Does a Preexisting Condition Disqualify You From Workers' Comp?

 Posted on January 21, 2025 in Personal Injury

It is rare for a person to go through life without experiencing some kind of injury. Sports, car accidents, and falls, for example, can produce injuries that have lingering effects. You might suffer periodically from back pain, muscle weakness, or headaches for months or years after an accident.

If you have a preexisting condition and are injured at work, you may wonder whether you can still receive workers’ comp benefits. While the short answer is yes, there are details you cannot overlook. Insurers may attempt to deny your claim or apportion your benefits, and your best bet for fighting back is working with an experienced Schaumburg, IL workers’ compensation lawyer.

Aggravated and Exacerbated Injuries

Your job duties can cause old injuries to worsen, and on-the-job accidents can do the same. For example, repetitive motions like typing or lifting can trigger existing carpal tunnel or back injuries and make them flare up. A fall at work may cause head and brain injuries that make the effects of a concussion due to an old sports injury reemerge. 

Although the definitions are similar, aggravated and exacerbated injuries are different when it comes to workers’ comp claims and benefits. An exacerbated injury temporarily worsens a preexisting condition, while the effects of an aggravated injury are permanent. That matters because it could mean the difference between receiving temporary or permanent disability benefits, and insurers do not want to pay either.

Understanding Apportionment of Workers’ Comp Benefits

When you accept workers’ comp benefits, you do not have to prove negligence or fault. Apportionment of your benefits uses proportional liability, meaning that a percentage of your current losses are assigned to your preexisting condition and the rest to your new injuries. The workers’ comp insurance company is only responsible for paying the portion of your benefits associated with your workplace injury.

Because their goal is to pay you as little as possible, insurers could try to manipulate apportionment to their advantage by claiming that:

• Your new injuries did not happen at work.

• Your preexisting condition is responsible for a large portion of your current condition.

• You did not sustain a new injury.

• The effects you are experiencing are only temporary, not permanent.

Disputing statements like these effectively takes skill and in-depth legal knowledge. Without a knowledgeable attorney on your side, you may not receive the full workers’ comp benefits you are entitled to.

Call a Determined DuPage County, IL Workers’ Comp Lawyer Today

When you have a workers’ comp claim, you should not be penalized unfairly because of a preexisting condition. Contact Grauer & Kriegel, LLC online or by calling 847-240-9010 now to arrange your free case review with one of our dedicated Des Plaines, IL personal injury attorneys who will advocate aggressively to get you the compensation you deserve.