What to do if pre-existing injuries that get aggravated while working:
California workers’ compensation covers injuries related to pre-existing conditions provided that a workplace accident created a “new” injury by aggravating an old one. An aggravation occurs when the work-related injury or activity causes the pre-existing injury to worsen or causes new symptoms to develop.
For example, if a worker has a pre-existing back injury from a car accident and then experiences a work-related injury that causes additional damage to their back, they may be eligible for workers’ compensation benefits to cover the costs of treatment, rehabilitation, and lost wages.
To determine whether a pre-existing injury was aggravated by a work-related injury, a medical evaluation will typically be conducted. The medical evaluation will consider the worker’s medical history, the nature of the pre-existing injury, and the circumstances surrounding the work-related injury. If the medical evaluation determines that the work-related injury aggravated the pre-existing injury, the worker may be eligible for workers’ compensation benefits.
Does a pre-existing injury disqualify a worker from receiving workers’ compensation benefits?
No, a pre-existing injury does not automatically disqualify a worker from receiving workers’ compensation benefits. Workers with pre-existing injuries are still entitled to benefits if their current job caused the injury to worsen or if the injury was aggravated by their work duties.
If a worker has a pre-existing injury and then suffers a work-related injury that worsens or aggravates that pre-existing injury, they may be entitled to workers’ compensation benefits. For example, if a worker has a pre-existing back injury and then injures their back further while lifting heavy boxes at work, they may be eligible for workers’ compensation benefits to cover the costs of medical treatment, rehabilitation, and lost wages.
However, if a worker’s pre-existing injury is not related to their work duties and the work-related injury does not worsen or aggravate the pre-existing condition, they may not be eligible for workers’ compensation benefits related to the pre-existing injury
When a worker sustains an injury on the job, they may be eligible to receive workers’ compensation benefits. However, if the worker has a pre-existing injury or condition, there are some additional factors to consider.
Here are some important details about pre-existing injuries and workers’ compensation:
What is a pre-existing injury?
A pre-existing injury, when it comes to workers’ compensation, refers to an injury or medical condition that a worker had prior to starting their current job. This could be a chronic condition, a previous work-related injury, or an injury or condition that occurred outside of work.
If a worker with a pre-existing injury is injured on the job, their eligibility for workers’ compensation benefits will depend on whether the work-related injury aggravated or worsened the pre-existing condition. If the pre-existing injury was made worse by the work-related injury, the worker may be eligible to receive workers’ compensation benefits to cover the cost of treatment and lost wages. However, if the pre-existing injury is not related to the work-related injury, the worker may not be eligible for workers’ compensation benefits for that injury.
It’s important for workers with pre-existing injuries to disclose their condition to their employer and medical providers when reporting a work-related injury to ensure that they receive the proper evaluation and treatment, and to ensure that any benefits they are entitled to are appropriately calculated.
What should workers with pre-existing injuries do if they are injured on the job?
- Report the injury to their employer: Workers should report any work-related injury or illness to their employer as soon as possible. This includes injuries that aggravate pre-existing conditions. Reporting the injury promptly can help ensure that the worker receives the appropriate medical treatment and that the injury is properly documented.
- Seek medical attention: Workers with pre-existing injuries who are injured on the job should seek medical attention right away. This can help prevent further injury or aggravation of the pre-existing condition, and can also help ensure that the injury is properly documented.
- Inform their healthcare provider about the pre-existing injury: Workers should inform their healthcare provider about any pre-existing injuries or conditions that may be relevant to the work-related injury. This can help ensure that the worker receives appropriate medical treatment and that the injury is properly documented.
- File a workers’ compensation claim: Workers who are injured on the job, including those with pre-existing injuries, may be eligible for workers’ compensation benefits. Workers should file a workers’ compensation claim as soon as possible after the injury occurs. This can help ensure that the worker receives the appropriate benefits, including medical treatment, wage replacement, and other benefits that may be available under state law.
- Consult with an attorney: Workers with pre-existing injuries who are injured on the job should consider consulting with an attorney who specializes in workers’ compensation law. An attorney can help ensure that the worker’s rights are protected and that they receive the full benefits to which they are entitled under the law.
What if the worker’s pre-existing injury is unrelated to their job duties?
If the worker’s pre-existing injury is unrelated to their job duties and their work did not worsen the injury, they may not be eligible for workers’ compensation benefits. However, if the worker’s pre-existing injury increases the risk of injury on the job, they may still be eligible for benefits.
Workers’ compensation benefits are intended to cover injuries and illnesses that arise out of and in the course of employment. If a worker has a pre-existing injury that is not related to their job duties and suffers a work-related injury that is separate from the pre-existing injury, they may be eligible for workers’ compensation benefits related to the work-related injury only.
For example, if a worker has a pre-existing knee injury from playing basketball and then injures their shoulder while performing work-related duties, they may be eligible for workers’ compensation benefits related to the shoulder injury, but not the pre-existing knee injury.
However, if a worker’s pre-existing injury increases the risk of injury on the job, they may still be eligible for workers’ compensation benefits. For example, if a worker has a pre-existing heart condition and suffers a heart attack while performing work-related duties that put additional stress on the heart, they may be eligible for workers’ compensation benefits related to the heart attack.
How is the compensation amount affected by a pre-existing injury?
The compensation amount may be affected by a pre-existing injury. If the pre-existing injury was aggravated or worsened by the work-related injury, the worker may be entitled to receive compensation for the entire injury, including the pre-existing condition. However, if the pre-existing injury is the primary cause of the injury, the compensation may be limited to cover only the amount of the injury caused by the work-related incident.
Here are a few ways that your compensation can be affected:
- Apportionment: Some states allow for “apportionment” of workers’ compensation benefits, which means that the amount of compensation is reduced based on the percentage of disability that is attributable to the pre-existing injury. For example, if a worker with a pre-existing back injury suffers a work-related injury that aggravates the back injury and causes 50% disability, the worker may only be entitled to 50% of the benefits they would have received if the work-related injury had caused the full disability.
- Medical treatment: If a pre-existing injury is aggravated by a work-related injury, the worker may be entitled to additional medical treatment that is necessary to treat the aggravated injury. However, the worker may not be entitled to treatment for the pre-existing injury itself.
- Lost wages: If a pre-existing injury is aggravated by a work-related injury, the worker may be entitled to compensation for lost wages that are attributable to the aggravated injury. However, the worker may not be entitled to compensation for lost wages that are attributable to the pre-existing injury itself.
Conclusion:
Some victims who are already living with an injury may be hesitant to file an accident claim because they think their pre-existing condition will prevent them from recovering any compensation. This is simply untrue – again, leave it up to an experienced attorney to determine whether or not a claim is worth pursuing. Please feel free to reach out and contact us at Solov & Teitell for consultation.
