Some jobs require preemployment physicals to ensure that you meet the physical qualifications for a job. Your employment is often contingent upon passing the physical, which can cause employment issues if they miss a condition.
However, this might not be important to your Workers’ Compensation claim. Just because you had a preexisting condition doesn’t mean that it was the kind of condition they were looking for or should have noted during a preemployment physical. Your employer may try to say that you should not be considered an employee because you obtained the position through fraud, but this should not stop Workers’ Comp benefits for work you actually performed.
For help with your injury claim, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
What Is Supposed to Happen at a Preemployment Physical or Screening?
Preemployment physicals usually involve a few basic tests and medical questionnaires to make sure you can perform the tasks of the job and otherwise qualify for your future position with your new employer.
Tests/Exams Performed
The examiners will typically be interested in the following tests, exams, and questions:
- General physical exam for wellness
- Questions about prior surgeries, allergies, and health history
- Vision test
- Recent vaccines obtained
- Drug test
- “Lift test” to see whether you can safely lift or perform other physically demanding work tasks.
Preexisting Conditions May or May Not Be Part of the Exam
Listing preexisting injuries or health conditions might be part of the general medical history part of the exam. However, some jobs simply do not bother asking about every injury/condition, especially ones that might have no obvious effect on your job or are too far in the past.
The reason your exam “missed” a prior injury or condition might be because it wasn’t within the scope of the exam.
Tester’s Responsibility to Investigate
When you undergo these tests and screenings, it is up to the examiner to ask any questions or look for any conditions the employer might be concerned with. It isn’t up to you to volunteer info they didn’t ask about.
If they missed something, that’s usually their responsibility, not yours.
Can You Get Workers’ Comp with a Preexisting Condition?
Generally, having a preexisting condition does not stop you from getting Workers’ Comp.
Are Preexisting Conditions Disqualifying?
Generally, no. Having a preexisting condition of some kind does not stop you from qualifying for Workers’ Comp for a new injury.
Aggravation of Prior Injuries/Conditions
Even if the new injury you faced at work was an aggravation of an old injury, that increased aggravation is still a new injury.
For example, the following injuries should still qualify for Workers’ Compensation:
- A hernia in the same location as a prior hernia
- A back injury while you have prior back injuries or back pain
- Reinjury of a previous surgical repair.
Cumulative Injuries and Occupational Illness
In some cases, prior work in the same field can even be accounted for before you started with this employer. For example, workers in certain industries prone to cancer, hearing loss, or other conditions that occur over time can often file a claim with their current employer.
This is true even for injuries that accumulated from work in the same industry with different employers.
Employer is Responsible for all Work-Related Injuries
As long as your new injury or aggravation occurred within the scope of your current work, your current employer typically has to pay for it.
What if the Preemployment Screening Missed My Prior Condition?
If they missed something during your exam, your employer might try these arguments – but they often fail:
You Would Not Have Been Hired if They Knew About the Condition
Employers often say that they would not have hired you if the preemployment screening had notified them of the condition. This, essentially, is a claim that they should undo the whole employee-employer relationship they had with you.
That is usually not going to stop a Work Comp claim, given the fact that you actually did perform work for them, and they actually are responsible for injuries that happened during that work.
Employee Fraud
Other times, they might go so far as to accuse you of fraud or lying to them by hiding the condition from them. Along with the fact that they would not have hired you if they knew about the condition, this can be a bigger issue.
However, they cannot just accuse you of fraud; they need proof that you knew about the condition and tried to hide it from them. This often isn’t available, especially if you didn’t even know about the prior condition.
Denial of Coverage for Preexisting Injury
If your employer thinks you are trying to get the preexisting injury covered under your Workers’ Comp claim, then we can clarify that we are not seeking damages for the condition that predates your work. We can also provide records of when that condition appeared, since the preemployment exam would not have records of a condition it missed.
FAQs for Preexisting Injuries and Employment Screenings
Do You Have to Report Prior Injuries During a Preemployment Physical?
Maybe. You have to be truthful and honest. Broad, open-ended questions usually require you to disclose all prior health conditions you know about.
What if You Forgot About a Health Condition During Your Preemployment Physical?
Mistakes happen. If you simply forgot to disclose the health condition, you may have an obligation to correct the record as soon as you remember.
Can You Be Fired for Failing to Disclose a Prior Condition During a Preemployment Physical?
Maybe. While Workers’ Comp coverage should still be paid, the employment law side of this question is a separate legal issue.
Your employer cannot fire you because you filed a Workers’ Comp claim, but if the claim uncovered a previous lie or fraud, that prior fraud might be grounds for termination.
What if You’re Injured During a Preemployment Physical?
Workers’ Comp coverage starts on Day 1 of your employment, so injuries before that during a preemployment exam often are not covered. You usually do not qualify as an employee yet, since you have not done any work or been paid for it yet.
If you were paid for your time to be at the exam, it may be considered part of your employment and be covered. You might also have a personal injury claim against the examiners if they injured you through negligence.
Call Our Workers’ Compensation Lawyers in Pennsylvania Today
Call (267) 651-7945 for a free case evaluation with the Philadelphia Workers’ Compensation lawyers at Cardamone Law today.
