If you have a pre-existing injury, you may seek workers’ compensation benefits if that injury is aggravated or worsened by work-related activities or the working environment. Virginia’s workers’ compensation system covers injuries that happen while you’re engaged in work-related activities or pre-existing injuries aggravated by your job.
In one recent year, more than 65,000 private and public-sector workers in Virginia suffered a nonfatal injury or illness, according to the federal Bureau of Labor Statistics. Most of these injuries were new, but in some cases, an accident or strenuous work can aggravate or exacerbate a prior injury.
Workers’ compensation benefits are supposed to cover aggravated pre-existing injuries, but employers or insurers will fight these claims almost every time.
The Virginia workers’ compensation attorneys at Marks & Harrison are ready to fight for your interests if you’ve been denied benefits because of a pre-existing injury. With decades of combined experience behind us, our 26 lawyers can handle the toughest, most demanding cases. We have a strong track record of recovering significant compensation for our clients’ losses.
Learn more today by contacting us for a free initial consultation.
What Is Considered a Pre-Existing Injury in Virginia?
When it comes to workers’ compensation benefits in Virginia, a pre-existing injury or illness is basically any medical condition you developed before suffering your current work injury or occupational illness. For example, you may have suffered a back injury years ago that still bothers you at your current job. That type of back injury would be considered a pre-existing injury.
Some of the most common types of pre-existing injuries or illnesses that can be aggravated at work include:
- Herniated discs
- Torn ligaments
- Bone fractures
- Degenerative disc or joint disease
- Degeneration of the spine
- Knee injuries
- Strains and sprains in the legs or arms
- Carpal tunnel syndrome
- Arthritis
- Certain chronic medical conditions
- Certain mental health disorders
What Benefits May You Have the Right to Recover for an Aggravated Injury?
If you have an existing injury or illness, you generally cannot apply for or receive any workers’ compensation benefits to cover treatment for your condition. The exception to this rule is if your current job somehow aggravated your condition. If you can prove your injury or illness worsened because of your job-related activities, you can apply for certain workers’ compensation benefits, including:
- Any medical treatment related to your aggravated injury or illness, such as:
- Hospital stays
- Doctors’ visits
- Lab work and other tests
- Prescription medication
- Physical therapy
- Prostheses
- The cost of seeing a primary physician and any specialists needed to try your injury or illness
- Reimbursement for the mileage costs of traveling to and from your medical appointments
- Retraining costs in case you need to find new work or are limited to light duty after aggravating your prior injury
- Partial wage-replacement benefits, up to the statutory limit set by Virginia law. (For 2021, the maximum weekly wage-replacement benefit an injured worker can receive was $1,195 per week.)
- Disability benefits, which may include temporary partial, temporary total, permanent partial, or permanent total disability benefits, depending on the severity of your injury
What Types of Injuries Are Not Covered by Virginia Workers’ Compensation?
Certain types of injuries are not covered under the state’s workers’ compensation laws, such as:
- Conditions that developed prior to the employee being hired
- Injuries or illnesses stemming from random, unpredictable events (sometimes referred to as “acts of God”)
- Common, one-time illnesses like the flu or random headaches
- Ordinary “diseases of life” that aren’t related to your job
- Most (but not necessarily all) heart attacks at work
- Injuries caused by horseplay at work
- Injuries caused by an employee who deliberately starts a fight
- Injuries from repetitive mental trauma
- Injuries arising from a worker’s off-duty recreational activities
- Injuries suffered by an employee if their actions violated company policies
- Injuries suffered by an employee while they were committing a major crime
- Injuries suffered by an employee while they were impaired by drugs or alcohol
- Injuries suffered by an employee while they were not engaged in work-related activities (such as their daily commute to and from work)
- Injuries that can be treated with first aid
- Injuries caused by an employee’s willful or deliberate attempt to hurt themself or someone else
Even if it seems like your injury isn’t covered under Virginia’s workers’ compensation laws, it’s always worth speaking to a lawyer. If Virginia’s workers’ compensation system covers your injury, these benefits can make a significant difference in the care you receive for your injury or illness.
How Do You Support Your Virginia Pre-Existing Injury Claim?
You can do a few things to bolster your case if you’ve applied for workers’ compensation benefits after aggravating a prior injury. These steps include:
- File your claim as soon as you can. Make sure you report your injury to your manager or your HR representative as soon as possible. The longer you wait, the more evidence may disappear, and the easier it will be for your employer to argue they shouldn’t have to cover your treatment for your pre-existing injury.
- Include as much medical evidence as possible. When you submit your claim for workers’ compensation benefits after aggravating a prior injury, you need as much medical evidence as possible to back up your claim. Previous medical records, new information from your current doctors, and other critical details could make it easier for your attorney to help you get the benefits you need.
- Follow your doctor’s orders precisely. One way for your employer to deny your workers’ compensation claim is to say you haven’t been following your prescribed treatment plan. To avoid having your claim dismissed unfairly, make sure to follow your doctor’s order as closely as possible.
Call Our Workers’ Compensation Attorneys in Virginia for Help with Your Claim Today
Even if you do everything right, your claim for workers’ compensation benefits might still be unfairly denied or undervalued. If this is your situation, an experienced, dedicated Virginia workers’ compensation attorney can review your options to build a compelling claim and seek the full benefits you need to recover and move forward.
Contact Marks and Harrison Personal Injury Lawyers today for a free initial consultation.
