How Prior Injuries May Affect Your Workers Comp Claim

William J. Kropach

As we have noted in prior posts, workers compensation is supposed to help injured workers meet their financial obligations while they recover from their injuries and cannot work. The benefits stemming from these claims are based on a formula that assigns a particular monetary amount for each type of injury.

But for those people who have pre-existing conditions, how will a new workers comp claim affect them? This post will provide a few answers.

Injury-related to prior work comp claim: If your current injury is an aggravation of an injury stemming from a prior workers compensation claim, chances are that your benefits may be reduced to account for the prior claim. Indeed, your employer will still be responsible for your medical bills and temporary disability benefits, but your benefits may only be attributable to your current injury.

Injuries unrelated to prior work comp claim: If your injury has aggravated a prior injury, the same principles apply. Essentially, your work comp benefits will only account for the worsening of your condition due to the work action or accident.

In either scenario, it would be beneficial to work with a doctor who is familiar with the aches and pains that injured workers experience, so that they can impart the proper phrases and terminology to accurately describe these injuries. After all, the exposure to one’s employer is large enough that an injury claim may end up being litigated. As such, having as much accurate and thorough medical information as possible can be helpful.

If you have questions about your workers comp claim, an experienced Los Angeles workplace injury attorney can advise you.

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