Do Prior Injury And Medical Condition Affect Workmans Compensation

Section 6. Do Prior Injury And Medical Condition Affect Workmans Compensation

Many workers have suffered a prior injury or have a medical condition. Because states want to encourage people to work, workers compensation law take these two situations into consideration and generally provide coverage.

In all states, workman comp law provides that if an employee suffers a work related injury to a part of his/her body that was previously injured, the employee is still covered by workers comp. This is true even if the previous injury was not work related. For example, if you had previously injured your leg in a sports accident and it healed, but left you with a slight limp. Then you injure you leg in a work related accident. You would still be entitled to workmans compensation benefits.

Pre-existing medical conditions may be considered in determining the causal relationship between a work accident and the injury suffered. For example, if you have a heart condition and then suffer a heart attack at work, but you do not suffer any other injury, workers comp will probably not cover it. The cause of the injury (heart problems) was your pre-existing condition and was not work related.

If a pre-existing medical condition or physical condition is aggravated, exacerbated, or accelerated by a work related injury, then you should still receive workmans comp benefits. For example, if you have back problems, but can still do your job. Then you injure your back in a work related accident making your back injury worse, you should still be covered by workers comp.

This ebook is for general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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