Posted On: March 27, 2009 by Steven J. Malman

Injured Worker To Receive Workers’ Compensation Benefits for Patella Fracture Even with Preexisting Arthritis

A state workers’ compensation commission has upheld that an injured worker should receive benefits for a fractured patella even though the plaintiff had preexisting arthritis in the knee area prior to sustaining the work injury. The employer, Adecco Inc., had sought to overturn a magistrate’s decision to grant workers’ compensation benefits after determining that events at work is what caused the plaintiff’s inability to work when she fell, hurt her knee, and broke her patella.

During testimony, the surgeon for the plaintiff explained how the broken patella is the reason the plaintiff has a work disability and that the work injury has even caused the overall condition of her knee to deteriorate. The commission found that there was enough evidence to agree with the magistrate’s findings.

Preexisting Conditions that Can Lead to Workers’ Compensation Disputes
If you or someone you love was injured in an Illinois work accident, you are very likely entitled to workers’ compensation benefits. In certain cases, however, a dispute may arise between you and your employer or his or her insurer that could cause the delay or denial of your work injury benefits.

For example, you may have a preexisting condition that the insurance company may suggest was the actual cause of your work injuries, giving that as a reason for why you shouldn’t receive benefits. However, if your previous injury or work condition was aggravated by your work accident, your employer is legally obligated to compensate you as if you were injured on the job.

In Illinois, the Illinois Workers’ Compensation Commission is the agency responsible for presiding over workers’ compensation disputes between employers and employees. If the commission issues a ruling on your behalf and your employer’s insurer refuses to comply, you should talk to the Division of Insurance.

The best way to make sure that your rights are upheld and that your workers’ compensation case is properly argued is to speak with an experienced Chicago workers’ compensation attorney.

Benefits awarded for patella fracture despite preexisting arthritis, Risk & Insurance, January 22, 2209

Related Web Resource:
Illinois Workers" Compensation Act

Workers' Compensation Overview, Justia

Contact the Law Offices of Steven J Malman & Associates, PC today.

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