Can Workers Recover Work Injury Claims due to Preexisting Conditions

When it comes to claiming disability or work injury, often there is debate over whether an event in the workplace truly caused this disability or whether it could be attributed to a preexisting condition.  Many employees are under the misunderstanding that no matter what happens on site, their employer is responsible, sometimes to the tune of millions should they claim an inability to work.  However, often times, despite doctors' assessment to the contrary, courts will find that a preexisting condition was to blame for a disability. 

In Massachusetts, this was put to the test recently in one worker's work injury claim.  While the doctor held that a worker's preexisting degenerative spine disease was responsible for 40% of his disability, and a work injury was responsible for 60%.

Massachusetts state law says that a preexisting condition such as this case need not have to be over 50% to be a major cause of the disability, and so the employer lost their appeal of the case.  But it does go to show how employers will be looking at your work injury and where they may be able to try and use the law to avoid paying for your work injury.

Are You at Risk for Work Injury?

When it comes to a work injury, often preexisting conditions make employees fragile to the pressures, strains, and accidents associated with working in labor intensive jobs.  Over time, a person could just be worn down and experience a work injury.  This could include the following kinds of work injuries:

  • repetitive strains
  • heart attack or stroke due to lifting objects that are too heavy
  • broken bones
  • degenerated discs and back and spinal cord injuries
  • neck injuries
There are many instances in which an already fragile employee might experience a work injury that causes them to suffer a disabling work injury. If you have experienced such a work injury, you should contact a skilled work injury attorney today to obtain the compensation you need.  Don't delay your relief.  Call a skilled work injury attorney today.