When you started your job, you were likely presented with the list of physical requirements for the position. It’s also possible that you underwent a pre-employment physical to ensure that you were physically capable of doing the work.
It’s understandable that if you’ve been injured at work and already have a pre-existing medical condition, you might be worried that it will affect your workers’ compensation claim. Fortunately, you may still qualify for benefits, but a pre-existing condition can make your claim more complex.
What counts as a pre-existing condition?
A pre-existing condition is any health issue or injury that existed before your current work-related injury, such as:
- Old injuries from playing sports or a car accident
- Arthritis
- Chronic back pain
- A previous work-related injury
- Degenerative joint disease
These conditions can be dormant, or they may be causing some pain or limitations. The question is whether your job aggravated or worsened your pre-existing condition.
However, the workers’ compensation system is “no-fault.” It doesn’t matter if you had a pre-existing condition. If your job made your condition worse, you could still be entitled to benefits. For example, if you had some mild back pain that became severe after lifting something heavy, you could be covered.
You will likely be required to see a Qualified Medical Evaluator (QME) chosen by your employer’s workers’ comp insurer. Be honest and detailed when describing your medical history. Not disclosing an old injury could backfire because the insurance company will likely review your prior medical records. The point is to show how your job duties contributed to your current injury.
Unfortunately, the insurance company may try to argue that your symptoms are unrelated to your job. If that occurs, having legal guidance can gather medical evidence to show that your job aggravated your condition and help you appeal the insurance company’s decision.