Injuries at work are stressful enough, but they can be even more complicated if you already had a medical condition before the accident. Understanding how pre-existing conditions are handled is important for anyone looking to make a workers’ compensation or personal injury claim. Just because you had a previous injury does not mean you lose your right to compensation. Knowing your rights and what evidence is needed can make a big difference in how your claim is handled and what kind of support you get while you heal. Our work injury attorney in Los Angeles can help with dealing with cases where pre-existing injuries may complicate your claim.
What Is Aggravation of Pre-Existing Injuries?
Aggravation of pre-existing injuries means that a workplace accident or incident didn’t cause a new health problem, but made an old injury or condition worse. This can happen in all kinds of work and can make life much tougher for someone who was already managing pain or limitations. Some common examples include:
- Someone with a back problem has to lift for their new job and an awkward movement causes severe pain and loss of mobility.
- An office worker with mild carpal tunnel syndrome starts a new project that requires far more typing, and the condition worsens so much that surgery is needed.
- An employee who recovered from a knee injury years ago slips on a wet floor at work, leaving their knee much more painful and unstable than before.
- A worker with old shoulder troubles is assigned a repetitive overhead task, making their previous injury flare up and require new medical care.
Even if an injury existed before, if your work makes it worse, you may still have a strong claim for compensation.
How Pre-Existing Injuries Affect Workers’ Compensation Claims
When you bring a workers’ compensation claim in Los Angeles with a history of pre-existing injuries, there are challenges that don’t exist in other types of cases. Here’s how these pre-existing issues can affect your claim:
Proving Your Injuries Have Been Made Worse
You’ll have to show that your job made your pre-existing condition worse, not just that you have an old injury. Medical records, new symptoms, or testimony from doctors are important to prove that your workplace accident or duties aggravated your previous problem.
Partial Disability and Apportionment
Workers’ comp may only cover the part of your injury that got worse because of work. This means payments might be divided up or reduced to reflect what was already wrong and what was new.
Scrutiny and Denials From Insurance Companies
Insurance companies are pretty much always looking for ways to deny claims or reduce payouts, and one thing they look at is whether you suffered from pre-existing conditions. They will likely try to argue that all your current pain is from an old injury and ask for extra proof before paying out.
Getting workers’ compensation for an aggravated pre-existing injury is possible, but it’s harder to navigate and often takes strong documentation and support from your attorney.
What to Do if You Have a Pre-Existing Injury and Are Injured at Work
If you have a pre-existing injury and something at work makes it worse, it’s important to take the right steps to protect your health and your claim.
- Tell Your Employer: Report your new injury and let your employer know right away that it aggravated an old problem.
- Get Medical Care: See a doctor as soon as possible and explain both your past injury and how your work made it worse. Clear medical records make your claim stronger.
- Document Changes: Write down when your symptoms changed, how they got worse, and what job tasks brought on the problem. Save any paperwork from medical visits or your employer.
- File a Workers’ Compensation Claim: Fill out the necessary workers’ comp forms, mentioning your previous injury and the workplace event that caused the aggravation.
- Talk to an Attorney: A lawyer can explain your rights and help handle tough questions from insurance or your employer when your history complicates your claim.
If you need help with a work injury, contact us today to schedule a free consultation with our injury attorneys in Grey Law.