The Impact of Pre-Existing Conditions on Workers’ Compensation Claims
Workers’ compensation claims can be complex, especially when pre-existing conditions are involved. If you have previous health issues before an on-the-job injury, you need to understand how workers’ comp and pre-existing conditions impact each other.
Disclosing Pre-Existing Conditions
A “pre-existing condition” means a medical condition or injury that you already had before the workplace incident. When filing a workers’ compensation claim, it’s important to disclose any pre-existing conditions.
As a workers’ comp attorney, I can tell you pre-existing conditions are actually very common in workers’ comp. And depending on the situation, you can absolutely still get workers’ comp if you get injured at work.
Aggravation Vs. New Injury
Just because you get injured at work doesn’t mean it’s a new injury. In fact, the accident may just aggravate a pre-existing injury.
That doesn’t make it any less serious, and an aggravation doesn’t prevent you from getting workers’ comp. It just complicates your case a bit, as you’ll need to show how it aggravated the prior condition and how much.
In some cases, it actually may aggravate an injury from a pre-existing workers’ comp claim. Some people work in especially dangerous environments, and repeated injuries happen. Those, too, can qualify for workers’ comp.
Determining Liability and Amount of Compensation
While you can still get workers’ comp with a pre-existing injury, your outcome will depend on various factors. Insurance companies and courts will consider:
- the nature of the pre-existing condition
- the extent of aggravation
- and the work-related causation
- and medical testimony.
In Tennessee, where I work, medical testimony is absolutely critical for your claim, especially if you have a pre-existing condition.
Depending on your situation, the court may apportion your benefits. This just means they may base your benefits on the percentage your pre-existing disability played a role in your injury.
Choosing the Right Workers’ Comp Lawyer
If you have a pre-existing condition that might affect your workers’ comp claim, you need to make sure your attorney understands the complicated legal process involved.
Fortunately, you aren’t alone. Workers’ comp law is set up for things like pre-existing conditions, and we can help you navigate it.
Our Memphis workers’ comp lawyers understand the complexity of the law and can help you every step of the way. We use medical experts, records, and testimony to strengthen your claim. We communicate closely with you. And we don’t win anything until you do.
What’s more, we have extensive experience with complicated medical situations and disabilities. We’ve built a reputation for our compassionate team. And our SSDI attorneys can even help you get on disability if you need it.
Navigating workers’ compensation claims and pre-existing conditions requires careful consideration and expert guidance. So don’t go it alone or accept anything less than excellence.
To get started with a free consultation, contact us today at 901-327-2100 or fill out the form on this page.