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Tag: Preexisting Condition Under PA Work Comp Law

YES! It is a myth that an injured worker, who may have hurt her back in the past, cannot pursue workers’ compensation as a result of aggravating her back while working. I frequently talk with people who believe they cannot pursue PA Work Comp benefits because they had pain in the same body part before their work activities. It is simply not true. You can and should pursue benefits if your work activities aggravated your condition.

Under Section 301 (c) of the Pennsylvania Workers’ Compensation Act, the term “injury” and “personal injury” is defined as “an injury to an employee, regardless of his previous condition, arising in the course and scope of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury….”

As you can see from the plain, clear language of the PA Work Comp Law, it doesn’t matter if an injured worker had a preexisting condition, so long as you can demonstrate that the condition was aggravated, reactivated, or accelerated by the work activity. However, you can rest assured that the insurance carrier’s attorney, and the doctors hired by the insurance carrier, will do everything they can to pin the current set of symptoms on the preexisting condition versus the work activities. Generally speaking, the longer the gap in treatment from the prior injury until the work-related injury, the better the case. On the other hand, if the injured worker was treating up until the work incident, it is a much tougher case to pin liability on the work activities, naturally. It is simply imperative for injured workers, in this context, to tell his or her attorney and treating physicians as much detail as possible as to 1) when they last treated, 2) what doctors they treated with before the work incident, 3) what type of treatment they had, 4) what symptoms, if any, are now different in location or extent versus pre-work injury, and 5) what specific work activities triggered the symptoms. Doing your homework before the first hearing is absolutely critical so that you know what you’re dealing with, before cross examination commences.

While the history is always important in a Pennsylvania Workers’ Compensation case, its importance is heightened in cases involving a claim of an aggravation of a preexisting condition. A careful review of the prior medical records will help determine the viability of the workers’ compensation claim. The family doctor’s records, especially, can be instructive as they often document the initial onset of symptoms and tell us which doctors were involved in the treatment. Similarly, make sure to read the current medical records to see if the doctor has addressed the issue- ie, did the work activities aggravate, accelerate, or reactivate a prior condition within a reasonable degree of medical certainty?

If you aggravated a preexisting medical condition as a result of your work activities, whether suddenly, or from repetitive work activities over a course of time, call Certified Pennsylvania Work Injury Attorney and Specialist, Michael W. Cardamone at 215-206-9068 for a free consult or email Michael@cardamonelaw.com 7 Days A Week.

PA Work Injury Attorney

The Cardamone Law Firm

The Firm For Injured Workers In Pennsylvania

Awards & Recognitions

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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$6 Million
We Assisted Another Firm in Reaching Settlement
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$6 Million
We Assisted Another Firm in Reaching Settlement
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews