CAN I CLAIM WORKERS’ COMPENSATION FOR A PRE-EXISTING INJURY IN VIRGINIA?
People often ask us - Can I claim workers’ Compensation for a pre-existing injury? Under the Virginia Workers’ Compensation Act, an aggravation of a pre-existing condition may be included in an injury. Thus, an employee with a pre-existing injury may seek workers' compensation benefits, as far as that pre-existing injury is aggravated or worsened by work-related activities or the working environment. At Kalfus & Nachman, our team of expert workers' compensation lawyers is committed to helping you get the fair compensation you deserve to recover.
Pre-existing condition & Workers' Comp in VA
In the context of the workers' compensation, pre-existing injury or condition can be defined as the injury or condition that was believed to exist prior to the current work injury. In Virginia, the employer and his insurer will be considered liable for a work accident that aggravates or worsens the pre-existing condition an employee has. Common pre-existing conditions include arthritis, herniated disc, knee injury, shoulder injury, etc.
However, Virginia does not cover ordinary life diseases that are aggravated by, but not induced by, the employment. The adjuster always analyzes the specifics of the accident at work, prior medical care for any pre-existing condition and the concerns raised by the claimant pre-accident as opposed to the post-accident scenario.
Benefits that you may have the right to recover
In the event that your pre-existing condition got aggravated by a work accident, you may be entitled to recover the expenses of any medical treatment required for the same, including medicines, medical tests, occupational or physical therapy, and adaptive devices. You may likewise have the option to recover lost wages or other disability benefits. A disability can be temporary or permanent, and you may receive benefits accordingly.
Pre-existing injuries can complicate your workers' comp claim and may have a significant impact on your benefits. If you want your attorney to be able to craft and develop your case so that you have the best chance possible of a favorable resolution. You should tell your attorney about all of your pre-existing conditions, prior injuries, and past workers’ comp or personal injury claims. Share all the documents related to your prior injuries or claims, and the details of medical providers who treated you with your lawyer. It will help them in distinguishing your current workplace accident injury from your pre-existing condition and laying a strong foundation of your workers' comp claim.
Your employer and their insurer will always try to gather evidence to show that your current disability is a result of your pre-existing condition and not the workplace injury. Hence, it is vital to have an experienced attorney by your side. Virginia's Workers' Compensation Attorneys at Kalfus & Nachman will aggressively advocate on your behalf to recover the fair workers’ compensation benefits.
Call us for a free consultation today: 855-880-8163