Getting hurt at work is tough. It gets more confusing if you already have an old injury. In Pennsylvania, the law may still cover you. This happens when a work injury makes a past condition worse.
You don’t need perfect health to qualify
You don’t need perfect health to get workers’ compensation. The law protects people with old injuries or health issues. If your job makes your condition worse, that counts as a new work injury.
Say you have a bad back from years ago. You lift something at work everyday and doing so makes that back pain worse. It could qualify as a new injury. Your employer’s insurance may still have to cover your medical bills. They may also cover lost wages.
How to prove work made it worse
To get benefits, you need to show that work made your condition worse. It doesn’t have to be the only cause. However, it must be a major one. A doctor’s report will help prove this so be sure to tell your doctor about your old injury. Also tell them what happened at work.
Your employer’s insurance company may try to say your pain is from the old injury. That might even be expected. Don’t give up. You have the right to file a claim petition. If needed, a judge from the state Workers’ Compensation Office of Adjudication will review your case.
What to do after the injury
You must tell your employer about the injury. Do this as soon as you can. Pennsylvania law gives you up to 120 days to report a work injury. Remember that sooner is better as waiting too long can hurt your claim.
It would be wise to consult with a workers’ compensation lawyer because they are familiar with the state’s rules on compensation. They can fight for your rights and even bring your claim to court should your employer’s insurer continue to refuse compensation.
Making a past injury worse at work can be stressful. However, don’t be easily scared, because the law is on your side. If your job makes an old injury worse, you are entitled to benefits. Knowing your rights is the first step to get the help you need.
