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Workers’ Compensation and Pre-Existing Medical Conditions

A prior injury affects a new injury claim - but having a prior injury or condition does not preclude an injured worker from getting workers' compensation benefits for a new injury. Did the workplace accident exacerbate or aggravate the pre-existing condition? As with all compensation claims, the injured worker has the burden of proof to establish a causal relationship between the accident and his disability. An exacerbation of a pre-existing injury occurs when the accident results in new or worse symptoms of the injury. Consider the case where the injured worker had a prior back injury, but was able to work. While lifting a heavy object, she experiences severe pain in her back. Get medical attention so that the doctor can diagnose the problem. A new claim must be filed if the old injury was not the result of a workplace accident. However, even if the old injury was the result of a prior workers’ compensation case, FOA will file a new claim. In most cases, the injured worker was earning more at the time of the new accident and therefore will be entitled to greater benefits than they would be entitled to on the old claim. When filing a new claim, the pre-existing injury or condition should be disclosed. The C-3 claim form has a question: have you had another injury to the same body part or a similar illness? Do not skip that question and do not give a false answer since doing so may be considered to be fraud. The obligation to disclose prior injury or illness extends to the history you provide to your medical providers as well as to any physicians who examine you on behalf of the employer or their insurance carrier in an Independent Medical Exam. Apportionment is a finding by the board that liability for the claim should be divided between the pre-existing injury and the new injury. If the prior injury was work-related or not work-related, the general rule is that for apportionment to apply, the claimant must be found to be disabled, in a compensation sense, from the old injury at the time of the new injury. If the claimant was not disabled from the old injury at the time of the new injury, apportionment will not apply. However, a different rule applies in cases of injuries to an extremity, for example, arms, legs, etc. That will result in a schedule loss of use award. LIKE, COMMENT, SUBSCRIBE, SHARE https://www.foalaw.com/   / fineolinanda.  .   / foalaw   Offices throughout New York State and New Jersey. Practice areas: Workers' Compensation, Personal Injury, Social Security Disability Benefits, Veterans' Disability, and General Legal Services 1-800-522-9001 #preexistingcondition #medicalcondition #workerscompensation #injuryattorney