Can I Get Workers’ Comp For A Pre-Existing Condition Or Re-Injury Of A Past Injury?

Yes you can. A prior injury or pre-existing medical condition is not a barrier to workers’ compensation. Do not let an employer, co-worker or insurance company tell you different. Your wage loss is 100% compensable if your job aggravated an old injury or made your health condition worse.

At Thill & Freeman, PLLC, we regularly represent people who are unable to work because of a new injury to a past injury. If you have been denied medical treatment or wage benefits — or if someone has told you not to file a claim — call our St. Louis Park law office today. Our attorney, Mark Freeman, has stood up for injured workers in Minnesota for over 30 years.

Prior Injuries And Pre-Existing Conditions

Under Minnesota law, employers take you “as you are.” Maybe you have a trick knee or a bad back. Maybe your shoulder was surgically repaired years ago. Maybe you suffer from migraines, or arthritis, or hearing loss.

The bottom line is that were able to do the job but now you can’t. If a workplace accident or the rigors of your job aggravated that past injury or pre-existing condition, you are absolutely entitled to benefits under workers’ compensation. Namely, you can get wage loss benefits (disability pay) while you are off the job recovering. And your employer pays for necessary medical care, including physical rehab or surgery.

So Where Does A Lawyer Come In?

Employers and insurance companies are frequently skeptical of pre-existing conditions. The insurer may doubt that the re-injury was work-related. Maybe you hurt it bowling or playing with your kids? 

Another common scenario is when the insurance company balks at paying for surgery, such as a knee replacement. The claim is denied on the basis of the old injury. The knee would have failed sooner or later. It’s not related to the recent accident.

Our role is to establish the connection between your job and the new injury. To be compensable under workers’ comp, we must show that you experienced an incident at work or cumulative trauma to a joint that made your medical condition worse or caused an old injury to flare up. Mark Freeman excels at medical documentation of this complex and hard-fought claims.

Turn To An Experienced Attorney

Schedule a free initial consultation to discuss your re-injury or aggravation of an existing condition. We represent workers in all occupations across the West Metro, the greater Twin Cities and statewide. Call 952-232-1752 or email us, whether you are considering a claim or you have already been denied.