Aggravation And Pre-Existing In Workers’ Comp Claims
Workers’ compensation is designed to provide benefits to employees who suffer work-related injuries, helping them cover medical expenses and lost wages. While these benefits can be an important form of relief, recognize that when a worker has a pre-existing condition the claims process often becomes more complicated.
Insurance companies may try to use an existing injury or medical condition as a reason to deny or limit benefits. To learn more about how pre-existing health concerns could impact a workers’ compensation claim, have a conversation with a Baltimore personal injury lawyer.
Examples of Pre-Existing Conditions
A pre-existing condition is any injury, illness, or medical condition that existed before a worker sustained a new injury on the job. Examples include:
- Chronic back or neck pain
- Arthritis or joint problems
- Previous fractures or surgeries
- Degenerative disc disease
- Carpal tunnel syndrome
Even though a worker may have had a pre-existing condition, it does not automatically disqualify them from receiving workers’ compensation benefits. The key question is whether the new work-related injury aggravated or worsened the existing condition.
Employment compensation law recognizes that some work-related harms can worsen an existing condition. If an on-the-job accident or repetitive work duty significantly aggravates a pre-existing injury, the worker may still be entitled to benefits. So, if a worker with mild arthritis develops severe knee pain after a workplace fall they could still be eligible for benefits.
Other examples include a construction worker with an old back injury who suffers a herniated disc while lifting heavy materials and an office worker with prior wrist issues experiencing worsening carpal tunnel syndrome due to prolonged typing. In these cases, the worker will likely still qualify for compensation, but they must prove that the workplace incident caused a substantial change in their medical condition.
Possible Challenges and Legal Support
Insurance companies could try to deny a claim, arguing that the injury was not work-related. They may claim the injury was due to natural degeneration rather than a workplace incident. Arguing that the condition was not significantly worsened by work activities is also possible.
Because of these challenges, injured workers must provide strong medical evidence to prove that the job accident made their condition worse. Because insurance adjusters may request extensive medical records to find reasons to minimize the claim, connecting with legal support early in the process is key.
Skilled Baltimore personal injury lawyers know how to demonstrate the right to recovery. Seasoned attorneys having ongoing relationships with medical experts, and connecting with these professionals could be a way to establish the severity of a workplace injury. There are other ways to push back against insurance denials, too.
What pre-existing condition were you coping with at the time of a work accident? If you have a pre-existing condition and were injured at work, you don’t have to fight the insurance company alone. Bring the details of your situation to the attention of the attorneys at Iamele & Iamele, LLP to protect your rights and secure the benefits you deserve. Contact us to book a confidential appointment.
