“Does Worker’s Comp Cover a Re-Injury?”
Chicago Personal Injury and Workers’ Comp Attorney Answers Your Questions on “Ask the Attorney”
Today’s question: “I knew that I might need a knee replacement in the future due to an old injury. I had a recent injury to the same knee while at work and now need the surgery sooner. Is this covered under my workers’ comp claim?”
Illinois Personal Injury Lawyer: “The employer takes the injured worker as it finds him. Whatever pre-existing injuries, medical conditions or weaknesses you bring into the employment with you, become a part of you as a “cog” in the employer’s overall machinery. It is not a defense to a Workers’ Compensation claim, that an employee had “some pre-existing weakness or condition” that rendered him more susceptible to injury.
If you’re injured at work, you’re entitled to receive benefits under the worker’s compensation law, so long as your injury was causally related to some act or phase of the employment. The employment does not have to be the sole cause of your injury; it does not even have to be the principle cause of your injury. It merely has to be “a” cause - one contributing cause - to your injury and any resulting disability that stems from your injury.
You were told you would need a total knee replacement, but from the information you’ve provided to me; it sounds like the work injury accelerated the need for that knee replacement. Prior to your work injury, you might have needed that knee replacement, say, 5 or 10 or 15 years down the road. Now, you need it immediately. Provided your doctor is willing to substantiate your claim, my feeling is that your employer is responsible to cover that surgery.”
If you have questions about an Illinois Workers Compensation case, contact a Chicago personal injury attorney if you are a resident of Illinois. Personal injury lawyers are familiar with the specific workers comp laws for our state.
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