When people call me and hear my voice, they think they are talking to a young attorney. I have heard many times that I sound very young. In fact, I became a lawyer in 1997 and am in my 50’s. I don’t feel that old and writing it seems a little weird, but I digress.
If you are older like me or even much younger, you know that at some point you wake up and your neck hurts. Or maybe it is your back. Or your legs take longer to recover from a hard workout or long day on the job. That is common and natural.
For some people, this type of pain is known as arthritis. Arthritis is the experience of joint pain, stiffness or inflammation.
There is one type of arthritis that indicates that if you have it, it might be from your work activities. If it is, you likely have an workers’ compensation case if you work in Illinois.
Osteoarthritis and Illinois Workers’ Compensation Law
If you have arthritis, it is likely either rheumatoid arthritis, which is an auto-immune disorder, or osteoarthritis which is arthritis from wear and tear.
Workers tend to do the same sort of activities over and over. If you work in a warehouse, you likely do a lot of lifting. If you are a plumber or electrician, your job typically entails a ton of bending, squatting, overhead work, etc. If you type all day or work on assembly line, your hands and arms are in constant motion.
And in reality, almost every job causes some wear and tear. When those job duties contribute to you developing arthritis such as degenerative disc disease then it could be an Illinois work comp claim. That is a really big deal because if it is, you will get benefits including:
- 100% of your medical bills paid for with nothing out of pocket. No need to have or use personal medical insurance.
- Typically your own choice of doctor
- Payment for any time off work due to your injuries
- A settlement which in some cases could be in the six figures or more
How To Prove Your Arthritis Is Work Related
If someone comes to us with an arthritis related diagnosis, the first thing we want to know is what are their job duties. The second is how long have you been doing that type of work and how long with your current company.
Work comp cases are usually filed against your current employer. If you have only been with them for a month or two, it is harder to show that a wear and tear injury is work related. On the other hand, if you have been doing the same type of work at the same company for years, it is much more likely that your injuries are in fact work related.
Most people tell us something along the lines of, “I did not have an accident, so I have no idea why my back is in pain.” That is where our analysis comes in to play. What you need to prove is that your job contributed to your problem. That does not mean it was the only cause or even the biggest cause. Just that it was an aggravating factor.
When we explain this standard, workers usually understand that their job duties played some role in the pain they are experiencing. Of course the insurance company will try to point to other things like age, weight, older injuries like car accidents, etc. Do not let them deter you. You have to show your job caused, aggravated OR accelerated a problem.
Ultimately we count on doctors, usually orthopedic ones, to understand the proper Illinois work comp legal standard and to state that your job did in fact play a role. It is also a little common sense. If you have been working construction for 20 years and your back is starting to break down, of course your job duties played a role.
If you want a free case review to see if we can answer questions or help you with a case, we would love to talk to you any time. Contact us via form, phone or live chat and you will speak with an experienced Illinois work comp attorney. We will give you straight forward, honest advice. And we cover all of Illinois.
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