JENKINTOWN PERSONAL INJURY ATTORNEYS

An employee who sustains an aggravation of a pre-existing medical condition while working is entitled to recover Workers’ Compensation Benefits according to The Pennsylvania Workers’ Compensation Act. This is true even if the initial medical condition was not work related. As long as the aggravation occurs while the employee is performing work related duties, its covered.

In many cases, employers and insurance carriers will deny Workers’ Compensation Benefits alleging an “injury” did not occur at work and argue that the injury was pre-existing. While they may be correct that the actual “injury” was not work related, the aggravation of the condition certainly may be.

If your workers’ compensation claim is denied on this basis, you should seek the assistance of counsel in filing a claim petition alleging that your injury occurred as a result of your employment. Sometimes your pre-existing injury worsens due to the work related trauma. For instance, if you had pre-existing degenerative disc disease in your back and was lifting a trash can and felt back pain, it is possible you now have a worse condition in your back such as a herniated disc. It will be up to the Workers’ Compensation Judge to determine whether you sustained an injury OR an aggravation of a pre-existing condition at work. Assuming the Judge finds in your favor, your claim will be successful.