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A worsening of a pre-existing injury could qualify for workers’ comp

Dealing with a health condition or injury can be very difficult. So, it can be incredibly discouraging for a person when a condition/injury they have gets even worse.

A worsening of a pre-existing condition can come about in many ways. Sometimes, such a worsening occurs as a result of a person’s job. A previous injury they had getting worse at work, in addition to being very worrying and impactful for a worker, can also leave a worker confused about what rights they have. Some might assume that anything connected to a pre-existing injury couldn’t qualify for workers’ comp and that, thus, a workers’ comp claim isn’t even worth looking into.

However, here in California, a worsening of a pre-existing condition could be eligible for workers' compensation benefits. Such benefits are available for a workplace “aggravation” of a prior condition. Now, there are certain requirements a given worsening has to meet to be a qualifying “aggravation.” Various factors can play a role in whether a given worsening would likely meet these requirements.

Understanding what options they might have related to workers comp can be critical for an individual following a workplace incident that they think harmed their health. So, when a California worker suspects that a pre-existing condition they have was made worse at work, it can be important for them to look into whether they would likely qualify for workers’ comp in their situation.

Our law firm has experience with workers’ comp matters involving pre-existing conditions. We can provide individuals who have suffered a worsening of a prior injury/condition at work with assessments of their workers’ comp situation and guidance as they respond to their situation.

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