There are times when an individual is injured at work but it’s not a new injury, rather an aggravation of an old one. No matter the situation, anytime you are hurt on the job you should be covered by workers’ compensation. However, it isn’t always this easy.
There are times when a place of employment or their insurance company tries to deny an injured worker financial assistance for the medical treatment they need arguing that they had a preexisting condition and that the employer is not responsible for the injury.
The most common types of pre-existing injuries that become aggravated are back injuries. Often, an employer may claim that your injury was a result of aggravating the pre-existing condition outside of work, or that the pain is due to the previous condition you already had as opposed to an injury at work.
Sadly, many times an employee may believe the employer and not follow through with filing for workers’ compensation due to the previous condition. However, there are several items to review that can help you to know whether or not you are still eligible for medical compensation.
Insight from Georgia work accident lawyer Ben Gerber
Don’t take your employer at their word if they say your workplace injury isn’t covered.
Often, the insurance companies that handle workers’ compensation claims are quick to dismiss any claims made by injured workers who have age-related health conditions, unrelated prior injuries or even old work-related injuries. If you or a loved one are suffering from a pre-existing condition, it’s important not to take “no” for an answer just because your job aggravated an old injury or illness.
These factors are:
- If there is an accelerated need for treatment for your pre-existing condition. For example, the doctor may have stated that in the future you will need back surgery, but due to the recent work injury you need the surgery immediately.
- If there is an increased need for treatment for your pre-existing condition. For example, physical therapy may have been working for you before, but now you require immediate surgery.
- If there is a new need for treatment for your pre-existing condition. For example, the pre-existing condition did not require treatment, but aggravating it at work has resulted in more pain and discomfort that warrants treatment.
Having proper documentation and expert witnesses is very important to your work injury claim in cases involving disputes about pre-existing conditions. Proving a valid workers’ compensation claim with a pre-existing condition can be much more difficult; therefore, these are vital to the success of your case.
Also, reporting the work injury immediately to your employer is necessary.
Never take the word of your employer or their insurance company that your pre-existing condition makes you unqualified for injury benefits. Use our free lawyer directory to locate an experienced workers’ compensation attorney or legal service in your area who is knowledgeable in pre-existing work injuries to help guide you through this difficult situation.
For now, read more information regarding workers’ compensation by browsing our knowledge center.