A pre-existing injury does not end an Illinois work comp claim

I?ve noticed a big uptick in insurance companies denying what are clearly work related injuries.? Their defense is that the problem is pre-existing and that the work injury was nothing more than a temporary aggravation.? As you can probably guess, nine times out of ten the insurance company is full of it.? But don?t sweat that fact.? Insurance companies make money by limiting what they pay out.
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It used to be that they?d try to deny a claim if you had any previous treatment.? I once got a call from a pipefitter in Chicago with a back injury.? 20 years prior he?d been in a car accident where he underwent physical therapy for six weeks.? He hadn?t seen a doctor for a back problem until he had an injury from lifting at work.? The insurance company tried to cut him off and of course their denial of benefits went nowhere once we hooked him up with an attorney that had handled similar cases hundreds of times before.
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Now the insurance companies are more selective, but they are still denying cases when there is any evidence of treatment within a year of the accident.
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The reality of the law is not really on their side though.? It?s on the side of injured workers.? If you injured your knee on the job in June of 2013 and had seen an orthopedic doctor as recently as March of 2013 (hypothetically), you can bet they will fight your case.? But the reality is that you weren?t under active treatment at the time of your work injury.? So if you have extensive problems with your knee all of the sudden, you should win.
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Even if you were getting care, if the job accident made things noticeably worse, you should win.
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The bottom line is that you do need to be ready for a fight.? Before you hire an attorney, verify how many cases they?ve taken to trial in the last year.? Fair or not, you are probably headed that way.? Some lawyers don?t like to try cases and will blow things off.? If that happens, you will suffer.? So make sure they are really in your corner and will fight for you before you hire them.

We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.?Contact us?and we will answer your questions or find the right lawyer for your situation.

06/16/13

Source: http://www.illinoisworkerscomplaw.com/2013/06/articles/tips-if-injured/a-preexisting-injury-does-not-end-an-illinois-work-comp-claim/

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