Sometimes, a work injury or occupational disease can make a prior injury or pre-existing medical condition worse. You may experience an increase in the severity of symptoms or other health complications that slow down the recovery process. You may also worry about how your situation could affect your eligibility for or the amount of workers’ compensation benefits you could receive.
Here’s what you need to know about the effect of pre-existing conditions on workers’ compensation in MD.
What Is Maryland’s “Aggravation of Pre-Existing Conditions” Rule?
Maryland law recognizes that a workplace injury has the potential to worsen, or “aggravate,” a person’s pre-existing injury or condition. That means that a pre-existing condition does not disqualify them from pursuing or receiving workers’ compensation benefits.
Under Maryland’s “aggravation of pre-existing condition” rule, you may be eligible for workers’ compensation benefits if a work-related injury or illness exacerbates or accelerates a pre-existing condition beyond its natural progression. If a work injury worsens a non-work-related condition — or even an underlying condition you didn’t know you had — you can file a new claim. But if you reinjure or aggravate a prior job injury, you may need to reopen your earlier claim for that injury instead.
What Do You Need to Prove?
To qualify for workers’ compensation when a job injury aggravates a pre-existing condition, you must prove that the injury or illness occurred in the course and scope of your employment. You’ll also need evidence showing how the new injury or illness caused new or worsening symptoms.
Here’s an example: Imagine you tore a ligament in a fall on a construction site five years ago. If another workplace incident caused the same ligament to tear again, you could have a valid claim for aggravation of a prior injury. You might also present medical evidence and doctors’ notes showing that the new injury requires a longer recovery time because of the earlier damage.
How Insurance Companies Can Use a Pre-Existing Condition Against You
Unfortunately, your employer’s workers’ compensation insurance provider may dispute your claim for aggravation of a pre-existing condition. The insurer may argue that your claimed work injury or illness is simply an extension of a pre-existing condition, and therefore, you are not entitled to workers’ compensation benefits. You don’t have to accept that argument.
Workers can fight back against insurance companies’ efforts to use pre-existing conditions to deny benefits by presenting credible evidence of a diagnosis, prior treatment of that condition, and marked recovery. Having proof of a baseline for your medical condition can help you show that a work injury or illness has aggravated your pre-existing condition.
How a Maryland Workers’ Compensation Lawyer Can Help
A Maryland workers’ compensation attorney can help you pursue benefits when a work injury or illness aggravates a pre-existing condition by:
- Investigating your case and gathering evidence demonstrating your right to workers’ comp benefits
- Collaborating with your treating providers and medical experts to build a compelling case
- Aggressively negotiating to resolve disputes over a denied workers’ comp claim
- Filing a formal claim and representing you during an administrative hearing to fight for the benefits you deserve
Contact a Maryland Workers’ Compensation Lawyer Today
If you need to file a workers’ comp claim and have a pre-existing condition, having experienced legal counsel can help you navigate the intricacies of the Maryland workers’ compensation system. Trollinger Law LLC is a top-rated Maryland law firm with years of experience representing clients in complex workers’ compensation cases. Contact us today for a free consultation.
