One of the most common questions workers have when they are injured at the workplace is, “am I entitled to receive compensation for pre-existing injuries? For example, if you sustained an injury while lifting a heavyweight box, you can quickly compensate for your injuries. However, the situation can be complex if you already have a back problem and your situation worsens while lifting a heavyweight box.
Usually, the employer or the insurance carrier will deny your claim saying that your injuries did not occur due to work. Instead, they will blame your pre-existing injuries. In such cases, you need assistance from a Virginia injured at work attorney who can understand your case and determine your eligibility for workers’ compensation.
What happens if the pre-existing injuries were aggregated due to someone else?
If you believe that the accident occurred due to someone else’s negligence, you can also file for personal injury. Note that you should always seek medical treatment for your injuries, even if you believe that there is no physical injury. Sometimes the injuries can be internal and cause complications in the future. A doctor will diagnose everything and guide you on the appropriate treatment for your incurred internal injuries. Additionally, you should always continue to seek doctor’s treatment and avoid delay. In case of delay in getting medical treatment, the insurance company or your employer will use it against you, saying that you are faking your injuries.
Under Virginia’s workers’ compensation act, you are entitled to get compensation if your previous injuries were exaggerated. Let us consider an example to grasp the concept more clear. Suppose you sustained a knee injury in high school due to soccer, but the same knee injury is aggravated during work. In such a case, you can file for workers’ compensation benefits. However, if the injury was already developing for months and you suddenly get injured, you may not be eligible for compensation.
What should you do if your pre-existing injuries get worse?
The first step is to consult a doctor and get a professional diagnosis. Second, you must seek legal advice from a skilled attorney who understands your situation and fights aggressively for your case. The attorney will also help gather evidence and ensure that you do not indulge in employers or the insurance company’s tactics to reduce or deny your claim and get fair compensation for your medical treatment and other injuries.
