In some instances, a workplace injury may not create a new condition but aggravate an old one. The law states that any injury that occurs on the job is a workplace injury, so if an old injury or pre-existing condition is aggravated by an incident at work, it should be covered under workers' compensation.
Many insurance companies attempt to claim that your pre-existing condition is not their responsibility to cover. For example, they may claim that back pain that has resurfaced is the result of outside activities or merely because some back pain comes and goes. Do not give up on your claim.
Putting your case in the hands of the knowledgeable Delaware pre-existing conditions attorneys at Weik, Nitsche & Dougherty is a smart step toward collecting the benefits you deserve.Wilmington Workers' Comp Benefits Attorneys
A work injury that aggravates a pre-existing condition only has to meet some minimum criteria, evidenced by the following:
- A new need for treatment of your pre-existing condition
- An increased need for treatment of your pre-existing condition (i.e., chiropractor care was sufficient before but now I require surgery!!)
- An accelerated need for treatment of your pre-existing condition (i.e., knee replacement surgery may have been needed in 10 years but with the job injury, it's needed immediately)
If you injured the same body part in a previous workplace accident, your benefits for the current workers' comp claim may be reduced to account for the prior workers' compensation claim. Your employer will still be required to pay all of your medical bills for treatment related to this new work-related injury. If you are unable to work, your employer will pay you temporary disability benefits.
In other cases, a worker has a pre-existing condition stemming from a prior, nonwork-related injury that is aggravated by a work-related injury. As with the situation involving prior workers' compensation claims, you will likely receive workers' compensation benefits only to account for the worsening of your condition attributable to the new work-related injury.Our Experienced Workers' Compensation Lawyers Are Committed To You
If you have aggravated a pre-existing injury in a work-related accident or illness in Delaware, you may be entitled to workers' compensation benefits. Our experienced legal team can help you navigate the complex appeals process.
Contact us to schedule a free consultation in which we will review the facts of your case and recommend the best steps to take. All workers' comp cases are accepted on a contingency fee basis, which means you do not pay attorney's fees unless we obtain a recovery for you.