Degenerative Bone or Joint Disease

Securing Benefits and Compensation For Degenerative Bone or Joint Disease through the Illinois Workers’ Compensation Act

Employees injured in the course and scope of employment have an option for legal recourse through the Illinois Workers’ Compensation Act (IWCA). Degenerative bone or joint disease typically falls into the pre-existing injury category. In some cases, work may be the initial cause of injury through repeated movements. Even if a job simply aggravates a condition, an employee still may have a compensable claim.

A medical diagnosis of degenerative bone or joint disease will be required in order to file a claim for workers’ compensation. According to Illinois law, it is necessary to show that work conditions or tasks contributed or aggravated the disease. Pre-existing conditions do not disqualify an injury as a compensable work-injury under the Illinois Workers’ Compensation Act.

There are different degenerative bone or joint diseases, including arthritis, lupus, and gout. Degenerative disc disease can affect workers as they get older, and if a work-injury accelerates the condition, this can lead to severe pain. Repetitive movement, such as lifting and squatting can cause further injury to joints. Long periods of standing at work can also lead to degenerative bone or joint disease. Assembly line work, construction, and other types of work can lead to this type of injury.

Filing a Legal Claim for Compensation Following Diagnosis of a Work-Related Disease

The damage caused by degenerative bone or joint disease cannot be reversed. This means that the progression of the disease can slow, and joints may improve in their functionality, but an employee will continue to manage their symptoms. In some cases, this may include a loss of flexibility, stiffness and pain. Employees that cannot return to their former vocation in the same capacity, or who are forced to take time away from work may qualify for disability payments provided by the IWCA.

Disability payments under the IWCA depend upon the severity of the disease. Some employees suffering degenerative bone or joint disease may be physically capable of performing their work tasks in a limited capacity, despite their symptoms and diagnosis. The IWCA holds that if an employee is injured at work, they may be eligible for weekly compensation, reasonable and necessary medical expenses, as well as disability and other benefits.

Temporary partial disability applies to those employees working light duty on a part or full time basis. If the employee earns less than they would have earned in full capacity of their job, they may be entitled to temporary partial disability benefits. This scenario may apply to employees suffering from joint or bone disease. In more severe cases, or following surgery, temporary total disability payments provide compensation for employees unable to work due to their work-related disease or injury.

Insurance companies may try to deny a claim for compensation based on degenerative bone or joint disease, despite the fact that pre-existing injuries may be covered by workers’ compensation. After receiving a medical diagnosis, the employee should retain all documentation of lab tests or imaging. These can be necessary to a successful workers’ compensation claim. If a claim is denied, a hearing can be requested. A skilled lawyer can help to ensure that your rights are protected.

Consult an Attorney to Better Understand Your Rights in Wheaton or Schaumburg

Even if your current medical condition is the result of your former employment, our office can assist you in obtaining benefits. To understand more about how your legal rights can be asserted during this challenging physical and emotional time, reach out to our skilled lawyers. We provide a free consultation and assist people throughout the communities of Wheaton, Schaumburg, Darien, Downers Grove, Lisle, Bolingbrook, Harwood Heights, Edison Park, Elmwood Park, Des Plaines, Park Ridge, Norwood Park, as well as Norridge. Call our office at 773-545-8849 or fill out our online form.