Q: If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?
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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.