What if My Job Aggravates a Pre-Existing Condition?

 Posted on December 24, 2024 in Denied Claims and Appeals

A lot of workers, especially in industries that are physically demanding, have pre-existing injuries or health conditions that could be exacerbated by their current jobs. The pre-existing condition might be related to your career. For example, if you have always done factory work, you may have developed some hearing loss throughout your career. This hearing loss is likely to get worse when you continue working around heavy machinery. Or, you might have a condition that is completely unrelated to your job, like an old sports injury. If a health condition you had before you started your current job has been made worse by the work you do, you may be able to claim workers’ compensation benefits. These benefits may be especially important if your condition ever worsens to the point where you cannot work anymore. An experienced Gilroy, CA workers’ compensation attorney should help with your claim.

Proving the Connection Between Your Work and Your Worsening Condition

Workers’ compensation claims involving the exacerbation of a pre-existing condition can be exceptionally complicated. You will need to be able to prove that although your condition existed before, your work is what caused it to worsen. In some cases, there is an obvious connection. If you had back problems before you started working in your current position, and you are required to do a lot of heavy lifting, it should be quite clear that your back problems got worse due to the lifting. Or, you may have had an accident at work that clearly caused your condition to worsen. If you have pre-existing back problems and then experience a slip-and-fall at work and injure your back further, the connection between your job and your worsening injury should be plain to see.

In other cases, it is less clear-cut. For example, say you have asthma, and you are a contractor. You believe that your asthma was made worse due to exposure to mold in a client’s home while you were carrying out renovations. Your employer might say that he is unaware of any hazmat exposure, that you could have been exposed to mold anywhere, or that your asthma might have gotten worse for another reason. Having an experienced attorney to fight for you can make all the difference when it comes to proving that your work directly caused your condition to worsen.

Contact a Gilroy, CA Workers’ Compensation Lawyer 

Cramer + Martinez is committed to helping workers with pre-existing conditions get the compensation they deserve when working worsens their conditions. Our experienced Santa Clara County, CA workers’ compensation attorneys will do all we can to get you the compensation you deserve. Contact us at 408-848-1113 for a complimentary consultation.