California enforces some very robust and comprehensive workers’ compensation regulations in the United States that require almost every employer to purchase workers’ compensation insurance. If you suffer an injury at work, you are likely covered by your employer’s policy and have the right to file a claim for benefits. If you have a pre-existing injury that becomes aggravated by an accident at work, you may wonder whether this still qualifies for workers’ compensation benefits. While created to protect workers, these laws can be complicated, and that’s especially true for those who may have a pre-existing condition.

An experienced workers’ compensation attorney is an invaluable asset, no matter what type of workplace injury you suffer. Your attorney can help file your claim for benefits and resolve any disputes that might arise with your employer and/or their insurance carrier. They can be especially helpful if you encounter any unexpected complications with your claim, such as a dispute regarding an aggravated pre-existing injury.

Qualifying for Workers’ Compensation Benefits

If you are a covered employee and your employer has appropriate workers’ compensation insurance coverage, you should have minimal trouble filing your claim for benefits if your injury occurred at work. When it comes to pre-existing injuries that become aggravated by work or when new injuries aggravate pre-existing conditions, the California Workers’ Compensation Act generally regards these issues as new injuries.

You have as much right to claim workers’ compensation benefits for an aggravated pre-existing injury as you would for a new injury from work. You need an evaluation, during which a workers’ compensation physician will examine your injury to determine your level of disability. This same rule applies to aggravated pre-existing injuries, but the review process will likely take longer due to the fact that the doctor conducting your review will need to see your previous medical records.

Benefits for Aggravated Pre-existing Injuries

An injured worker can expect two types of compensation for a workplace injury. Their employer’s insurance carrier will pay for all medical care they need to reach maximum medical improvement from their injury, and they can receive ongoing disability benefits for the length of time they cannot work because of their injury. This rule applies to a pre-existing injury that becomes aggravated by work or if a new injury aggravates a separate pre-existing injury.

Some injured workers can qualify for partial disability benefits if they can work after their injury but cannot earn as much. Others will receive total disability benefits when they are completely unable to work because of their injury, and these benefits may continue for up to 104 weeks. Your workers’ compensation attorney can help navigate the claim filing process, resolve any issues that arise with your claim, and verify that you receive a fair determination of benefits from your employer’s insurance carrier. Disputes are more likely to occur with claims pertaining to aggravated pre-existing injuries, but having experienced legal counsel on your side helps you prepare for any such problems with your case.

FAQs

Q: How Can a Pre-existing Injury Affect Compensation for a New Injury?

A: You have the right to workers’ compensation benefits for any injury suffered while working. If you have a pre-existing injury that becomes aggravated through work or by a new injury, it’s understandable to wonder how this may affect your benefits. Under the California Workers’ Compensation Act, a pre-existing aggravated injury is treated as a new injury for the purposes of workers’ compensation benefits determinations.

Q: What Qualifies as a Pre-existing Injury?

A: A pre-existing injury is any injury you suffered prior to your new injury. This could be from a separate work-related accident or an injury you sustained before you started your job. Many people with acute traumatic injuries will experience some level of long-term complication, some of which may become aggravated in the future from subsequent work injuries.

Q: What Counts as Significant Aggravation of a Pre-existing Injury?

A: Usually, aggravation of a pre-existing injury will qualify as a new injury for the purposes of workers’ compensation. If the aggravation occurred from work, the claimant has the right to the same benefits as they would if the injury was completely new. When it comes to determining whether aggravation is significant, this usually comes down to a medical review from a workers’ compensation physician. They will review the claimant’s medical records and the severity of the injury to determine the level of impairment the aggravation has caused.

Q: How Much Can I Claim in Benefits for an Aggravated Pre-existing Injury?

A: State workers’ compensation laws allow the victim of any work-related injury to receive full compensation for all their medical expenses as well as ongoing disability benefits for the length of time they cannot work due to the injury. The total of your claim depends on the level of treatment you require to achieve maximum improvement from the injury as well as how much functional capacity you retain after recovering as much as possible.

Q: Do I Need to Hire a Workers’ Compensation Attorney for a Pre-existing Injury?

A: Although it is not required for you to have legal counsel to file your claim for workers’ compensation benefits, you are more likely to secure the maximum amount of benefits possible under state law with an attorney representing you. Aggravated pre-existing injury claims are a bit more complex than most standard workplace injury claims, so having legal counsel you can trust on your side can make all aspects of your claim-filing process much easier to handle. You will also be more likely to maximize your benefits with an attorney’s help.

Experienced Workers’ Compensation Attorneys

Pratt Law Corporation has extensive experience handling all types of work injury cases on behalf of clients, including those who suffered aggravation of pre-existing injuries in addition to their new injuries from work. No matter what your case requires, you can count on our team to provide ongoing support and reassurance as you seek compensation for your injury. Contact us today and set up a free meeting with us to learn more about the legal services we provide.