12.16.2016

Workers’ Compensation And The Aggravation Of Pre-Existing Conditions

Powell Law has represented Pennsylvania workers for over a century. Not only do we obviously pride ourselves on our overall experience in workers’ compensation cases, we especially pride ourselves on our representation in cases involving workers who have suffered injuries in somewhat unusual circumstances. A work injury which aggravates a pre-existing condition is one such example. The Pennsylvania Workers’ Compensation Act (the “Act”) allows a worker recovery for a work injury resulting in the aggravation of a pre-existing condition.

Employees that have an underlying condition are entitled to workers’ compensation Workers' Compensation And The Aggravation Of Pre-Existing Conditions benefits if the condition is aggravated by an incident occurring or related to work or the work environment. It is not all that uncommon for a worker to be unaware that he or she has a pre-existing condition, since no symptoms may be readily apparent. However, whether or not a worker displayed symptoms or knew about a pre-existing condition has no effect on potential eligibility for workers’ compensation benefits.

A claim is often decided on analysis of whether a work incident or job duties aggravated a pre-existing condition in such a way that the ailment qualifies as an injury under the Act. Certain jobs have a propensity to cause certain types of injuries. If a worker, already injured on the job, returns to work and continues performing the same tasks, it is likely that some re-occurrence of the former injury will result. The occurrence is practically inevitable when an already injured area of the body re-experiences a similar form of physical stress. The results of this repeated stress? Arthritis, back strains, herniated discs, joint conditions, and carpal tunnel syndrome.

It is also important to know the pre-existing condition itself does not need to be related to your employment in order to qualify for workers’ compensation benefits. Only the new injury that forms the basis for the instant claim must be related to work. Thus, a condition from a previous job or accident may be worsened by a current job-related event. However, medical treatment for any injuries must be properly documented to support a claim.

Injuries occurring in the course and scope of employment are compensable under the Pennsylvania Workers’ Compensation Act, even if they constitute the aggravation of a pre-existing condition. Pennsylvania law mandates an employer responsible for paying all reasonable and necessary medical treatment related to a workplace injury. These benefits may include compensation for lost wages as well as medical bills.

At Powell Law, we effectively assist clients throughout the entire workers’ compensation claims process and work to recover all due compensation, including those involving pre-existing conditions. For 110 years, Powell Law has represented Pennsylvania workers in workers’ compensation cases in the Scranton/Wilkes-Barre area. Consult an experienced Pennsylvania workers’ compensation attorney. Contact us at (570) 961-0777. The consultation is FREE!

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