Can You Get Workers’ Comp For A Pre-Existing Condition Made Worse At Work?

You had a bad back before you started this job. Now it’s worse. Much worse. Can you still file for workers’ compensation?

Yes, you can.

Connecticut law doesn’t shut you out just because you had health problems before your workplace injury. If your job made your condition worse, you’re entitled to benefits. At Brown Paindiris & Scott, LLP, we’ve seen this situation countless times, and we know how to fight for workers who’ve been told their prior injuries disqualify them.

What Counts As A Pre-Existing Condition?

A pre-existing condition is any injury or illness you had before your work-related incident. It could be something you’ve dealt with for years or a recent problem that wasn’t fully healed. Common examples include:

• Chronic back pain or herniated discs

• Arthritis in your joints

• Old shoulder or knee injuries

• Carpal tunnel syndrome

• Heart disease or respiratory issues

Having one of these conditions doesn’t automatically block your claim. What matters is whether your work made things worse.

Connecticut’s Aggravation Rule

Here’s where Connecticut law works in your favor. The state follows what’s called the “aggravation rule.” You don’t have to prove your job caused the original problem. You only need to show that it aggravated, accelerated, or contributed to making it worse.

Let’s say you had mild arthritis in your knee. Manageable pain, nothing that stopped you from working. Then you slip on a wet floor at work and your knee gets seriously damaged. That fall didn’t cause your arthritis, but it turned a minor issue into something requiring surgery. That’s covered.

Or maybe you had carpal tunnel that you could live with. But after months of repetitive motions at your job, the pain becomes unbearable and you can’t use your hands properly. That aggravation counts.

Our Hartford workers’ compensation lawyers handle these cases regularly. Insurance companies love to deny claims when there’s any hint of a prior injury. We’ve gotten good at proving the connection between your work and your worsened condition.

Proving Your Work Made Things Worse

This is the tricky part. You’ll need solid medical evidence showing that your job actually contributed to your decline. Not just that you got worse, but that work activities played a role.

Strong medical documentation includes:

• Records showing your condition before the injury

• Current medical evaluations demonstrating how much worse you’ve gotten

• A doctor’s opinion linking your work duties to the aggravation

• Documentation of what your job actually requires you to do physically

We often bring in medical professionals who understand workers’ compensation cases. They can explain to the court exactly how your job duties affected your health. A doctor who gets these cases can be the difference between approval and denial.

How Insurance Companies Push Back

Don’t be surprised when the insurance company fights your claim. They’ll argue that your symptoms are just your pre-existing condition doing what it was always going to do. They’ll pull out your old medical records and insist your job had nothing to do with it.

Another tactic they use is apportionment. They might admit your work contributed a little, but they’ll claim only a tiny percentage of your current condition is work-related. It’s a strategy to pay you less.

These arguments are designed to save them money. Period. Having someone on your side who knows these tactics helps you respond with the right evidence and medical testimony.

What You Can Receive If Your Claim Gets Approved

If you win your case, several types of benefits become available:

• Medical treatment for your aggravated condition

• Wage replacement when you can’t work

• Compensation for permanent impairment

• Vocational rehabilitation if you can’t go back to your old job

You should receive full compensation for the work-related aggravation. Not just the portion that goes beyond your pre-existing condition. Connecticut law recognizes that when work makes your health worse, you deserve full benefits for the resulting disability.

What You Should Do Now

Don’t assume you’re not eligible just because you had problems before. Too many injured workers talk themselves out of filing and miss benefits they actually deserve.

Report your injury to your employer right away. Get medical attention immediately. And here’s something important: be honest with your doctor about your medical history. Trying to hide a pre-existing condition will hurt you later. Instead, explain how your symptoms changed or got worse after your workplace injury.

If your claim gets denied or the insurance company is giving you the runaround, it’s time to call us. The Hartford workers’ compensation lawyers at our firm know how to build strong cases for workers with prior injuries. We’ll gather the medical evidence you need and push back against insurance company tactics. You’ve got rights, and we’ll make sure they’re protected.