Can You Get Alabama Workers’ Compensation If You Aggravate a Pre-Existing Condition?
You could still qualify for workers’ compensation benefits in Alabama if you aggravate a pre-existing condition or injury while performing job-related tasks. But if you can’t prove the aggravating factors are related to your work, you might not get the benefits you deserve.
Getting workers’ compensation for aggravating a pre-existing injury or health condition is often complex and time-consuming. Employers and workers’ compensation insurers will fight to deny liability and protect their bottom lines. You need an experienced attorney who will aggressively advocate for your right to recover benefits after the work-related aggravation of a pre-existing condition.
If you have a pre-existing injury that was aggravated by work-related activities in Alabama, contact Gartlan Injury Law today for a free case evaluation with our workers’ compensation lawyer. We can answer your questions and help you pursue the financial benefits you need for your recovery.
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Are There Exceptions to This Rule?
Aggravating a pre-existing injury or condition does not qualify for workers’ compensation benefits in Alabama simply because it occurred while you were working. Instead, you must prove that your work activities contributed to the aggravation of your pre-existing condition. If your employer can show that you would have aggravated the pre-existing injury or illness regardless of your work situation, they might have grounds to deny your claim.
What Are Some Examples of a Pre-Existing Condition?
Common examples of pre-existing conditions and injuries that might flare up or worsen due to work activities include:
- Herniated spinal discs
- Ligament sprains and tears
- Muscle or tendon strains and sprains
- Arthritis
- Bone fractures
- Back injuries
- Knee injuries
- Repetitive stress injuries, such as carpal tunnel syndrome or bursitis
- Vision or hearing disorders
- Asthma and other respiratory conditions
What Steps Can I Follow to Support a Pre-Existing Injury Claim?
Steps you should take to preserve your right to recover workers’ comp benefits for a pre-existing injury aggravated by your job include:
- Reporting your injury to your employer promptly – To maintain eligibility for workers’ comp benefits in Alabama, you must report work-related conditions to your employer within five days of the accident or onset of symptoms. Failure to provide timely notice to your employer could jeopardize your eligibility for workers’ compensation benefits.
- Seeking medical treatment as soon as possible – You should get medical treatment for the aggravated condition as soon as possible. If you delay seeing a doctor, your injury or illness might worsen. Your employer could also become suspicious of your workers’ comp claim and argue that you wouldn’t have waited so long to seek care if you were really hurt.
- Following your doctor’s treatment instructions – You should follow the recommended treatments and medical restrictions your doctor prescribes. If you put off treatment or miss follow-up appointments, the workers’ comp insurer might argue that you exaggerated the severity of your condition or made it worse by neglecting your health.
- Keeping copies of your medical records and pay stubs – You will need your medical records to prove that you suffered an aggravation of a pre-existing injury and link it to your work. You should also keep copies of your pay stubs to calculate the workers’ comp benefits you are owed if you take time off work due to your condition.
- Gathering evidence to prove that your work aggravated your pre-existing condition – You must show that your work contributed to the aggravation of your condition. Evidence that could help you demonstrate a link between your work and your aggravated injury includes descriptions of your work duties, testimony from your co-workers and supervisors, and statements from your doctors and medical experts explaining how your work activities likely worsened your injury.
- Being honest about your pre-existing condition – You should discuss your medical history honestly with your doctors. If you try to hide that you’ve had a similar injury in the past, you might hurt your credibility in your workers’ comp claim.
What Should I Do If My Workers’ Compensation Claim Is Denied?
Unfortunately, many employers and workers’ compensation insurers deny claims for benefits involving pre-existing conditions. But if your employer or their insurer denies your claim unfairly, a lawyer can help you fight the denial and pursue the benefits you need.
Your lawyer could help you seek assistance from the Alabama Department of Labor’s Ombudsman program. The Ombudsman program provides mediation services to help resolve disputes over workers’ comp claims. Although Ombudspersons can make binding decisions regarding the authorization of medical benefits, they can only offer voluntary mediation for denials of claims and other workers’ comp benefits. However, they might not participate in voluntary mediation if an insurer has already denied your workers’ compensation claim for an aggravated injury or medical condition.
You might also contest the denial of your workers’ compensation claim by filing a lawsuit against your employer or their insurer. A workers’ compensation lawsuit follows the same rules and procedures as other civil lawsuits. However, workers’ comp cases typically do not involve a jury unless an employer or insurer accuses a worker of causing their injury through willful misconduct. Remember that you must file a workers’ compensation lawsuit within two years of suffering the aggravation of a pre-existing injury due to your work.
Contact an Alabama Workers’ Compensation Lawyer
If your work aggravates a pre-existing condition, contact Gartlan Injury Law for a free, no-obligation consultation to speak with our Alabama workers’ compensation lawyers about your rights. Let our experienced team fight to get you the workers’ comp benefits you need to get your life back on track.
Contact Our Alabama Workplace Injury Law Offices
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.
