How Can I Get Workers’ Comp if My Pre-Existing Condition Gets Worse?
You can receive workers’ compensation in Illinois when work makes a pre-existing condition worse. The law does not require that your job caused the condition in the first place. However, you must prove that your work contributed to the worsening of your condition.
Having an old injury or medical condition does not prevent you from receiving benefits. If you need to file a claim or your claim has been denied in 2026, our Champaign, IL workers’ compensation lawyers can help.
Does Illinois Workers’ Comp Cover Pre-Existing Conditions?
Under the Illinois Workers’ Compensation Act, 820 ILCS 305/1, workers must show that their injuries arose out of and during their employment. Illinois courts have ruled that this includes injuries that make an existing condition worse.
Employers take employees as they find them. This means you can qualify for benefits even if you already have arthritis, back problems, or an old injury. The work does not have to be the only cause or even the main cause. It has to contribute to your current condition.
However, if your condition worsened only because of aging or natural changes, workers' compensation will not cover it. You must show that your job played a role in making it worse.
What Pre-Existing Conditions Can Be Aggravated by Work?
Many health conditions can become worse because of an accident or repeated physical activity at work. Examples include:
- Degenerative disc disease worsened by lifting, bending, or repeated strain
- Arthritis that becomes painful or worse after a fall or an impact
- A prior shoulder or knee injury reinjured on the job
- Carpal tunnel syndrome aggravated by repetitive work
- A previous surgical repair that is damaged by work activities
- Asthma or respiratory conditions worsened by workplace exposure
- Heart conditions aggravated by physical exertion at work
- Mental health conditions worsened by a sudden, severe, and unexpected workplace event
For example, you could have a back condition that caused no pain before a workplace accident. If the accident causes new symptoms or makes the condition worse, you could qualify for benefits.
What Medical Evidence Do You Need for a Pre-Existing Condition Claim?
Medical records can help prove that work made your existing condition worse. Your doctor can explain how your job caused new symptoms or increased your pain.
Comparing medical records from before and after the work injury can show why you needed treatment, work restrictions, or time off. Tell your doctor what happened at work, when symptoms started, and how they changed.
A doctor's opinion is not required in every case, but it is often important when the cause is unclear. Your employer can request an examination by its chosen doctor. If the doctors disagree, your attorney can review both opinions and challenge the findings.
What Workers’ Compensation Benefits Can You Receive in Illinois?
Workers' compensation covers necessary medical treatment related to your work injury. This can include surgery, physical therapy, injections, and medication.
Temporary total disability benefits replace a portion of your wages while you are unable to work. Temporary partial disability benefits can help when you return to lighter work at reduced pay while recovering. Permanent partial disability benefits compensate you for lasting physical impairment. Permanent total disability benefits can apply when your injury leaves you permanently unable to do work that is regularly available. Vocational rehabilitation may be available when you cannot return to your prior job.
A previous workers' compensation award can also affect your benefits. In certain cases, Illinois law requires deductions for earlier compensated losses involving the same body part. However, simply having a pre-existing condition does not reduce your benefits.
What Should You Do if Workers’ Comp Denies Your Pre-Existing Condition Claim?
A denial does not end your workers’ compensation claim. You can challenge the decision through the Illinois Workers’ Compensation Commission. Review your denial letter and gather medical records showing how work worsened your condition. Continue treatment and keep records of your appointments and work restrictions.
Illinois has two important deadlines for workers’ compensation claims. You normally must notify your employer within 45 days of a workplace injury. Written notice is best because it creates a record. You must also file a claim within three years of the injury or two years after your last workers’ compensation payment, whichever is later. Different deadlines can apply in some cases. Keep in mind that notifying your employer is not the same as filing a claim.
Schedule a Free Consultation With Our Peoria, IL Workers’ Compensation Attorneys
Our firm brings over 100 years of combined experience to Illinois work injury claims. We understand how difficult it can be to obtain benefits when an insurance company blames an old injury or medical condition. Contact Kanoski Bresney at 888-826-8682 to talk to our Champaign, IL workers’ compensation lawyers today.








