Harrisburg Aggravation & Exacerbation of Pre-Existing Conditions Lawyer
If your employer told you that receiving workers’ compensation benefits because of an aggravated or exacerbation of a pre-existing condition, they are wrong. Pennsylvania law allows workers with pre-existing conditions to receive medical and financial benefits for exacerbation of those injuries caused on the job, and the Harrisburg pre-existing conditions lawyers at Ira H. Weinstock, P.C. know how to procure these benefits for you.
What Pennsylvania Law Has Time and Again Established
In William Carmack : v. Workers’ Compensation Appeal Board (PJ Dick, Inc./Trumbull, it is established that an “aggravation of a pre-existing degenerative condition constitutes a compensable
work injury.” Many other cases have come to the same conclusion, which is that those who have pre-existing conditions are eligible to receive medical benefits and wage replacement benefits when, in the course of their employment, their injuries are exacerbated or aggravated.
Common Examples of Pre-Existing Conditions That Become Aggravated or Exacerbated
A pre-existing condition that becomes aggravated occurs when trauma or repetitive stress inflames the underlying injury, while exacerbation causes further deterioration or damage to the affected body part. Repetitive strain injuries are the most common type of injury on the job, affecting 1.8 million American workers annually according to Health Day and OSHA, and examples of these pre-existing repetitive strain conditions that are often exacerbated or aggravated include:
- Building disc;
- Herniated disc;
- Other chronic back pain;
- Tendonitis, arthritis, or bursitis in any joint;
- Tennis elbow;
- Carpal Tunnel Syndrome;
- White finger syndrome; and
- Rotator cuff tendonitis.
Non-repetitive strain pre-existing conditions can be compensated for too under workers’ comp benefits. For example:
- You fractured your leg years ago and you recently re-broke the leg at work;
- You suffered a concussion six months ago while playing softball and, at work, you recently hit your head, causing another concussion or complications to your previous concussion;
- You strained your back at another job five years ago and last week you tore a ligament while lifting an object; and
- You were recently recovering from hip surgery from a previous incident and suffered a slip and fall at work, requiring an additional surgery.
Arguments You Will Likely Hear From Your Employer or Insurer
While exacerbation and aggravation of pre-existing conditions are covered, your employer or insurance company will likely still put up a fight. They are likely to claim that:
- The pain or injury you are now facing was solely a pre-existing injury, and your current job did not cause exacerbation or aggravation;
- The new aggravation of your injury was caused outside of work, such as participation in a sport of hobby;
- You are exaggerating the pain, immobility, and discomfort that you feel;
- Your level of impairednes does not warrant total disability; or
- If you currently work two jobs, the exacerbation or aggravation occurred at your other job.
Call Our Harrisburg Workers’ Compensation Attorneys
Receiving fair workers’ compensation benefits is becoming more and more challenging for injured workers as the cost of medical care rises and insurers and corporate employers continue to stick their noses in Pennsylvania employment law. For help with an injury claim, you need to work with an attorney. Call our Harrisburg workers’ compensation attorneys at Ira H. Weinstock, P.C. today at 717-238-1657 to schedule a free consultation.