Pre-existing Injury Aggravated by an Injury Covered By Workers’ Compensation
If you are injured on the job, and a pre-existing injury or illness is aggravated, you may be entitled to compensation for the total amount of the treatment. If it is shown that the work-related injury is a substantial need for the treatment, then you will be entitled to payment for the whole treatment. Your employer is liable for the expense to relieve and/or cure the injury of the employee. If a pre-existing condition was worsened by the injury, your employer must compensate you for the total amount of the treatment needed.
Pre-existing Injury Not Aggravated by an Injury Covered By Workers’ Compensation
If your pre-existing injury is separate and distinct from the work-injury, then your employer is not liable for the treatments for that injury. The burden is on your employer to prove that the medical treatment is not related to the injury. If the employer can adequately establish this, then he or she will not be liable for the cost of that treatment.
Future Treatment for Pre-existing and Work-Related Injuries Covered By Workers’ Compensation3>
If the pre-existing injury or disease and the new work-related injury combine for serious lifelong care, the employer will be liable for the compensation. For example, if the work-related injury aggravates a prior injury or disease, and the combination requires that the employee will need lifelong 24-hour nursing care, the employer will be liable for the compensation of care for the employee. Further, unless your employer can show that the treatment for the pre-existing condition did not combine with the new injury, he will be forced to compensate you. The two injuries must be so intertwined that the new injury did actually aggravate the previous one. This is also true if your prior condition was based on a prior work-related injury for which you were already compensated.
For more information about workers’ compensation pre-existing injuries or our services and experience, or to schedule a no-cost workers’ compensation pre-existing injuries confidential consultation regarding your situation, please contact us: