Workers' Compensation and Pre-Existing Conditions

 Posted on October 24, 2022 in Workers' Compensation

Many people are under the false impression that they cannot collect workers' compensation benefits if they had a pre-existing condition before being injured at work. The good news is that this is not entirely true. If you have been injured at work, you may be entitled to workers' compensation benefits, regardless of whether you had a pre-existing condition. In fact, if you aggravated a previous injury while on the job, a qualified workers’ compensation attorney can help you get the benefits to which you are likely entitled under the law.

What is a Pre-Existing Condition?

For the purposes of this discussion on workers’ compensation, a pre-existing condition is a medical condition that you had before you were injured at work. It is important to note that a pre-existing condition does not have to be permanently disabling in order to be covered by workers' compensation. Even if your pre-existing condition was only temporary or minor, you may still be able to collect benefits if your workplace injury aggravated or worsened the condition.

How Does This Work?

Consider a scenario, for example, in which you sprained your ankle at work. You may have had a previous ankle injury that had healed before you started your current job. Your prior injury might have required physical therapy or even surgery to address. However, because of the new injury, the old injury was aggravated, and you are now unable to walk without pain. In a case like this, you would likely be eligible for workers' compensation benefits even though you had a pre-existing condition.

Of course, every case is different, and it can be difficult to prove that your workplace injury aggravated your pre-existing condition. That is why it is important to consult with an experienced workers' compensation attorney who can help you get the benefits you deserve.

An attorney can also help if your employer or insurance company is trying to deny your claim based on a pre-existing condition. Employers and insurance companies will often try to use a pre-existing condition as an excuse to deny a valid claim, but an experienced attorney can help you fight back and get the benefits you need and deserve.

Contact a California Workers’ Compensation Lawyer

If you have been injured at work, do not let your employer or insurance company convince you that you are not entitled to workers' compensation benefits because of a pre-existing condition. You may still be eligible for benefits if your workplace injury has aggravated or worsened a pre-existing condition. An experienced Gilroy workers' compensation attorney from Cramer + Martinez can help you get the benefits you need and deserve. Call 408-848-1113 for a free consultation today.

Source: 

https://www.calhr.ca.gov/Documents/workers-compensation-preview.pdf