Pursuing Workers’ Compensation For Aggravation Of A Preexisting Injury
Not all workers’ comp claims involve healthy individuals who were hurt at work. Many workers have preexisting health conditions such as asthma, heart disease, arthritis, back issues and mental illness. If your working conditions or a job-related accident made your preexisting condition worse, you may be entitled to workers’ compensation for aggravation of that injury.
However, these cases are even more complicated than standard workers’ comp claims. They depend heavily on medical evidence. At Workers' Compensation Lawyer, Inc., in California’s Inland Empire, we know how to handle these challenging cases. Our legal team includes a certified specialist in workers’ compensation law.
Here, you will benefit from a pair of workers’ comp lawyers — with experience handling hundreds of claims on behalf of injured workers from all walks of life — working on your case.
Aggravation Vs. Exacerbation: What’s The Difference?
These legal terms have very different meanings under California workers’ compensation law:
- Aggravation refers to a new or increased disability, whether temporary or permanent. It also covers a new or changed course of medical treatment as a result of your work activity. Your worsened condition is treated as a new injury for purposes of workers’ comp.
- Exacerbation refers to a flare-up, worsening or recurrence of your preexisting condition. Exacerbated conditions are not considered new injuries.
Why It Matters, And How We Can Help
Aggravated injuries are eligible for workers’ compensation benefits under California law, but exacerbated injuries are not. However, it’s not always clear whether your worsened condition amounts to an aggravation or exacerbation of a preexisting injury. That’s why it’s so important to enlist legal help. Our attorneys can take a close look at your case to determine whether you have a claim for an aggravated condition. We know how to build strong cases, obtain the right medical evidence to support your claim and overcome any hurdles that arise along the way.
To discuss your aggravated condition during a free consultation, call 800-496-0563 or send us an email. You won’t have to pay attorney fees unless we get compensation for you, at which point we request 15% as a contingency fee.