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Can You Still Get Workers’ Compensation Benefits If You Have A Pre-existing Injury?

If you have been in a workplace accident, which worsens your existing condition, you may still get workers’ compensation benefits for the resulting injuries. But a pre-existing condition or injury significantly complicates your claim. In this case, you need the help of a workers’ comp attorney to make sure you get the benefits you are entitled to. You should visit an attorney’s website to get important information such as their success rates, the types of cases they handle, and others. 

Workers’ Compensation and Pre-Existing Injuries

In Virginia, a pre-existing condition or injury doesn’t preclude you from getting benefits for work-related injuries. Your employers are obliged to take you as you are. If the workplace accident you caused has exacerbated, accelerated, or aggravated your pre-existing condition or injury, your employer may still be responsible for the accident-related injury. But the outcome in your workers’ compensation case that involves a pre-existing condition depends on the facts of your case, based on the evidence you and your employer provide. Thus, you need to give the right evidence and correctly apply the law that governs workers’ compensation to the facts. These are reasons you need a lawyer.

Securing the Benefits that You Deserve

Remember that if an on-the-job accident aggravates your pre-existing condition or injury, you must tell the truth about this injury from the get-go. Hiding a pre-existing injury can only create issues with your claim. Your attorney can help you approach the claim proactively and establish the evidence necessary to substantiate your workers’ comp claim for a work-related injury.

Your employer and their insurance provider may use your pre-existing injury to devalue or deny your claim. However, solid evidence can help you overcome this tactic. Your workers’ comp claim gets more complicated if the work accident aggravated your pre-existing condition; however, in a lot of cases, you can still get benefits. You must work with your lawyer to compile medical records and other evidence to support your claim.

In addition, documenting your life and your abilities before and after the accident is also important. Also, you must be able to provide details regarding your work duties and abilities, along with information about your leisure activities and family before and after the workplace accident. 

When to Speak with an Attorney

To increase your chances of pursuing workers’ comp benefits, you need to speak with an attorney as soon as possible following an on-the-job accident. This is especially important if your claim involves a pre-existing condition. The insurance company will create issues due to your previous injury. Thankfully, your attorney will help address such issues and help you build a strong claim.  

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