Legal Question in Workers Comp in Illinois
is this a pre-existing condition
i experienced lower back pain, and burning in my leg at work while assisting a patientin feb 2005 after being given an anti-inflammatory(flexeril)and on light duty a few days i felt better. in jun 2005 while assisting patient i again experienced back and leg pain given same med from feb however this time due to having days off after this incident no light duty was needed. i returned to work 4 days later felt better. nov 2005 assisting patient felt sharp pain in lower back. went on to another patient that required being lifted with a manual device provided by facility.while turning handle to lift patient my back began to throb and my leg felt as though i were on fire. i reported this and left work. i went to a walk-in clinic in hopes of getting an xray some pain meds and something other than flexxiril. i was given the meds and advised to return in 3days if pain worsens. i returned and was referred to my present dr. mri shows disc bulge(herniated) and ive been diagnosed with degenerative disk disease(lowerbackpain) and sciatica.im still off work.work comp states its preexisting. dr states ddg is common but bulge occured at work while bent over assisting patient.my claim is pending. if denied,do i have any legal rights?
4 Answers from Attorneys
Re: is this a pre-existing condition
Sorry to hear about your injury.
So long as the doctor says your injury is work related, the WC has to pay for your medical treatment, wage loss and disability. If the carrier is playing games and is not paying what they should, you have no choice but to take the matter to the commission and have the judge order them to pay it. Do you have an attorney? If not, I suggest you get one rather quickly so that your rights are protected.
If you have any questions, or need additional guidance, feel free to contact my office. I will be happy to help you out.
Taradji Law Offices
Re: is this a pre-existing condition
From what you say, your back injury was caused by your work. The Illinois Workers Compensation Act is designed to help workers like you. If you would like to discuss this with my office, please contact me directly.
Jeff Friedman
Re: is this a pre-existing condition
Of course you have legal rights. You should retain an attorney to protect those rights. You must understand that the insurance company IS NOT interested in your best interest. You will never receive a fair evaluation without proper representation.
Please call me at 312 913 1900.
is this a preexisting condition
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