Could My Workers’ Comp Claim Be Affected by a Prior Injury?

 Posted on April 05, 2025 in Workers' Compensation

Some states may deny a workers’ compensation claim if the injured employee had a pre-existing condition or prior injury. The state of Illinois does not automatically disqualify a workers’ compensation claim if you have a pre-existing condition, but you may find that condition becoming the focus of your claim.

Illinois state law employs the concept of aggravation of an injury when evaluating a workers’ compensation claim for those with pre-existing conditions. If a work-related accident aggravated your pre-existing condition, you are eligible for WC benefits.  You should expect to be strongly questioned about the work-related activity and whether it was actually the cause of the exacerbation of your pre-existing condition.

For example, if you have a history of arthritis and pain in your lower back and you take a fall at work, significantly increasing your back pain, you may qualify for compensation. Getting that compensation could be an uphill battle without a strong Plainfield, IL workers’ compensation attorney.  

How Does a Pre-Existing Condition Complicate the Workers’ Compensation Process?

While aggravation of a pre-existing claim is recognized, these types of workers’ compensation claims are often challenged. If your claim is denied, a workers’ compensation attorney can file an appeal on your behalf with the Illinois Workers’ Compensation Commission (IWCC). It will need to be shown that your workplace accident or repetitive motion aggravated your pre-existing condition, and you will have to have medical evidence and expert testimony to challenge unfair claim denials.

What Are Some Pre-Existing Conditions That Could Be Worsened in the Workplace?

There are many different pre-existing conditions that can be aggravated by workplace activities or a workplace accident. Some examples of these include:

• A prior back injury made worse by heavy lifting at your workplace
• A knee injury from high school aggravated by standing for hours at your workplace
• Repetitive motion tasks in the workplace that aggravate your carpal tunnel syndrome
• Asthma, aggravated by chemicals in the workplace
• A heart condition worsened by exertion in the workplace
• Arthritis that is made worse by an injury or a job requiring repetitive motions

What if My Employer Denies My Claim Because of a Pre-Existing Condition?

Under the Illinois case Thomas v. Industrial Commission, the court ruled that workers are eligible for workers’ compensation benefits if their job "aggravated, accelerated, or worsened" a pre-existing condition. Unfortunately, many employers will argue that the injury was not work-related or that it was a pre-existing condition that was unrelated to your job duties.

If your employer denies your claim due to a pre-existing condition, you should obtain medical records that document your condition both before and after the workplace injury. You will need to obtain a written statement from your doctor detailing how your work injury worsened your underlying condition, and you and your attorney may file an appeal with the Illinois Workers’ Compensation Commission.  

When a workplace accident or repetitive motion makes your underlying condition much worse, you should never settle for less than you are entitled to receive in workers’ compensation benefits. If your employer pressures you to accept a lower settlement or drop your claim, speak to an attorney immediately. Never sign a settlement agreement without first speaking to an attorney.

Depending on your situation, you may be entitled to medical expenses, temporary total disability (TTD) that pays two-thirds of your average weekly wage, permanent partial disability (PPD) if the injury results in permanent impairment, and vocational rehabilitation if you are unable to return to your previous job.

Contact a Will County, IL Workers’ Compensation Lawyer

If you have filed a workers’ compensation claim only to find it denied because of your pre-existing condition, do not wait – contact a Plainfield, IL workers’ compensation attorney from Flaherty Law, LLC. Attorney Flaherty began his career representing individuals in personal injury and property damage matters before branching out to help those with Illinois workers’ compensation issues. To schedule your free consultation, call 815-577-7500.