Employees can make a claim for occupational diseases and pre-existing conditions that are aggravated by their job.
The workers’ comp system is designed to reimburse employees for medical treatment and lost wages for work-related injuries and disease. This is true even if a pre-existing condition contributes to the injury.
If the worker has a pre-existing condition, the insurance company may try to deny the claim, saying it is not work-related. However, pre-existing conditions may be compensable if it is aggravated by the employee’s work activities or environment. Pre-existing injuries could be something like a bad back, or an injury caused by an accident, and the employee does not need to have prior knowledge of the injury. Some common types of pre-existing injuries include knee and back injuries, arthritis, and soft tissue damage.
For an example of how a pre-existing condition could affect a workers’ comp claim, let’s look at the “Safety Training” episode of The Office.
Darryl, standing with the help of crutches, conducts the training. The scene cuts to Darryl explaining to the viewer:
Darryl: We do safety training every year or after an accident. [pause] We’ve never made it a full year. This particular time, I was reaching for a supply box on the top shelf, when one office worker, who shall remain nameless, kicked the ladder out from under me and yelled . . .
[cut to Michael]
Michael: [laughing hysterically] Hey, Darryl, how’s it hanging?
Darryl: And I fell and busted my ankle. I’m legitimately scared for my workers.
Daryl is an employee, who was injured at work. He should be able to receive compensation for medical expenses and lost wages that result from the injury.
But what if, when he goes to have his ankle treated, an x-ray shows a previous injury to his ankle? Can the employer deny his claim?
As long as the incident at work aggravated his past injury and is the cause of his disability, Darryl should still be able to receive workers’ comp.
Employers may choose to deny workers’ compensation claims for various reasons by claiming that the injury is not work-related, but instead a result of the pre-existing condition. Any decision an employer makes can be challenged with the help of an attorney.
Workers’ comp claims can be complicated. You need an experienced attorney, like those at Aversa Linn, to help you determine if you are entitled to workers’ comp, and if you have any other recourse for an injury, illness or disease caused by your work.
If you have been injured at work or become ill because of work, contact Aversa & Linn. We will fight for you to hold all responsible parties accountable.
