Many of us go to work with some pain each day. For example, you might have injured your back while playing basketball with friends, only to get up Monday morning and reach for the aspirin bottle so you can show up at work to earn some money. Other people have suffered injuries around the house while doing yard work or repairs. What happens if you get into a workplace accident and aggravate this injury? Are you covered by your employer’s workers’ compensation insurance?
As a rule, workers’ compensation is available for any on-the-job injury in Iowa. Things get a little complicated, however, when you have aggravated or reinjured a pre-existing injury. Call Ball, Kirk & Holm, P.C., to discuss your case. We have the legal knowledge to help navigate you through the workers’ compensation system and are available 24/7. You can schedule a free consultation with a Cedar Falls workers’ compensation lawyer in our office.
Is a Pre-Existing Injury Covered by Workers’ Compensation?
Yes, you are covered if your job aggravates your pre-existing condition. That means your job has made it worse. If your pre-existing injury is still the same, then you cannot claim workers’ compensation because your job hasn’t worsened the injury in any respect.
This is a medical question. You can expect a workers’ compensation insurer to ask about any pre-existing injuries. They will also probably review your medical history to see if you suffered a similar injury in the past. They can then use this information to argue you shouldn’t receive benefits.
For example, you could have hurt your knee in a car accident two years ago. At work, you twist the same knee and feel intense pain. You might stop working entirely to rest and eventually need rehab on your knees. A workers’ compensation insurer might claim you haven’t really made your knee worse and that your symptoms all stem from the original car accident injury. Consequently, they reject a workers’ compensation claim and refuse to cover your medical bills or provide other benefits.
This does happen. Insurers are never eager to pay workers’ compensation benefits, and they will latch onto any reason to deny a claim. They will pour over your medical history with a magnifying glass to see if you suffered a similar injury in the past which they can claim is pre-existing.
How to Prove a Pre-existing Injury is Aggravated
You can receive workers’ compensation if your on-the-job injury made it worse. Some common examples include:
- A second concussion. Anyone who has a prior concussion will likely suffer much more severe symptoms in a second or subsequent concussion. You might even end up hospitalized.
- Disc conditions. We have rubbery discs in between our vertebrae to provide cushion to the spinal column when we walk or twist our backs. Some injuries damage the disc, which can become aggravated by a second back injury.
- Subsequent joint injuries. Injuries involving joints are more complex than people imagine. They can lead to degenerative conditions when the cartilage is damaged. A second injury can make joint pain much worse, causing arthritis in even very young people.
You should go to the doctor immediately after your workplace accident. Your doctor can take imaging tests (like an X-ray or MRI) and perform other tests to gain a better understanding of what went wrong.
Some people suffer only a temporary aggravation of their pre-existing injury. For example, the intense pain in your knee might subside within a day, leaving you with familiar aches but no new pain. In that situation, you can expect an insurer to fight a workers’ compensation claim. They certainly will fight any attempt to receive disability benefits for time off from work.
Ultimately, doctors will probably argue among themselves about whether your condition was aggravated. Your doctor will probably say, “yes.” The company doctor will say, “No.” You should speak honestly about the pain you are feeling. After all, nobody knows what you are feeling but you.
Was Your Claim Denied?
Many workers are denied benefits because of a pre-existing injury. The denial notice should spell out the reasons you were not approved for benefits. Fight back—and call Ball, Kirk & Holm, P.C., to speak with a Cedar Falls workers’ compensation lawyer.
Our firm can bring an appeal of any denial. We understand how critical medical evidence is when fighting a denial based on an allegation of pre-existing injury. We work closely with doctors to document how your current symptoms are not simply carried over from your previous injury. Instead, they are new and more intense because your injury is much more aggravated.
If approved, you should receive medical benefits, including travel expenses to receive treatment. You might also qualify for disability benefits if you can’t work after aggravating your injury. Injuries often require at-home rest, and you shouldn’t be forced to work if that would interfere with healing.
Contact our firm and gather as much evidence as you can to share with us:
- A copy of your denial notice;
- Information about your accident, such as time and location;
- Details about all medical providers you have met with, including the hospital or physician;
- Any medical records or test results that you have in your possession;
- Information about your prior injury, such as when it happened and what care you received.
With this information, we can review your case to judge the strength of your claim. We can also present the evidence in a compelling way as part of a workers’ comp appeal.
Schedule Your Free Consultation
Most of us fight through pain every day to get the job done and provide for our families. No one is asking for special recognition. However, when your pre-existing injuries are aggravated at work, you should receive workers’ compensation benefits just like anyone else. Don’t let an insurer deny your claim by alleging you injured yourself outside of work. Instead, contact Ball, Kirk & Holm, P.C. to get expert legal advice from a team of dedicated workers’ compensation attorneys.