When an employee is injured on the job, they may be eligible for workers' compensation benefits. But what happens if the worker already has a medical condition before the accident? In Virginia, pre-existing conditions and workers' compensation claims can become complicated, but employees still have important rights.
Pre-Existing Conditions Do Not Disqualify You from Workers' Compensation
Under the Virginia workers' compensation law, employers must accept employees “as they are. If the injury is related to a pre-existing condition, the injury must show a clear connection to the job. If a workplace accident aggravates, accelerates, or worsens a pre-existing condition, the new injury may be compensable. For example, if someone with a prior back injury suffers a lifting accident at work that makes the condition worse, that employee may still qualify for benefits.
Proving a Connection to the Workplace is the Key to a Successful Claim
Insurance companies frequently dispute claims involving pre-existing conditions. They may try to argue that the pre-existing condition is the sole cause of the injury and that workplace accidents played no role. However, medical evidence, such as physicians' notes and diagnostic tests, can demonstrate the role a workplace injury played and help prove eligibility for workers' compensation.
Common Pre-Existing Conditions in Claims
Denied claims often cite back injuries, arthritis, and joint problems as conditions that are “pre-existing” and thus were likely not caused by incidents at work. Yet, Virginia courts consistently recognize that work-related aggravations are compensable.
It is crucial to demonstrate that the job-related accident was not a mere “natural progression” of a pre-existing condition but was instead a “contributing factor” that gave rise to the injury. It may seem like we're splitting hairs here, but the difference between an accepted claim and a denied claim is often in the margins.
Ackerman & Falcon's Experienced Attorneys Protect Workers and Their Rights
Workers facing these situations should seek immediate medical care and report the injury promptly. Consulting with an experienced Virginia workers' compensation attorney can also make a significant difference in the outcome of your claim, potentially leading to an approved versus a denied claim.
At Ackerman & Falcon, LLP, we understand how stressful it can be when an insurer blames your pre-existing condition instead of acknowledging your workplace injury. Our experienced attorneys gather medical evidence to challenge unfair denials, helping workers obtain the benefits they deserve. We protect injured employees across Virginia. If you need help with your workers' compensation claim, call our team at 703-288-1400 or message us online today.
