Can I Claim Workers’ Compensation If I Have a Pre-Existing Injury?

If you have a pre-existing injury that becomes worse at work you may experience a lot of stress and frustration, not only from the physical pain and suffering, but also from a loss of income and the accumulation of medical bills. It is possible to file for workers’ compensation to help you get through this tough time.

Did your job aggravate your pre-existing injury?

Many people assume that because they have a pre-existing injury that they cannot file for workers’ compensation but this is not the case. If your pre-existing injury becomes worse because of something that happened at your current job, you are still entitled to pursue these benefits, if your doctor confirms that you have sustained an aggravation.

Pennsylvania requires employers to provide workers’ compensation to employees for conditions that have been aggravated by work activity. For example, if you were in the middle of carrying out your daily work tasks and your neck or back pain became worse or your carpal tunnel syndrome became aggravated during the process, it can be considered a new work injury.

If this occurs you will have to file a workers’ compensation claim, and then a Judge will evaluate your case and the medical evidence to determine if your work accident, environment, or duties caused your pre-existing injury to become worse.

Keep in mind that your employer’s insurance company will likely make the argument that your pre-existing injury had nothing to do with your current job. However, regardless of whether your pre-existing injury came from a car accident or a slip and fall accident that happened somewhere else, your current job made your pre-existing injury worse. By seeking medical treatment, you can use documentation and medical records from your physician to back up your claim and show proof that your pre-existing injury became worse due to your current workplace.

What does workers’ compensation cover in Gettysburg, PA?

In Pennsylvania, the Workers’ Compensation Act requires insurers to cover your medical bills and lost income while you are out of work. Your claim will go through an investigation which will ensure that your injury occurred at work regardless of who is at fault.

How long do I have to file for workers’ compensation for worsening of a pre-existing injury?

As with any injury, if you have aggravated a pre-existing condition at work, you should provide notice to your employer as soon as possible. If you wait more than 120 days you will be barred from pursuing a claim. It is highly recommended that you provide written notice so that you have proof that you complied with the deadline. After you report the injury to your employer, they will report it to their insurance company, which will start the workers’ compensation process.

Most common types of pre-existing conditions and injuries that can become worse or aggravated at work

There are a variety of different pre-existing conditions and injuries that have the ability to become worse or aggravated at work. Here are some of the most common that we see among our clients:

• Back and spinal cord injuries
• Herniated discs
• Arthritis
• Carpal tunnel syndrome
• Broken or fractured bones
• Knee or shoulder injuries
• Soft tissue damage
• Nerve damage
• Asthma
• Joint or muscle injuries
• Cancer

What can affect the decision of my workers’ compensation claim?

Each individual’s facts and circumstances are different when it comes to workers’ compensation. Therefore, the outcome of your workers’ compensation claim depends on your specific circumstances. Some of the factors that will likely affect the decision of your workers’ compensation claim includes:

• The severity of your injuries
• The type of injury you have
• Your medical history, which includes pre-existing injuries and conditions
• How much income you have lost from your injuries
• How much your medical bills are
• The evidence you gather

How can a Gettysburg workers’ compensation lawyer help with my case?

It is very common for workers’ compensation claims to be denied. While this may be overwhelming and disappointing, the good news is that you can appeal the denial. By hiring a Gettysburg workers’ compensation attorney from KBG Injury Law, your chances of receiving the best outcome possible will increase tremendously. Our team is not only experienced and skilled, but we know what it takes to prove our clients’ current jobs caused their pre-existing injuries to become worse. We will guide you through the entire process, ensuring that you have the proper evidence and never miss a deadline.

If your employer is arguing that your injury did not take place at work or is not work-related at all, the workers’ compensation lawyers at KBG Injury Law will prepare to build a strong case against them, showing that your pre-existing injury did become aggravated due to your work duties, work environment, or an accident that occurred at your job location.

For almost 40 years, KBG Injury Law has been protecting the rights of injured workers. Our workers’ compensation attorneys know and understand that employees need help getting back on their feet during this tough time, which is why we will help you gather evidence and develop a strong argument showing that your pre-existing injuries became aggravated due to work-related circumstances. Call our office or complete our contact form today to learn more about your legal rights. Our firm is ready and available to serve clients in York, Hanover, Lancaster, Harrisburg, and Gettysburg.