Employees or workers who are injured on the job or is performing the duties of his or her job is eligible to receive workers’ compensation if the actions entailed in the job aggravate a pre-existing medical condition. Some employees, however, may not be eligible to receive workers’ comp benefits for only pre-existing injuries—the injuries must have been new and sustained on-the-job.
What Is a Pre-Existing Injury?
Pre-existing injuries can mean anything from previous broken bones that have not healed properly, to herniated discs, and torn tissues. For example, if an employee had an ankle injury that had recently recovered or was still in the process of healing, and reinjured that ankle some time during work. Another example would be a medical condition related to one’s health or age.
These are the conditions needed for a workers’ comp claim:
- You have suffered a mental or physical injury that was work-related
- The injury led to a disability and left you unable to work
- You provided adequate notice to your employer that the injury occurred
Remember that the work injury had to have aggravated your medical condition—however, note that workers’ comp will only cover the costs associated with a worsened medical condition, which was the result of the new injury. As Somerville workers’ comp lawyers, we can determine what legal rights you may have for pursuing a claim.
We Are on Your Side!
It does not matter if your workers’ compensation claim is due to a pre-existing medical condition or because of age or health concerns. We can help you find financial recovery, especially when you feel the strain of medical bills, lost income, and other costs related to the incident. Brooks Law is a team of Somerville workers’ comp attorneys that is focused on achieving your goals.
To discuss your claim for compensation, contact us to schedule a free consultation.