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This article was updated in 20/08/2024
Can I Get Workers’ Comp Even If I Have A Preexisting Injury? Foremost, California has some of the most employee-friendly labor laws in the country. And although the Workers’ Compensation system has issues, it still includes many provisions. That's to say, to help employees get medical attention for the injuries they get in the course of their jobs. It also ensures that workers receive the wages they’ve lost due to their injuries.
This doesn’t just help the workers – thanks to Workers’ Compensation, employers avoid ruinous lawsuits every time an employee is injured at work. But does Workers’ Compensation cover you if your workplace injury aggravates a preexisting condition? The answer is a little more complex than just “yes” or “no.”
First, what injuries are covered by Workers’ Compensation?
There are certain aspects that have an impact on the eventuality that you can get workers’ comp even If you have a preexisting injury:
- The injured worker must be employed by the firm.
This does not include contractors, only the employees hired by the employer – but if you’re listed as an independent contractor, don’t despair; you might still be eligible for Workers’ Compensation.
- The injury in question, also the potential sessions of therapy, has to be verified by a medical practitioner, who determines whether it’s work-related or not
- The injury must happen either at work or because of workplace duties.
If you trip and fall on the way to the bathroom at the office, that injury is covered. If you get into a car accident picking up your boss’s dry-cleaning, that’s covered, too.
What injuries are excluded from Workers’ Comp?
There are some factors that can render an injury ineligible for Workers’ Compensation settlement. The following kinds of injuries are not eligible:
- Intentional self-inflicted injuries.
- Injuries occurring due to intoxication
- Injuries caused by a fight in which the injured worker was the first aggressor
However, the first aggressor rule is not as hard fast as it can seem. Pacific Workers’ Compensation managing attorney, Bilal Kassem, has proved that a client whose case was denied based on the first aggressor rule was acting in self-defense, and therefore not actually the first aggressor.
- Injuries occurring as a result of the injured worker committing a crime
Yes, you Can get Workers’ Compensation even if you have a preexisting injury
So, what happens if your existing back problems or knee problems or even mental health problems are exacerbated by a workplace injury? If your injury is eligible for Workers’ Compensation, it’s covered!
There should be evidence to determine that the aggravation of your existing injury is connected to your increased disability. But you have access to all the benefits of California Workers’ Compensation. For example, including up to $4800 per month in temporary disability, free medical care, and payment for permanent disability.
And, again: Yes, you can get workers’ compensation even If you have a preexisting injury. However, you should, make sure to contact a qualified Workers’ Compensation attorney to help you with this matter, since cases involving preexisting conditions are more complicated than the average Workers’ Compensation claim.
About the Author
Michael J. Ullrich is a Managing Attorney with Pacific Workers’ Compensation. Born and raised in Philadelphia, he has been a San Francisco resident since 1999. He attended Pennsylvania State University for his undergraduate studies and received a B.A. in History. Mr. Ullrich earned his J.D. at Golden Gate Law School and earned numerous Witkin and CALI awards for academic excellence. During his legal studies, he worked as a law clerk at an environmental firm and volunteered at the Women’s Employment Rights Clinic. Prior to pursuing a career in the law, Michael worked in trading stock and options.
Since he began practicing law, Mr. Ullrich has worked in workers’ compensation and employee relations. Prior to joining PWC, he held positions with Richard, Thorson, Graves & Royer, and with the City and County of San Francisco. Michael joined Pacific Workers’ Compensation because he wanted to protect injured workers from the cost-cutting measures of insurance companies.
When not fighting for his clients, Mr. Ullrich enjoys playing softball, mountain biking, and giving long-winded opinions about sports.
Education
Golden Gate University School of Law, J.D., 2011
Pennsylvania State University, B.A., History, 1996