Workers' Compensation for those Suffering from Aggravation of a Pre-existing Injury

Not all Workers' Compensation cases involve a completely healthy individual who gets injured out of nowhere at work. Oftentimes Workers’ Compensation cases will involve workers who have preexisting health conditions that might get in the way of them being able to work. 

There is a myth that employers do not have to cover workers who suffer from preexisting conditions. This is not the case. You may still be entitled to coverage under the Workers' Compensation system. This is why it is always important to consult a competent Workers’ Compensation lawyer in order to arm you with the rights you deserve.

But What Does It All Mean?

In these kinds of situations, understanding medical terminology can be confusing, especially when the work-related injury is an aggravation of a pre-existing condition. For instance, do you know the difference between an aggravated injury versus an exacerbated injury? Do you know what to do if you have a pre-existing neck injury settlement? These questions may seem arbitrary, but the answers may be what you need to get the compensation you deserve.

Attorneys who practice in the area of Workers' Compensation, like the ones at Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP (also known as GEKLAW), can be essential in understanding how these terms can affect your Workers' Compensation case and how to you get the best treatment for your case.

What Is A Preexisting Condition?

A preexisting condition is defined as any injury or illness that affects a worker prior to a workplace accident or exposure. These conditions are often made worse or flare up again because of a work environment or condition. Pre-existing conditions cover both the physical injuries and the mental illnesses a person may accrue over their life.

Examples of Preexisting Conditions

There are many different injuries and illnesses that are classified as a preexisting injury. 

Ultimately, the term is defined as an ailment that an employee has before their case’s workplace accident or exposure. To get a clearer image of what a Preexisting Condition can look like, here are some examples:

• ACL tear
• Arthritis
• Asthma
• Back injury
• Carpal tunnel syndrome
• Gastrointestinal Issues
• Heart Disease including high blood pressure
• Herniated disc or fracture
• Joint Issues
• Mental Health Disorders
• Neck injury
• Orthopedic problems
• Previous injury from an accident at home or in the car
• Shoulder dislocation or concussion
• Strains and sprains
• Tennis elbow (epicondylitis)

This is just a small fraction of the injuries and illnesses that could be considered preexisting conditions in a Workers' Compensation case. Ultimately the best thing to do is disclose anything you think might be a preexisting condition with your employer and doctor, and it is always best to contact a trained Workers' Compensation attorney for any clarifying questions.

Aggravation v. Exacerbation

The terms "aggravation" and "exacerbation" are often used interchangeably to describe a situation in which a pre-existing injury or other medical condition is affected by a new injury. In your everyday conversations, this may seem unimportant or pedantic. 

However, the difference between the two terms is extremely important for your Workers'  Compensation case.

An exacerbation results when a pre-existing condition is made worse temporarily by a new injury but will eventually return to the same physical condition as before the injury. 

On the other hand, an aggravation occurs when a pre-existing condition is made worse permanently by the new injury.

What Does the Difference Mean to Your Case?

Regardless of whether you had a pre-existing condition before your work-related injury, you may be entitled to financial compensation. However, the difference between an exacerbated injury and an aggravated injury is one that can define the penultimate value of your case.

If there is in fact a permanent aggravation, more than a simple flare-up or temporary worsening of symptoms, then in most cases financial compensation should be paid.  

Examples of aggravated vs exacerbated cases:

Aggravation Case

• An aggravation case can require injections, serious surgeries, and many doctor's visits.
• An aggravation case could be an employee with a pre-existing degenerative disc disease making them more prone to back injuries, who later experiences a work-related injury due to lifting heavy materials and suffers a herniated disc in the back.
• An aggravation case could be an employee with respiratory issues who is then exposed to toxic fumes without proper protective equipment.
• An aggravation case could be a car accident that creates a pre-existing injury.

Exacerbation Case

• An exacerbation scenario might require a few doctor's visits and/or physical therapy.
• An exacerbation scenario could look like a warehouse worker who deals with a stress-related injury and has that exacerbated by the employer's failure to provide adequate breaks.
• An exacerbation case could take the form of a firefighter who suffers from post-traumatic stress disorder and finds his symptoms exacerbated by emergency response situations.
• An exacerbation case could involve a construction worker with a pre-existing knee injury, whose condition is worsened by the employer's failure to provide proper safety equipment or training.

Benefits That You Might Be Entitled to Recover

There are five basic types of Workers' Compensation benefits. These include medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits. Medical care covers the costs of necessary medical treatment. Temporary disability benefits cover financial assistance for those who are temporarily unable to work due to their workplace injury. Permanent disability gives workers who suffer lasting impairments or disabilities benefits. Supplemental job displacement benefits offer vocational retraining or skill enhancement opportunities to workers who are unable to return to work. Finally financial support to the dependents of workers who tragically lost their lives as a result of work-related injuries or illnesses.

If you sustained an aggravation of a preexisting condition, you may be entitled to recover the cost of medical treatment needed because of the aggravation, including new prescriptions, physical therapy, and even adaptive devices.

A Workers’ Compensation Lawyer Is Crucial

The importance of these benefits should not be trivialized, as some may be crucial and 

often life-changing. Workers who have experienced a new or worsened disability due to aggravation could find themselves finding relief or at least support. This is why it is of the utmost importance to be clear if you are experiencing temporary exacerbation or permanent aggravation.

In these situations, where the gray area could mean the loss or gain of crucial benefits,  legal help is essential in determining whether you have a claim for an aggravated condition. Ultimately the goal of a compliant Workers’ Compensation attorney and an employee who has suffered from an illness or injury is the same. They both want to build a strong case, obtain the right medical evidence, and end up getting what everyone deserves.  

Our team of attorneys at Gordon, Edelstein, Krepack, Grant, Felton & Goldstein (GEKLAW) help workers in California do just that and guide you through the legal process so that you are informed of your rights concerning aggravation of a preexisting condition or injury.