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b2ap3_thumbnail_workers-comp_20191014-234946_1.jpgPeople in all different lines of work have the right to a safe environment while performing their jobs. According to Illinois employment law, all employers are required to purchase workers’ compensation insurance for their employees. The Illinois Workers’ Compensation Commission is the government agency that handles workers’ compensation claims between employees and employers. If a worker is injured on the job, he or she is entitled to benefits for any damages as a result of the accident, such as medical bills or lost wages. However, the process of seeking compensation can be complicated if an employee aggravates a pre-existing health condition because of a workplace incident.

Types of Pre-Existing Conditions

There are many different kinds of health conditions that a person could have because of a previous accident or disease, whether it be from a car crash, a sports injury, or if it is hereditary. A medical illness or injury that someone has before he or she is injured or diagnosed with another health issue may be considered a “pre-existing condition.” Diabetes, emphysema, and cancer may be examples of pre-existing health conditions, which tend to be chronic or long-term.

A fine line exists between proving that a brand-new injury occurred and a new accident caused a previous injury to become worse. In some cases, falling or exposure to toxic substances can re-injure or re-aggravate the same body part, and therefore cause further damage. For example, an employee who had knee replacement surgery for a non-work-related injury could aggravate it by slipping and falling at work due to unsafe work conditions. Another instance may be an employee suffering from chronic obstructive pulmonary disease (COPD) who works at a factory and is exposed to airborne chemicals and then suffers a recurrence of the emphysema.

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IL injury lawyerWorkplace accidents happen even when employers and employees act responsibly and take all necessary safety measures. These accidents can cause injuries that range from head trauma to carpal tunnel syndrome to lung disease. Companies in Illinois are required to carry workers’ compensation insurance in the unfortunate event their employees get hurt on the job. If you suffer an injury while performing your occupation, you can file a workers’ compensation claim to receive benefits for medical bills or lost wages. However, it is possible your claim could be denied. If it is denied, you still have options, but they can depend on the reasons for the denial.

Reasons Why a Workers’ Comp Claim Is Denied

There are several reasons your workplace injury claim may be denied. One reason is a delay in filing the claim. It is imperative that you report your injury or illness to your employer immediately. Then you should file a workers’ compensation claim with the state (unless your employer files it). If you miss a deadline, your claim will probably be denied.

Another reason your claim might be denied is lack of evidence the injury or illness was caused by performing your job duties. Your employer may try to argue that you had a pre-existing condition or you were acting irresponsibly, etc. Gather evidence to support your claim, such as photographs of the injury or witness testimonies.

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Illinois work injury attorneyIt can be surprising to a worker when he or she is injured on the job and yet cannot get workers’ comp benefits because the employer or its insurer denies the claim. Not only can this mean you are out of work, it can also mean that you will have to pay for expensive medical treatment yourself.

Your health and livelihood are two important things, and fighting a claim denial may be your best shot at getting the help you deserve under the law. An attorney can help you as you navigate the workers’ compensation process.

Here are some common reasons an employer or insurer will use to deny your claim:

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