sharp stabbing pains in and around my right knee. I reported it to my supervisor, and the nurse at work. I went to see a Dr.,and initially, was treated for a strain. After no improvement, he ordered x-rays and an MRI. The MRI results show meniscal tears, possibly degenerative in nature. My Dr. says he feels that the injury happened at work when I pushed the pedal to set the brake, regardless of any degeneration. The Comp. insurance carrier sent me 140 miles away for an 'independant medical evaluation', and that Dr. says it was not caused by anything having to do with my job, it's degenerative. I never had any pain or problems with the right knee, but 3 years ago, I had surgery for a meniscal tear in the left knee. Do I have any chance if I challenge the comp. insurance carrier?

thanks!


Asked on 11/28/03, 11:32 pm

3 Answers from Attorneys
Michael Mahoney Michael T. Mahoney, Ltd.

Re: hurt at work

You are entttled to receive workers compensation benefits for aggravating a pre-existing condition. The key is to obtain a medical opinion from your treating physician finding the causal connection between the work related activity and the aggravation of your pre-existing condition. You will need to hire a lawyer to pursue this claim on a contested basis.

Read more
Answered on 11/29/03, 8:45 am
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: hurt at work

Of course you have a chance. An aggravation of a pre-existing condition is compensable. However, the battle lines have been drawn. It is necessary for you to file your Work Comp claim with a lawyer. I would be happy to represent you in this matter. Please feel free to call me at my toll free number at 1-877-CompJoe (266-7563) or visit my website at www.compjoe.com.

Read more
Answered on 11/29/03, 12:17 am
Peter Soble Peter M. Soble, P.C., Attorney

Re: hurt at work

If you have the treating doctor behind you, you have an excellent chance of prevailing. File the claim.

Read more
Answered on 11/29/03, 12:34 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Illinois