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November 21, 2020 by PILLI Law

Does Workers’ Comp Cover an Aggravated Injury?

A slip and fall on the job may cost you more than just a little wounded pride, as a workers compensation attorney, like from Rispoli & Borneo, can explain. You may have to make a trip to the hospital for imaging studies. Depending on these shows, you may find yourself headed for corrective surgery, lengthy rehabilitation, and facing months or years of recovery time.

What happens when you hurt the same body part more than once? Workers’ compensation carriers often have ways that handle pre existing conditions or injury aggravations. However, it is important to keep in mind that if the injury is work-related, it does not matter whether you have an old injury. The insurance carrier should carry any new damage as long as a doctor can separate it out. Find out more about what happens when a preexisting injury gets re-damaged while performing your work duties.

Is There a Previous Rating?

The timing of the previous injury matters when it comes to how extensive the coverage may be. For instance, if you were in a car accident three years ago and tore your meniscus and then fell from a ladder last week and tore it again, the time that has tolled between the two may play a part in how a carrier covers it. Doctors would have to take a look at your previous medical records, including any imaging, to determine the severity of the prior damage. They will compare it with the new damage and try to determine if this is an exacerbation or a new injury. If enough time has passed, the carrier may classify the work injury as a new one. However, in many cases, scar tissue and permanent damage may be handled as an exacerbation.

Is the Injury or Illness Made Worse?

Workers’ compensation doesn’t only apply to injuries caused by work, but illness as well. Your heart condition may be made worse by work, and if a doctor authors a report with supporting studies, the workers’ comp carrier will have to pay for any treatment above and beyond what you have been receiving for the condition. Stress and the toll it takes on the body may work against preexisting illness and conditions. Thus, anything tied to your employment may wind up covered by the company’s policy.

A workers’ compensation lawyer understands how insurance carriers work. They know that preexisting conditions do not matter when it comes to a valid work injury. However, the level of coverage may matter, and you want someone to fight for the compensation you deserve. Find a representative in your city to help sooner rather than later.

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