Skip to main content

If i have a pre existing condition do I still have the right to workers comp

Chino Hills, CA |

I was hurt at work two months ago but have been unable to return thus far. I slipped on a greasy floor and reinjured myself. My employer insisted I got cleared for work but after I went to my doctor out of pocket she said she could not clear me because it was a workers comp issue. My employer told the hr department that I was just standing there and collapsed once I talked to them and assured them this was untrue they gave me a workers comp doctor. It has been two months and now they are saying due to discrepancies with my story and there's my claim is on a 90 day hold. Since I have a preexisting condition is this worth pursuing?

Attorney Answers 4

Posted

You can bring a claim even if you have a preexisting condition if it made it worse. See http://www.wcwebzine.com/a-z/aggravation.htm
Whether it is worth pursuing depends on whether the accident made the preexisting condition significantly worse, etc. You have not said what you injured so it is hard to answer this.

Mark as helpful

8 lawyers agree

2 comments

Asker

Posted

It did hurt for awhile but I think that it is better now I was just trying to recover loss of wages but is there something else I shud be going for?

Marjory Harris

Marjory Harris

Posted

How many days of lost time?

Posted

Yes. Retain a local workers compensation lawyer. Avvo has a terrific "find a lawyer" tool to located a top-rated Avvo attorney with a low contingency fee. Good luck.

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

Mark as helpful

6 lawyers agree

Posted

Yes as long as the pre existing condition was aggravated by the work activity. It can affect how the claim is handled by the insurance co, and it may be denied, so talk to a workers compensation attorney near you.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

Mark as helpful

5 lawyers agree

Posted

yes you can. if you were employed and the injury arose out of work related duties or activities then you have a claim and the employer is stuck with whether or not your preexisting condition was aggravated. That is one of the chief differences between PI and WC. Talk to a lawyer.

This response is to a question posed in what is considered to be a hypothetical situation. The response is for educational and reference purposes only and should not be relied upon as legal counsel. No fees are to be exchanged for this response and the attorney/client relationship has not been established in this context. You should contact an attorney within the jurisdiction of this matter for legal counsel.

Mark as helpful

4 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics