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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 workers comp lawyerReporting a wound or ailment that occurred while either at your company or acting on their behalf is a scenario that thousands of Americans have to face every year. There are numerous ways in which an employee could be harmed on a daily basis. Workers’ compensation (workers’ comp) is a form of insurance provided to staff members who can justify an injury or illness while at the workplace or representing their organization at a different location. How do you go about filing for these benefits, and what does this process entail? Steps must be taken to meet the state-regulated requirements.

Workers’ Comp Benefits

If you were to sustain a work-related injury, workers’ compensation is an insurance-like process that would pay for your medical expenses and provide you with wage-loss benefits until you are able to return to employment. In reference to workers’ comp, here are a few key details that should be noted:

  • Employees’ earnings will not be deducted to cover workers’ comp.
  • Commonly speaking, most claims are paid for despite fault.
  • Employers are required to pay for these costs, although it is common practice for employers to purchase workers’ comp insurance.
  • Not every employee is covered by workers’ comp; some are under the jurisdiction of compensation laws administered by the U.S. Department of Labor (DOL).

Filing for Workers’ Comp

Varying from state to state, there are different courses of action that must be achieved in order to receive reparations. In Illinois, all of the following must be addressed first in order to file for workers comp:

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