What To Do If Your Job Causes An Aggravation Of A Pre-Existing Condition
It is rare to find a worker who has never had any prior injuries, whether those were caused at work or off the job. Many times, a worker with a bad back or other type of injury can experience an aggravation of their old injury as a result of an accident that happened on the job. What should you do if you have aggravated a pre-existing condition on the job?
Is The Employer Off The Hook For My Injuries?
If you are injured at work in Virginia and happen to aggravate an injury that you had before, you may be eligible to receive Virginia Workers’ Compensation benefits. In Virginia, the employer “takes an employee as the employer finds him or her.” Basically, this means that the employer can’t try to dodge pay workers’ comp to an injured employee just because the employee suffered an aggravation to an existing injury. So, even though an employee might have “infirmities and pre-existing disabilities,” that employee may still get Virginia workers’ comp benefits if he or she was injured on the job. According to Virginia’s workers’ compensation laws, it does not matter that an employee was predisposed to an injury or disease or to further injury due to a prior injury or condition.
How Do I Prove That The Aggravation Happened At Work?
It is the employee’s responsibility to prove that the employee’s work aggravated or accelerated a pre-existing condition. Basically, the employee must show that the work injury had a substantial or “material” effect on the pre-existing condition. You can do this by getting the medical records from your pre-existing condition to show when treatment stopped or when your condition changed. Your doctor may also be helpful in providing information to the workers’ compensation insurance carrier.
At the Ritchie Law Firm, we maintain contact with our clients’ medical providers to ensure that we can obtain medical records and information about our clients’ injuries when that information is needed. A lawyer experienced in handling Virginia workers’ compensation cases will know what questions to ask your doctor and what evidence will be needed to prove that the aggravation happened at work.
What Can You Do?
If you’ve been injured on the job and have questions about notice or any other part of your Virginia Workers’ Compensation claim, the best thing to do is talk to a lawyer before you talk to anyone else.
Talk To a Virginia Workers’ Compensation Lawyer
If you’ve been burned on the job, it is wise to talk to a lawyer who is experienced in workers’ compensation claims. At the Ritchie Law Firm, you can talk to us for FREE . . . NO STRINGS ATTACHED! We can give you advice on your claim before you make a decision that could damage your case. Check out our article on “How Much Does a Workers’ Comp Lawyer Cost” here.
For more than 45 years, the Ritchie Law Firm has successfully helped thousands of injured workers navigate the complex workers’ compensation process. The Ritchie Law Firm specializes in serving injury victims. We never represent insurance companies or corporations. If your workers’ compensation case is going to hearing, you will want a trial expert on your side. We are board certified trial specialists through the National Board of Trial Advocacy. The attorney you choose for your workers’ compensation case can make all the difference.
Virginia Workers’ compensation is a complex system that can be very difficult to navigate. Be very careful to make certain that your rights are protected before you sign anything. There is no cost to talk to our workers’ comp lawyers. If we take your case, we don’t get a fee unless we win your case. There is no risk to you to get some information about your case before you make any decision that might negatively affect its outcome.