Understanding Aggravation Of Preexisting Conditions In Los Angeles
If you have a preexisting condition, you can still qualify for California workers’ compensation benefits. If an accident or your job duties make an old condition worse, you may have a claim. We can help protect your rights and seek benefits for the harm caused by your work.
At Berger & Michelena, our workers’ compensation attorneys have represented injured employees at every stage of their cases, including depositions and hearings. For more than 50 years, we have served injured workers throughout the Los Angeles area. Our experience includes workers’ compensation claims involving the aggravation of preexisting conditions.
Aggravation Of A Preexisting Condition
An aggravation of a preexisting condition happens when a work accident, exposure or job duty makes an existing condition worse.
Insurance adjusters may try to deny a claim by blaming a preexisting condition, but we look at how your work changed your condition and whether it caused new or greater symptoms, disability or treatment needs. Common conditions include:
- Degenerative disc disease and long-term back pain
- Arthritis and other joint problems
- Old repetitive strain injuries such as carpal tunnel syndrome
- Prior fractures near a new injury
Lifting, repeated movements or a sudden accident at work may make these conditions worse.
California’s Eggshell Plaintiff Rule And Preexisting Conditions
California’s eggshell plaintiff rule protects workers who already have an injury or health condition. If a work accident or exposure makes a dormant condition worse or “lights it up,” you may still qualify for benefits. An earlier diagnosis still allows you to pursue a claim when the work incident caused additional symptoms, disability or medical needs.
What You Need To Know Before Filing A Workers’ Compensation Claim For Aggravation Of Preexisting Conditions
Not every flare-up of an old condition leads to an approval of a claim. A strong case needs a work event, repeated strain or a clear change in symptoms tied to your job such as:
- A single accident, fall or lifting injury at work
- Repeated tasks performed over weeks or months
- A gradual worsening shown in medical records
The key is to show that your work caused a clear change in your condition such as increased pain, new limits on your work or a greater need for medical care.
Legal liability can also be divided through apportionment. This process determines how much of your permanent disability comes from your work injury and how much comes from an old condition, prior injury or another cause. If a doctor finds that part of your disability is due to a nonwork cause, the employer or insurer may owe benefits only for the portion attributable to your work injury.
Contact Our Los Angeles Workers’ Compensation Lawyer About Your Claim
A work injury that worsens an existing condition still deserves a fair review. Do not let an insurance adjuster’s assumptions stop you from pursuing your claim. Contact Berger & Michelena today at 800-488-4813 or through our online contact form to discuss your case with a Los Angeles workers’ compensation lawyer.