Will a Pre-Existing Injury Affect My Workers’ Comp Claim?

Will a Pre-Existing Injury Affect My Workers’ Comp Claim?

Will a Pre-Existing Injury Affect My Workers’ Comp Claim?

By jfhoen

On-the-job accidents pose major hazards and can happen in any occupation. When these result in serious personal injuries, you may be entitled to workers’ compensation benefits in Virginia, covering medical costs, lost wages, and other expenses. 

A common question among workers when filing a claim concerns what happens when work-related accidents aggravate pre-existing injuries. At Hampton Injury Law, PLC., our Virginia workers’ compensation lawyers represent clients in these cases. Find out how to get the benefits you are entitled to. 

When Work-Related Accidents Aggravate Pre-Existing Injuries

According to the Centers for Disease Control and Prevention (CDC), close to 5,000 people suffer on-the-job accidents and injuries each year in Virginia. Among the biggest hazards are slip and fall accidents, getting struck by objects, being caught in or between tools or machinery, and overuse or repetitive stress injuries. 

In some cases, rather than resulting in a new injury, an accident aggravates a pre-existing condition that happened either on or off the job. This is common with the following types of injuries: 

  • Back and neck injuries, such as herniated discs;
  • Broken bones;
  • Concussions and other head injuries;
  • Illnesses, such as respiratory diseases;
  • Injuries involving soft tissues, such as muscles or tendon sprains and tears.

When filing a workers’ compensation claim in these or other types of cases, you may be entitled to benefits covering any medical expenses and lost wages that result from aggravating your condition, but not for the pre-existing injury or illness itself. 

How to Get The Total Amount of Benefits You Deserve

Benefits available to workers through the Virginia Workers’ Compensation Commission can provide a lifeline when on-the-job accidents and injuries happen. However, it is not uncommon for claims to be either denied or disputed. Issues concerning pre-existing conditions are one of the most common sources of friction. 

It is important to be honest about disclosing your prior condition, particularly as it relates to any current symptoms. Failure to do so could result in an automatic denial of your claim. In detailing prior injuries or illnesses that were aggravated on the job, you should be prepared to provide evidence of the following: 

  • Medical records diagnosing your pre-existing condition and detailing any treatments you received;
  • Statements from your doctor and other medical providers detailing how a recent work-related accident aggravated your pre-existing condition;
  • A detailed list of new and worsening symptoms and how they impact you on the job;
  • A list of job-related tasks and duties you were previously able to do despite your pre-existing condition that you are unable to do now. 

Our Virginia Workers’ Compensation Lawyers Can Evaluate Your Case

At Hampton Injury Law, PLC., we help injured workers get the benefits they are entitled to. Our Virginia workers’ compensation lawyers can review the details surrounding any pre-existing condition and help you gather the evidence needed to get your claim approved. To request a case evaluation, call or contact our office online today. 

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