How Preexisting Injuries Affect Workers' Compensation

How Preexisting Injuries Affect Workers' Compensation

Even if you have preexisting conditions, it does not mean that you are ineligible for workers’ compensation benefits. Employers are required to take a worker “as they are” and not discriminate between a healthy employee and one who is vulnerable to injuries. Any work-related injuries, whether they are old or new, may be eligible for workers’ comp benefits. You can find out if your condition qualifies by calling Ufkes & Bright today for a free consultation.

Under the law, Workers’ Compensation is available to workers who:

  • Suffered new injuries from a work-related incident
  • Suffered an aggravation of a preexisting injury from a work-related accident

Defining “Aggravation” of a Prior Condition

Preexisting injuries can be complicated and difficult to separate from new injuries. So what is considered an “aggravation” of a preexisting condition that may qualify you for workers’ compensation?

Aggravation is defined as:

  • Increase in disability (temporary or permanent)
  • Need for new medical treatment or change in current treatment

How to Prove a Claim with Preexisting Injuries

The most important evidence in your claim will be your medical records and statements from medical professionals. Immediately after an accident or injury, you should see a doctor and receive a thorough evaluation. You may need to submit extensive medical records and medical testimony from experts detailing your medical history and nature of injuries.

Don’t Forget to Disclose Your Previous Injuries to Your Doctor & Attorney

It is essential that you tell your attorney and your doctor about your prior injuries. Your doctor will be able to provide more thorough medical care and help you better understand the nature and extent of your injuries. Your attorney will also be able to provide more accurate representation when dealing with insurance claims and negotiating with insurers. If you fail to disclose your past injuries, insurers will likely use this against you and deny or undervalue your claim.

For help filing accurate and effective injury claims, turn to our Santa Ana workers’ compensation lawyers at Ufkes & Bright. We have decades of experience helping injured workers recover the benefits they need, including for preexisting conditions.

Request your free consultation today by calling our office or sending us a message.

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