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Can I Receive Worker’s Compensation Benefits
When I Had a Pre-Existing Condition?
Our attorneys are asked often whether or not a worker can receive Indiana worker’s compensation benefits when they had a similar medical condition in the past that was aggravated at work. The answer is emphatically “yes”.
In Indiana, a worker is eligible for Indiana worker’s compensation benefits when he or she had a pre-existing medical condition and can prove that the condition was aggravated and/or made worse by a work accident or incident.
It’s important to note that the injured worker does have the burden of proving that the work accident or job duties made the condition worse. If the injured worker received ongoing medical treatment for that pre-existing medical condition for weeks and months leading up to the work accident, the burden of proof may be hard to meet. If, however, there was some time gap between the last pre-work medical treatment and the work incident, the worker will have an easier time with his/her burden of proof.
Our attorneys are committed to helping our clients get the compensation they deserve. To have a successful case, our attorneys ideally like to see documentation in the initial medical treatment records immediately after the work accident that the worker complained to medical professionals that an incident at work made the pre-existing condition worse.
If you would like one of our attorneys to review your case, please let us know. There is no fee until we make a recovery.