Pre-existing conditions and Workers’ Comp: All you need to know

If you’ve been injured at work, you’re probably going through a very difficult time at the moment. Dealing with the injuries, the inability to work, and the stress these incidents entail can be very challenging, but at least you can count on workers’ compensation benefits to keep you afloat while you recover. However, if you have a pre-existing condition, your workers’ compensation claim could become quite complex.

Insurance companies will seize every opportunity they have to save themselves some money, and if your work injury aggravated a previous condition, they may try to deny you the benefits you need on the grounds that your injury was unrelated to your work. If you want to prevent them from getting away with it, the most effective solution is to work with a workers’ compensation law firm near you, to help you defend your rights as a worker, and C&B Law Group can be a fantastic option.

C&B Law Group is a Los Angeles workers’ compensation law firm with years of experience dealing with all types of workers’ compensation cases. They have a remarkable track record of success, which demonstrates their commitment and dedication to getting their clients the maximum compensation possible for their cases. If you would like to learn more about them, visit their website and contact them for a free consultation.

What is a preexisting condition?

Simply put, a pre-existing condition is a medical complication that existed before you were injured on the job. It may or may not be related to the part of your body that you were injured. Some of the more common pre-existing conditions include the following:

  •   Herniated disks
  •   Fractures
  •   Torn ligaments
  •   Lower body injuries
  •   Upper body injuries
  •   Sprains and strains to legs or arms
  •   Depression
  •   Anxiety

How will your case be affected?

Chances are your pre-existing condition will significantly affect your workers’ compensation claim, but the impact will depend on whether the injury occurred on the same body part as the pre-existing condition.

If your injury did not occur on the same part of the body where you have a pre-existing condition, your case should not be affected in any way and you should obtain adequate compensation for your injury. However, in some cases, the combination of your injury and your pre-existing condition may leave you unable to work. In these cases, pursuing disability benefits is often the best option.

On the other hand, if your injury occurs in the same body part where you have a previous condition, the issue becomes more complicated. In these cases, it will depend on whether the injury “aggravated” or “exacerbated” your condition. Both words may seem interchangeable, but in California legal jargon they are very different. Your previous condition is considered “exacerbated” if your symptoms worsened or if you had a flare-up at work. This means that the injury is NOT new, so it will be difficult to get compensation.

In contrast, if your previous condition was “aggravated” by a work activity, this is considered a new injury. According to California law, an “aggravation” occurs if the worker’s condition worsens or requires temporary or permanent changes in the employee’s treatment due to a work-related activity.

Therefore, your goal should be to prove that your condition was aggravated at work. If you succeed, the law states that you deserve to be compensated.

What can you do to get compensation?

Following a workplace injury, if you have a pre-existing condition, be assured that your employer and their insurance company will do everything possible to use that as an excuse to deny you the benefits you need.

The best course of action in these cases is to work with a workers’ compensation attorney near you, a legal professional with the knowledge and experience necessary to protect your rights at all times.

If you are looking for a Los Angeles workers’ compensation attorney, C&B Law Group is a great first choice. You can contact them anytime and their team of attorneys will answer any questions you may have. Initial consultations are free, so you have nothing to lose!

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