Is Workers’ Comp an Option When a Work Injury Worsens a Pre-Existing Injury?
If you’ve been injured at work but you have a prior injury affecting the same area, you may worry about receiving workers’ compensation benefits. You may have already had chronic back pain, arthritis, or a prior shoulder injury—but then a bad lift at work left you immobilized. However, in California, having a pre-existing injury does not automatically disqualify you from workers’ compensation. Insurers may attempt to claim that a pre-existing injury doesn’t qualify for benefits, which is why it’s important to discuss any issues with your workers’ compensation attorney.
At Moga Law Firm, we know how to help clients get the workers’ comp benefits they are entitled to. For more than 30 years, attorney Scot Thomas Moga has helped California workers secure the workers’ compensation benefits they are owed after a work-related injury. Contact our workers’ compensation law firm at 909-931-2444 to schedule a consultation now.
Can You Get Workers’ Comp for Aggravating a Pre-Existing Condition?
You can potentially get workers’ compensation after a work accident aggravates a pre-existing injury. You aren’t required to be in perfect health before a workplace accident to receive compensation. A specific accident or repetitive job duties can create a new injury or aggravate an existing one.
Consider a worker with degenerative disc disease whose condition worsens after lifting something heavy at work. Or imagine an administrative worker with carpal tunnel syndrome who experiences complete hand numbness and loss of function as a result of repetitive hand use.
The question isn’t whether the condition existed before. It’s whether work contributed to the worker’s current level of injury or disability.
A Pre-Existing Condition is Not the Same as a Non-Work Injury
Even with a workers’ compensation lawyer advocating for you, don’t be surprised if the workers’ comp insurance company tries to claim that your injury existed before your workplace accident. Prior diagnostic testing or diagnoses do not necessarily mean that the workplace incident didn’t change your current health condition. If you can compare your symptoms or other metrics, you may be able to prove that your condition worsened as a result of the workplace accident.
Your attorney may also look at functional limitations, prior treatment needs compared to current treatment needs, and evidence of new structural injuries.
Temporary Aggravation vs. Permanent Worsening
It’s possible that a workplace incident can cause a condition to flare up without leading to permanent disability. A temporary aggravation may lead to worse symptoms for a period of time before the worker returns to their previous baseline. But a permanent aggravation can leave listening impairment beyond what you experienced prior to your workplace injury.
Being able to distinguish a temporary flare-up from a permanent injury can affect medical treatment and disability benefits.
How California Apportionment Rules Affect Permanent Disability Benefits
If a workplace injury leaves you permanently disabled, the concept of apportionment may come into play. Per California’s Labor Code, apportionment is based on causation. When a physician evaluates your permanent disability, they determine what percentage of the disability was caused by the workplace injury. In a situation where we’re talking about a worsened pre-existing injury, that can have a major influence on how much you receive for permanent disability benefits. As an example, imagine 30% of your disability is a result of the most recent workplace injury, and 70% is attributed to the pre-existing condition. Your permanent disability award would be apportioned accordingly.
Medical Evidence That May Strengthen Your Claim
Medical evidence is often at the root of any successful workers’ compensation claim, which is why your workers’ compensation attorney will likely focus on gathering as much evidence as they can to prove the extent of your injury. Useful evidence may include medical records from before and after the injury, prior treatment records, medical imaging, documentation of previous work restrictions, and treating physician reports.
Explore Your Legal Options With Our California Workers’ Compensation Law Firm
If a workplace accident has aggravated a pre-existing injury, you could still be entitled to compensation. However, your workplace or their insurer could make it difficult for you. We’re here to help. Schedule a consultation with a workers’ compensation lawyer now by calling us at 909-931-2444 or filling out our online contact form.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
