Can I make a claim for an injury that aggravates a pre-existing condition?
Yes. This is a frequent occurrence, especially in motor vehicle accidents. Many people have suffered neck and back injuries or pain. However, this does not bar them from making a claim when their condition is aggravated by a new accident or occurrence. However, the pre-existing condition may make proof of the claim more difficult. Important facts include the date of last medical treatment before the new accident or occurrence, the diagnosis at that time, and the symptoms at that time. Each of these cases is very unique. Thus, the strength of your case depends on the facts of your case. Consult with a lawyer to determine whether you have a claim.
Related Questions
- How does the Injury Benefit team ascertain whether an absence is caused by a pre-existing condition or an accident/incident has caused an aggravation of such a condition?
- Existing Condition Denials What if my long term disability claim was denied because I have a pre-existing condition?
- What happens if an employee re-injures a pre-existing condition or injury?