State College, PA asked in Workers' Compensation for Pennsylvania

Q: If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?

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3 Lawyer Answers
Richard Alan Jaffe
Richard Alan Jaffe
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Yes, and aggravation of a pre-existing condition could be considered a work-related injury if it occurred while in the course and scope of your employment, and prevents you from continued Employment.

It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to schedule an initial consultation. In most instances the initial consultation will be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.

Mark A. Buterbaugh and Glenn Neiman agree with this answer

Mark A. Buterbaugh
Mark A. Buterbaugh
Answered
  • Workers' Compensation Lawyer
  • Chambersburg, PA
  • Licensed in Pennsylvania

A: Absolutely. Aggravation of a pre-existing condition is a separate and distinct work injury. You need to obtain the medical evidence and opinion on aggravation of the condition. I recommend hiring an experienced Pennsylvania workers compensation attorney to assist you. Often times, aggravation and exacerbation claims are denied by workers compensation insurance carriers. So you may need to file a claim petition.

Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Kingston, PA
  • Licensed in Pennsylvania

A: If you have a doctor that is willing to testify that your work activities or a work accident substantially worsened the preexisting condition, you do have a viable claim. However, there is a high probability that the carrier will fight this claim, so I would suggest that you contact an attorney in your area to make sure your rights are protected.

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