Aggravation of a Pre-Existing Condition

Being injured at work can be a serious setback, physically as well as financially. An accident can be sudden or an aggravation of a pre-existing condition that is worsened by your job. In either case, employees who sustain injuries likely are entitled to workers’ compensation benefits. If you have a pre-existing condition that has been intensified due to the situation at a workplace in Philadelphia or the surrounding region, the workers’ compensation lawyers at Brilliant & Neiman LLC can help you with your claim and assert your right to benefits. We assist individuals throughout Eastern and Central Pennsylvania who have been hurt on the job.

Just because an employee has an underlying or pre-existing condition does not mean that he or she is not entitled to workers’ compensation benefits if that condition is aggravated or exacerbated by a work incident or environment. Sometimes a person does not even know that he or she has a pre-existing condition, since no symptoms had been present previously. Regardless of whether you displayed prior symptoms or knew about a pre-existing condition, your employer is required under Pennsylvania workers’ compensation law to provide medical care and wage loss benefits for the aggravation of a pre-existing condition.

These claims often rest on an analysis as to whether a work incident or duties have aggravated a pre-existing ailment so that it qualifies as an “injury.” For instance, an accident involving job responsibilities could lead to either a re-injury or a flare-up of a previous problem, such as back strains/herniated discs, joint conditions, arthritis, asthma, or carpal tunnel syndrome.

In addition, a pre-existing condition does not need to be related to your employment for you to qualify for workers’ compensation benefits. Harm from a previous job, a car accident, or another incident can be worsened by conditions at your current workplace. Only the new injury that is the basis for the claim must be related to work. Often, employers and their insurance companies will challenge claims by arguing that the injury is either not work-related or not disabling in nature. Seeking proper and documented medical treatment for any injuries is vital to substantiating your claim, and consulting a knowledgeable workers’ compensation attorney can also be important to make sure your rights are protected.

Under the Pennsylvania Workers’ Compensation Act, an employer is responsible for paying for all reasonable and necessary medical treatment that is related to a workplace injury. These benefits may include compensation for lost wages as well as medical bills, such as emergency room visits, in-patient treatment at hospitals or doctor offices, physical therapy, and any studies or tests necessary to treat an injury. The Act also specifies a formula to calculate the amount of compensation a worker is entitled to, using the amount of money that he or she had earned in the previous year.

Unfortunately, many insurers use a pre-existing condition against Pennsylvania workers with valid work injury claims to deny benefits that they deserve. The accident attorneys at Brilliant & Neiman LLC can assist you in pursuing your rights after you have been hurt on the job. Our experienced legal team has over four decades of practice helping injured individuals throughout communities in Southeastern and Central Pennsylvania, including Philadelphia, Warminster, Langhorne, Allentown, Reading, Willow Grove, Harrisburg, and Bethlehem. We are dedicated to asserting your rights against insurance companies. Contact us online or call us at 215-638-7500, at 610-740-1002 to discuss your claim and find out how we can help.