Workers’ Compensation and Pre-Existing Conditions

Some workplace injuries simply do not create new medical problems, they make other conditions re-appear. Workers who may have had prior back pain or bad knees could see these pre-existing conditions come back with a vengeance if the right circumstances are there.

Generally speaking, any workplace injury that aggravates a pre-existing condition is covered under workers’ compensation in Colorado.

Some employers though try and deny workers’ compensation claims by telling the worker pre-existing conditions are not covered.

If the condition was caused or aggravated by a non-work related event, then this argument from employers has merit.

But if a pre-existing condition was aggravated, or reappeared, due to activities at work, treatment for these conditions is covered under workers’ compensation in Colorado.

Sustaining a workplace injury that aggravates a pre-existing condition is a terrible position to be in.

If you’ve sustained a workplace injury that’s aggravated a pre-existing ailment or condition, you need to answer the following questions:

•    Was your pre-existing condition bothering you before your injury at work?
•    Did the incident cause your pre-existing condition to hurt more?
•    During or after your injury, did any strange noises or feelings come from the area of your pre-existing condition?
•    Has pain gone to a different location in the same body part affected by the pre-existing condition?
•    Have you experienced even more limits on your range of motion after your injury?

If you’ve answered yes to any of these questions, then it’s likely your workplace injury is covered by workers’ compensation in Colorado. And when considering pre-existing conditions and workplace injuries, we consider how the injury is affecting treatment for your current or pre-existing condition.

Will treatment for the pre-existing condition need to resume or increase in frequency as a result of the workplace injury?

To learn more or see if treatment for a pre-existing condition is covered under workers’ comp, contact Denver workplace injury attorneys at the Babcock Law Firm today for a free consultation.

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Categories: Workers' Compensation
Tags: Colorado workers' compensation lawspre-existing conditionspreventing injuryworkplace accidents
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