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Springfield workers compensation attorney pre-existing condition

If you are injured while on the job, you will usually be eligible for workers’ compensation benefits, which will cover the costs of medical treatment and provide you with repayment for the loss of income due to a temporary or permanent disability. However, if you have a pre-existing condition, you may be worried about how this will affect your eligibility for workers’ comp. In many cases, you will still be able to receive benefits, and by working with an experienced work injury attorney, you can protect your rights and make sure you receive the compensation you deserve.

Work-Related Injuries and Aggravation of Pre-Existing Conditions

Workers’ comp covers all injuries that occur during the course of a person’s employment. This includes any injuries that lead existing injuries or medical conditions to become worse. For example, a person may have experienced a back injury in a car accident several years ago, and after receiving treatment and following all medical instructions, they made a full recovery. Then, while working in a warehouse, they attempted to lift a heavy item and re-injured their back in the same location as the previous injury. Even though the injury had previously existed, it became aggravated because of the work the person was performing, making them eligible to receive workers’ compensation benefits for medical treatment for the new injury, as well as wage benefits that address any missed work while recovering.


Springfield workers compensation attorney

Work-related injuries can happen for countless reasons. Some injuries are caused during a singular work accident while other injuries occur from repetitive movements over time. Falling from a great height, being struck by falling objects, equipment-related injuries, and other workplace injuries can lead to massive medical bills and other financial harm. If you or a loved one have suffered a work injury, you may be curious about your legal rights. You may already know that you are entitled to workers’ compensation for certain work injuries, but you may not know much about bringing a claim against a third party. If your work injury was caused by the negligent or wrongful actions of a party other than your employer, you may be able to sue that party for damages.

Bringing a Personal Injury Claim for a Work Accident

In the vast majority of cases, Illinois workers cannot sue their employers for negligence. If you are hurt on the job, you may file a claim for compensation through the workers’ compensation program. Workers’ compensation benefits in Illinois are used to reimburse an injured worker for medical expenses and lost wages caused by an injury. However, the amount of compensation available through workers’ compensation insurance is often insufficient and non-economic damages like pain and suffering are not included. If someone other than your employer caused your work injury, you may be able to bring a personal injury claim against him or her in addition to your workers’ compensation claim.



Most Illinois employers are required to carry workers’ compensation insurance. The purpose of this insurance is to provide financial compensation for employees who are injured on the job. However, proving that an injury was sustained at work and successfully recovering compensation through a workers’ comp claim is often more challenging with repetitive motion injuries (RMI). The source of these injuries is often more difficult to pinpoint and some insurers and employers use this as an excuse to downplay the severity of the injuries or claim that the injury predated employment. If you have sustained a repetitive motion injury at work, you should know your rights under Illinois workers’ compensation laws.

What Are Repetitive Strain Injuries?

If a worker falls from a ladder and breaks his or her leg at work, there is little question as to how the injury occurs. However, this is not the case for injuries that occur over long periods of time. A repetitive strain injury (RSI) is one that occurs from using the same body parts over and over again. The damage may occur to a person’s nerves, tendons, muscles, or joints. RSI may be caused by:


The last thing anybody wants to have to worry about after sustaining an injury on the job is that they may be laid off. However, sometimes this does happen. It is important to understand whether or not someone who is on workers’ conversation can be laid off from their job. Understanding this dilemma requires looking at the balance between the rights of workers’ after they have been injured versus the rights of an employer.

Understanding workers’ compensation in Illinois

Nearly every employer In Illinois is required to carry workers’ compensation insurance for their employees. In this state, the workers’ compensation system is considered “no-fault.” This means that an employee who is injured while performing work within the scope of their duties is entitled to receive coverage for their medical bills and a portion of their wages, regardless of who caused their injury. In most cases, an employer or workers’ compensation insurer cannot deny this coverage to an injured worker.

Can an employer terminate me if I’m on workers’ comp?

The answer to this question can be fairly complicated, and it depends on why the termination takes place. In Illinois, we live in what is considered an “at-will” state. This means that an employer can layoff or terminate anyone for just about any reason, so long as the reason for termination does not violate state or federal law (discrimination, harassment, retaliation, etc.). Just because an employee is receiving workers’ comp benefits does not give them complete protection from being laid off for other reasons.


5 ways to prevent workplace bullying

Bullies in the workplace can make the work environment feel hostile or unsafe. Bullies can make it difficult or ultimately impossible for your employees to perform their job duties. When bullying reaches the level of harassment, workers may suffer undue stress and mental anguish on top of being unable to do their jobs. As an employer, it is your legal responsibility to prevent workplace bullying. If a bully does appear in the workplace, you must do something to intervene and resolve the issue right away.

If you've experienced a hostile or unpleasant work environment due to workplace bullying, contact our office today to schedule a free consultation with one of our attorneys.

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