What Happens When Job Duties Aggravate a Pre-Existing Condition?

 Posted on June 23,2023 in Workers' Compensation

All too often, workers who have grounds upon which to file a legitimate workers’ compensation claim refrain from doing so. Sometimes, workers fear retaliation or harassment. Others are simply convinced that they will not be able to sufficiently prove their claim. This latter concern is often a factor for workers who already struggle with physical challenges and whose job duties aggravate or exacerbate those challenges. By failing to file a claim and continuing to strain their bodies in order to make a living, these workers may keep pushing on the job to the point where they can no longer work at all.

Pre-Existing Conditions Do Not Disqualify a Worker from Workers’ Compensation Eligibility

There is little question that it is easier to demonstrate that work-related injuries were caused by an onsite accident witnessed by co-workers than it is to prove that harm has been caused by the work-related aggravation of a pre-existing condition. However, simply because proving this kind of case can be challenging does not mean that it cannot be done successfully.

Workers’ compensation claims adjusters are primarily concerned about whether someone’s current medical struggles were caused – totally or in part – by their work-related activities. As long as medical records and other evidence clearly illustrate that a pre-existing condition was aggravated or exacerbated by a person’s job duties, they will be entitled to seek benefits through workers’ compensation. A person may need to provide evidence that rules out other lifestyle choices – such as sports-related hobbies – as a cause for the harm they have suffered. With the assistance of a skilled attorney, an injured worker can take the correct steps to show that an injury was work-related, ensuring that they can receive benefits covering their medical expenses and loss of income.

Connect With a Gilroy Workers’ Compensation Lawyer

If it has become apparent that your job-related activities have aggravated or exacerbated existing health issues, it is time to consider scheduling a free consultation with the knowledgeable team of Santa Clara County workers’ compensation attorneys at Cramer + Martinez. Taking advantage of a risk-free legal consultation at no cost can allow you to learn more about your right to recover compensation, how to prove a pre-existing aggravation case, and how our team can help.

It may be tempting to simply use your personal health insurance to seek medical care as you continue to perform duties at work. However, by failing to address your current condition and ensure that work-related injuries are addressed correctly, you may not benefit from the rest, recovery, and financial resources that you need – and deserve – in order to remain working for as long as you care to. To learn more about how we can help with your case, you can submit a contact form on our website, or you can call us at 408-848-1113. We look forward to speaking with you.  

Source:

https://www.dir.ca.gov/workers%27_comp.html