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April 15, 2019

My Job Aggravated an Old Injury – Can I Get Workers Comp?

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Posted in Wisconsin Workers Compensation Related News

Glendale Workers Compensation Lawyers

Workers compensation is designed to help workers who can prove they were hurt on the job. But what happens in cases where someone with a previous injury experience worsening symptoms due to their job? This is a common scenario that can raise many questions when the employee in question looks for compensation for their pain and suffering. Luckily, having a previous injury does not automatically prevent someone from successfully filing for workers compensation.

Workers Compensation Rules

Regulated by individual states, workers compensation was set up to ensure that workers who are injured on the job receive financial assistance to help with bills, lost wages, etc. States have different rules and regulations for their programs, surrounding everything from eligibility to statutes of limitation on when you can file. Whichever state the worker is in, the filing process typically begins with a medical examination to determine if they’ve suffered:

  • Total, permanent injury – leaving the worker unable to work for the rest of their life
  • Partial, temporary injury – leaving the employee unable to work for a limited amount of time

During this examination, a physician will ask questions to determine if symptoms are from a new injury or agitation of an old one. States also have their own approach to a pre-existing injury, with some denying benefits altogether.

Coverage is Still Possible

In states where a pre-existing condition is not a bar to getting benefits, it can still make things harder. For one, it can be hard to determine whether symptoms affecting the ability to work are from the new injury or the older one. An example of this is determining if a worker suffering from severe knee pain is experiencing the symptoms of an old knee injury or of arthritis that popped up after he began work. Because most states only hold the employer liable for the aggravation of an injury, it’s important to determine which came first, the chicken or the egg. The answer to this can directly influence the amount of benefits that work is entitled to.

If you find that a pre-existing condition has been aggravated by your job, you aren’t automatically out of luck. But depending on where you live, you could be in for an uphill battle against a workers compensation insurance company looking to deny benefits. It’s best to have good representation by your side. Find experienced Glendale workers compensation lawyers to examine the details of your case early and help you plan what steps to take next.

Contact Hickey & Turim, SC for their insight into workers compensation claims and old injuries that get aggravated on the job.

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