When it comes to workers’ compensation and other types of accidents, one topic that garners much debate and misunderstanding concerns the right of the injured to receive compensation for the aggravation of a pre-existing condition. It is important for everyone to know that any injury or trauma that reactivates a condition, makes a condition worse or makes an underlying, dormant condition symptomatic gives the injured the right to file a claim and be compensated for medical treatment, wage loss and, possibly, many other types of benefits and compensation.
The Pennsylvania Workers’ Compensation Act provides medical treatment coverage and wage loss compensation to workers suffering from work-related injuries or diseases. The law dictates that an injury must be directly related to a specific workplace incident, repetitive workplace activity causing a chronic injury, or the aggravation of a pre-existing condition.
Unlike a lot of other states, Pennsylvania workers’ comp cases involving pre-existing injuries do hold employers responsible for compensation for the entire injury, rather than just the aggravation of an already existing injury. In fact, our law considers aggravation of a prior injury to be an entirely new injury—mandating liability be assumed by “the employer for whom the claimant was working when the aggravation occurred.”
Employers or insurance companies may try to deny the claim by arguing they were not aware of any pre-existing condition. That said, the Pennsylvania Workers’ Compensation act requires employers provide benefits regardless of the visibility or awareness of a pre-existing condition.
The same holds true for individuals involved in auto accidents, slip and falls, bicycle accidents and more—if the accident aggravated a pre-existing condition, you very likely have grounds to bring a personal injury claim. Pursuing a bodily injury claim allows you to seek justice and compensation for your medical bills, lost wages, pain and suffering and more.
For many, it’s a neck or back injury that is exacerbated after an accident. What was once healed might be re-broken, strained or otherwise damaged again. Surgery or physical therapy might once again be needed to recover. If you’re in this situation, getting legal representation is important. Someone else’s carelessness or negligence caused you to suffer pain and monetary losses and damages. You deserve to hold them accountable, and our aggressive and knowledgeable workers’ compensation and personal injuries attorneys will help you every step of the way.
If you or someone you know has been injured, Call Georgelis First at 1-800-HURT-NOW! Georgelis Injury Law has been voted the best injury and accident law firm in Lancaster County for the last 8 years as part of Lancaster County Magazine’s annual “Best of Lancaster County” survey. We’ve helped our clients recover more than $85,000,000.00, and we can help you too. Our experienced, skillful and relentless attorneys will fight to ensure you get every penny you deserve.
Call us for a free case evaluation and we will take care of everything, ensuring nothing is missed and maximum compensation is achieved. We never collect a fee until we win money for you!
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