I Was Already Injured. Can I Be Denied Benefits?
When it comes to workers’ compensation in Pennsylvania, employers must accept their employees “as they are.” In other words, you cannot be denied your rightful workers’ compensation benefits because of a condition that you had when you started at your job.
Take migraines as an example. Suppose an employee was hired who had occasional migraine headaches. Her employer would not be required to grant workers’ comp benefits for any required treatment needed to address symptoms of the original condition. However, if the employee is exposed to loud noise on the job and her migraines get worse, she may be entitled to workers’ compensation, even if someone who did not suffer from migraines would not have been bothered by the same loud noises.
Proving Your Injuries Were Made Worse at Work
Suffering an injury at work related to your pre-existing condition can bring up some tricky situations. For example, imagine you have a history of arthritis in your left knee. One day, at work, you hurt your left knee. Then, symptoms arise which make you unable to perform your job. What is to blame for your inability to work: your work-related injury, or your pre-existing arthritis?
Like other workplace injury claims, cases involving aggravated conditions often rely on the opinions of the treating physicians. A doctor must indicate, with a reasonable degree of certainty, that the workplace accident aggravated your preexisting condition.
Situations involving aggravation injuries are complex. Allow us to guide you through them. Our fiercely compassionate team can consult with you, help you gather the necessary documentation, and seek the financial compensation you and your loved ones deserve.