As with health insurance coverage, most employees believe workers’ compensation does not cover illness or injuries related to preexisting conditions. At the Law Offices of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C., we have successfully shown that work-related injuries can exacerbate a previous injury or disability requiring treatment, and workers’ compensation may apply, even preexisting conditions that were not job-related.
As a general rule, when a workplace injury aggravates a preexisting injury or condition that prevents an employee from working, the entire disability is considered work related. While a preexisting condition doesn’t have to be job related, the aggravation or exacerbation of the condition must be related in order to entitle workers to receive workers’ comp benefits.
Contact us at the Law Office of E. Gregory M. Cannarozzi, Counsellor at Law, L.L.C. to arrange a free consultation with a workers’ compensation lawyer regarding an aggravated or chronic injury claim.
If your preexisting condition is job-related, but an escalation of the injury is the result of normal daily activity, the new injury would not qualify for compensation under workers’ comp. In addition, preexisting conditions made worse by a workplace injury require employers to make reasonable accommodations for disabled workers under federal ADA (Americans with Disabilities Act) laws, so long as they can still perform the duties of the job.