Does Workers Comp Cover Pre Existing Conditions for Workers with Prior Injuries

If you're a worker with a prior injury, you're probably wondering if workers comp will cover your pre-existing conditions. Unfortunately, the answer is often no, but there are some exceptions.

Workers comp typically doesn't cover pre-existing conditions, which means if you have a condition before you get hurt on the job, it's usually not covered. This is because workers comp is designed to cover work-related injuries, not pre-existing conditions.

For workers with prior injuries, the key is to understand the nuances of workers comp laws. In some states, workers comp may cover pre-existing conditions if they're exacerbated by a work-related injury. This means if your pre-existing condition gets worse because of your job, you might be eligible for coverage.

Workers comp laws vary by state, so it's essential to check your specific state's laws to see what's covered and what's not.

If your job causes an old injury to flare up or makes a previous injury worse, you should still have a valid workers' compensation claim. Under Illinois workers' compensation law, pre-existing conditions do not disqualify you.

You can still get benefits if your job duties aggravated or accelerated your injury, including payment for a portion of your lost wages and 100% medical coverage. For example, if you suffered a back injury in a car accident ten years ago and then re-injured your back at work, you can't work for months and may need surgery, all of which should be covered under workers' compensation.

In most states, the rules governing pre-existing conditions depend on an independent assessment of the extent to which your current disability is dependent on the most recent injury or the pre-existing condition. If there is a way for the claim to be reduced, the Workers' Compensation program will work for that outcome.

Here are some examples of pre-existing injuries that may be covered under workers' compensation:

A pre-existing condition is a medical issue you already had before getting hurt on the job. It's a common concern for injured workers, but it shouldn't be a reason to deny your workers' compensation claim.

Pre-existing conditions include anything you've been treated for in the past, like a back injury from a car accident ten years ago. This doesn't mean you're not eligible for benefits if your job duties make your old injury worse.

For example, let's say you suffered a back injury in a car accident ten years ago and were treated, but then you re-injure your back at work by lifting a box. You can't work for months and need surgery - all of this should be covered under workers' compensation.

Carpal tunnel syndrome is another common example of a pre-existing condition. If you've been treated for it in the past and it flares up after working long hours, you may be eligible for benefits.

The key is documentation - make sure your doctor knows how the injury happened and how it's affected your pre-existing condition. Be specific about your symptoms and how they've changed.

Pre-existing conditions can be a major concern when it comes to workers' compensation claims. Many people believe that if they have a pre-existing condition, they're not eligible for benefits. But that's not always the case.

Under Illinois workers' compensation law, pre-existing conditions don't disqualify you from receiving benefits. If your job duties aggravate or accelerate your injury, you're entitled to benefits, including payment for lost wages, 100% medical coverage, and other benefits depending on your injury and its permanence.

The key is documentation. When you visit your doctor, make sure to be clear about how the injury happened and how it's affected your pre-existing condition. Has it made your pain worse? Has it decreased your mobility or range of motion? Be specific.

In Texas, the "Thin-Skull" rule applies, which means that if you have a weakened or vulnerable part of your body, you're still eligible for compensation if it's injured on the job. This rule can be difficult to apply, but an experienced lawyer can help.

The rules governing pre-existing conditions vary from state to state, but most depend on an independent assessment of the extent to which your current disability is dependent on the most recent injury or the pre-existing condition. If more than 50% of your current disability is due to the pre-existing condition, your claim may be denied.

Here are some examples of pre-existing conditions that may be relevant to workers' compensation claims:

It's essential to disclose any pre-existing conditions when filing your workers' compensation claim. If you don't disclose a pre-existing condition, it can impact your ability to receive compensation on your current claim.

In some cases, workers' compensation claims can cover "aggravation" of pre-existing conditions, but not "flare-ups" or "exacerbation." If you're unsure about how your pre-existing condition will affect your claim, it's best to consult with an experienced lawyer or workers' compensation expert.

Employers have a responsibility to acknowledge pre-existing conditions upon request for workers' compensation.

If you have a pre-existing condition, your employer must treat you the same as employees without pre-existing conditions when it comes to settlement offers.

Employers must address all your concerns after a workplace accident, even if it worsened your pre-existing condition.

You can speak with a workers' compensation lawyer if your employer fails to address your concerns, to determine your legal rights and alternative compensation options.