YES. If you suffer from a pre-existing non-work related condition such as degenerative disc disease, bursitis, degenerative arthritis, epicondylitis (tennis elbow), shoulder impingement syndrome, carpal tunnel syndrome or any other long standing underlying condition, you are entitled to receive workers’ compensation wage loss and medical benefits in Pennsylvania if your work activities or a work injury aggravates the pre-existing condition. The pre-existing condition does not have to be related to your work with your employer. It can be a condition entirely unknown to your employer and can have arisen from a previous work injury with an old employer, the same employer, an old non-work related injury or condition.
If a work injury or work activities cause a previous work injury with the same employer to once again cause problems, then this injury or work activity can be considered as an aggravation of the pre-existing injury and labeled a new injury. The new injury would include the symptoms associated with or caused by the more recent aggravating injury or work activity.
Pa. workers’ compensation insurance carriers typically deny claims based upon discovery of the injured worker’s pre-existing conditions or prior work injuries hoping you will be intimidated and not pursue the benefits you are entitled to under the Pennsylvania Workers’ Compensation Act. Much will depend upon the treating doctor’s characterization of your condition.
In this circumstance it is important to discuss your case with an experienced Pa. Workers’ Compensation attorney who can assist you in understanding your case and interpreting your doctor’s characterization of the new injury or work activities that are causing your present problems. Call us at 717-695-4722 for a free consultation.
