The Fall
The client was 61 years old. She worked as a packer on a food-production line in Chicago, Illinois.
In February 2023 she fell at work and injured her left knee. At first it was treated as a simple contusion or sprain — modified-duty restrictions, a cane, physical therapy, and medication. But the pain did not go away.
A Serious Injury — and the “Pre-Existing” Defense
An MRI told a different story: a medial meniscus tear with posterior root involvement, a medial collateral ligament sprain, a small effusion, and bursitis — on a knee that already had degenerative change. The fall didn’t just hurt; it aggravated and accelerated the damage, with an acute injury layered over the pre-existing wear.
That is exactly where these cases are won or lost. When a knee already shows arthritis, the insurer’s favorite move is to say “this isn’t work-related, it’s just age.” That argument, left unchallenged, slashes what an injured worker recovers.
Over time the record documented post-traumatic osteoarthritis of the left knee and the need for surgery. In November 2023 she underwent arthroscopic surgery — partial medial and lateral meniscectomy, debridement of chondromalacia, microfracture, and removal of loose bodies. A later functional evaluation placed her abilities below the physical demands of her job.
Turning Strategy Into Justice
When the client came to our office, our legal team immediately took control of the case.
We gathered every image and medical report and built the causation case: the workplace fall aggravated the knee and made surgery necessary. We did not let the injury be written off as “old.”
Jack Epstein, with 30 years of experience in the Illinois legal market, oversaw the strategy. We pressed for the permanent damage to her knee and for the outstanding medical bills. Throughout, the client paid nothing until we won the case.
A Settlement, Broken Down
The client secured a global settlement of $84,334 — $69,334 for the permanent partial disability of her knee and $15,000 toward outstanding medical bills.
Why This Case Matters
“It was already there” is the insurer’s go-to defense against joint injuries in older workers. But a fall on the job that aggravates a knee and forces surgery is compensable — and the medical record can prove it.
If your work injury has been blamed on a “pre-existing condition,” our Illinois legal team can help you recover what you rightfully deserve.
