Can You Get Workers’ Comp if Your Job Aggravated a Previous Injury?

To many, Workers’ Compensation looks quite similar to other insurance policies and systems, and we all know that “preexisting conditions” often go uncovered and make it harder to file a claim when something bad happens.  However, Workers’ Comp is not like other insurance policies, and preexisting conditions are treated quite differently.

In general, Workers’ Comp has to cover all injuries and conditions that are “work-related,” even if they involve a flare-up, aggravation, or exacerbation of a previous condition or prior injury.  There is no requirement that the initial condition has to be from work as well, and you can often get compensation for all kinds of injuries and flare-ups that are related to your work, even if you have a preexisting health issue.

For help with your case, reach out to the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.

“Work-Related” Requirement for Workers’ Compensation in Pennsylvania

For a Workers’ Comp claim to be successful, you need to have an injury or health condition that was caused by your work.  The actual tasks of your work, the conditions in your workplace, or an accident that occurred while working are all potential causes of injury that should be covered, as should health conditions brought on by exposure to certain chemicals or conditions in the workplace.

The important thing to understand here is that any work-related cause should be sufficient for a Workers’ Comp claim, even if it involves a preexisting health issue or injury.

Can You Get Workers’ Comp if You Aggravate or Exacerbate a Prior Injury?

Many work injuries involve a sudden accident that injures you and takes you to the hospital – such as a fall off a ladder or an injury from a machine at work.  Other injuries stem from an injury you already had suddenly getting worse, which is incredibly common when it comes to back injuries.  Our Philadelphia Workers’ Compensation lawyers can help you file a claim for an injury at work that made a previous injury or wound worse as long as the new problem was work-related.

As mentioned, this kind of issue is very common with back injuries.  Imagine you have a “bad back.”  You’ve been this way for years, and every few months, you have a “bad day” where you need to take off from work and just take it easy.  If you were carrying a stack of boxes at work and your back “gave out,” causing a slipped disc or otherwise aggravating your “bad back,” it should still be possible to claim Workers’ Comp for this current injury, regardless of your health history.

The theory here is that this new injury is still related to your work, and it does not matter who you are or what you brought to the table before the accident; employers need to pay for work-related injuries.

If you are looking for a more precise legal answer, the definition of “injury” and “personal injury” under the Pennsylvania Workers’ Comp Act are specifically written to include any injury, “regardless of … previous physical condition” according to § 301(c).

Does It Matter if My Preexisting Condition Was Work-Related?

Under Pennsylvania law, the general rule cited above says that there should be coverage for any “injury,” which should not take into account what the previous condition was or how it happened.  However, there is one exception under § 301(f) relating specifically to cancer for firefighters.  Otherwise, the source of your prior injury does not make a difference; you should still be covered.

What this means is that it doesn’t matter if the preexisting condition that you aggravated was one you were born with, one that started in a prior work accident, or one that happened on the weekend or during childhood.  The important thing to focus on is whether this new accident was related to your work.  If it was, the injury should be covered.

Getting Workers’ Comp for Preexisting Health Conditions in Pennsylvania

Where this rule might get confusing is when it comes to health conditions and “occupational diseases” rather than acute injuries on top of a preexisting injury or condition.  Here, we are talking about things like cancer or other long-term health problems.

If you have a health condition that can be attributed to both conditions at work and outside of work, it might be harder to show that the condition was, in fact, work-related.  This requirement is still at the core of any question, even when there are preexisting elements to the condition, and you cannot actually claim Workers’ Comp if the condition cannot be linked to your work.

For example, if you have been a heavy smoker for 30 years, it might be difficult to show that your lung cancer was caused by chemical exposure and not the smoking alone.  In cases like these, the fact that you have preexisting conditions like emphysema or hypertension from smoking might hurt the claim that your lung cancer was caused by exposure at work.

The Workers’ Comp act has specific requirements when trying to show that cancer or another occupational disease was work-related, and you often have to show actual exposure to risks at work as well as a higher incidence of the disease in your field of work.  If you can overcome these requirements and link your cancer to your work conditions, then outside exposure to carcinogens should not stop you from getting Workers’ Comp for a work-related health condition like in this example.

Contact Our Pennsylvania Workers’ Comp Attorneys Today

Contact our Northeast Philadelphia Workers’ Compensation lawyers for help with your case by calling Cardamone Law at (267) 651-7945.