Some injured employees do not pursue worker’s compensation claims as they think that pre-existing conditions are not covered. Similarly, some employers and insurers may assert that the pain of an employee is from a previous health condition and not related to the work injury. Thus, ten pain is not compensable. However, all of these are misconceptions.
The Virginia Workers’ Compensation Act allows employees to claim workers’ compensation if an on-the-job injury exacerbated their pre-existing condition. But if you are a claimant, you must demonstrate that your previous condition was aggravated because of the work injury. This makes it important to work with a skilled Injured Workers Law Firm workers’ comp lawyer.
What are Aggravated Pre-Existing Conditions?
A back injury is an example of a pre-existing condition. Let us say you suffered a slipped or herniated disc several years ago due to an accident outside of work. You were able to return to work after treatment and therapy. Sadly, you hurt your back again because of a workplace accident. Because of this, you experience serious back pain that prevents you from going to work and requires surgery.
If you are in this situation, you can seek compensation for lost wages because of the new disability and medical benefits for the treatment you need. You may be granted temporary or permanent disability benefits depending on when the impairment will last. Work-related accidents can also exacerbate pre-existing conditions such as arthritis, knee pain, shoulder injury, and foot pain.
Proving Your Pre-Existing Condition Was Aggravated by the Workplace Accident
It is first important to establish that the new injury is work-related and compensable. Thus, the injury should have taken place within your work’s scope. For instance, it should result from tasks like stocking shelving, going about daily duties, or lifting objects during work hours.
Then, you must show that the new injury caused the aggravation of your pre-existing condition. This can be established using the statement of your doctor confirming the link between the present injury and the past condition, medical records, documentation of what you could do before and what you couldn’t do now, and documentation of your new and worsened symptoms.
The insurance provider will argue against your workers’ comp claim. They may assert that your new work injury isn’t compensable or that it didn’t cause the worsened condition. A lot of claims have ended in denial due to the inability of workers to present a convincing case and sufficient evidence.
It is imperative to hire an experienced workers’ comp attorney if you have a pre-existing medical condition. Do not hide your previous condition and treatment from your attorney. Also, tell them about any personal injury claims before your current claim. A good attorney can use information about your previous condition to your advantage.
Workers’ Compensation Benefits
If the aggravation of your pre-existing condition is determined to be compensable, you will be entitled to benefits. These benefits can include the following:
- Lifetime medical benefits. These benefits let you get medical treatment for the on-the-job injury you suffered.
- Wage benefits for 500 weeks. If your doctor orders you to be off work, you may be entitled to compensation that covers the wages you lost for up to 500 weeks.
Your employer’s insurance carrier must give benefits to cover your medical bills and lost wages. In the state, wage losses are equivalent to 2/3 of your average weekly wage. If you have questions about this matter or the workers’ compensation system in general, contact a respected attorney who specializes in this type of case. The right attorney can help you secure maximum compensation settlements in your case.
