Legal Question in Workers Comp in Illinois

Previous injury

ten yrs, ago I had 2 levels fused in my neck due to an injury at work. I was fine and pain free until I fell about 7 months ago at work. My doc. says there is a disc above the fusion that is bulging and might be the problem. On the other hand the doc. says the fall could have irritated the fusion. As I see it either way I was pain free unitl the fall. It now appeares I may not be able to perform the job I,ve been doing and may have to be retrained. Someone told me my employers carrier is going to say that since it is a preexisting condition, that im out of luck--what do you think?


Asked on 6/04/01, 10:59 am

2 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: Previous injury

You can't blame the previous injury on the current event. However, you can claim an agravation of a previous condition as injury caused by the current event. You will have to have a doctor's opinion stating that indeed there was a previous condition and that condition has been aggravated because of the current event. This type of claims are usually a bit more difficult to prove but there is a claim there. If you need more information do call me at (312) 372-4252. Good luck.

Read more
Answered on 6/26/01, 10:28 pm
Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Previous injury

You do not identify the area of Illiniois where you live or the kind of work that you were doing. But if all you say is correct, you have a claim for an aggravation of a prior condition. Some of us who do Work Comp believe it is easier to prove an aggravation of a prior condition that it is to prove an original injury. I happen to agree with that belief. However, if you got a substantial award for you first back injury ten years ago, you may have to prove a much greater loss now. I would be interested to talk with you more about your claim if you live in the Chicagoland area (Cook, DuPage, Will, or Lake Counties). Please feel free to call me at my toll free number at 1-877-CompJoe (266-7563) or visit my web site at www.CompJoe.com.

Read more
Answered on 6/27/01, 1:13 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Illinois