Black woman wearing business attire sitting at a work desk holding her shoulder and lower back

Pre-Existing Conditions and Workers’ Compensation

If you are living with a pre-existing condition, you may feel like you are out of options regarding workers’ compensation if the symptoms worsen over time. However, this is not always the case. You may be eligible to pursue a workers’ comp claim if your pre-existing condition was worsened as a result of your work duties. Here's what you need to know.

Pursuing a Workers' Comp Claim for Aggravated Pre-Existing Conditions

In most cases, your eligibility to pursue a workers' compensation claim will depend on the circumstances of your specific condition. This may include whether or not you can prove that your employer knew about your pre-existing condition and still required you to perform duties that would aggravate it.

There are two main ways to prove that your employer knew about your pre-existing condition:

  • By showing that you told your employer about it before starting the job, or
  • By demonstrating that your employer should have known about the condition based on its observable symptoms.

Once you have established that your employer knew about your pre-existing condition, you will need to show how your work duties aggravated it. This can be done by providing medical evidence that links the aggravation of your condition to your work duties. Your workers’ compensation lawyer can help you gather the necessary evidence to support your claim.

What Benefits May I Be Eligible to Receive?

If your claim is successful, you may be eligible to receive a number of different benefits, including:

  • Medical expenses - You may be reimbursed for any medical costs related to the treatment of your aggravated pre-existing condition, such as doctor's visits, hospital stays, prescription medications, and physical therapy.
  • Lost wages - If your aggravated pre-existing condition has caused you to miss work, you may be eligible for workers' compensation benefits to help replace some of your lost income.
  • Permanent disability benefits - In some cases, an aggravated pre-existing condition can result in a permanent disability that prevents you from returning to work. If this is the case, you may be eligible for permanent disability benefits.

Questions? Our North Dakota Attorneys Have Answers

When you’ve been injured in the workplace or had a condition worsen as a result of your duties, our team is prepared to help you through the workers’ compensation process. To learn your rights and how we can help, schedule a free consultation with a member of our team by calling (855) 245-5100.

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