Even if an injured worker has a pre-existing injury or illness, they may still seek workers’ compensation.
The injured employee could have received the injury or ailment in some way other than work, meaning that the pre-existing injury or illness does not have to be work-related.
However, the pre-existing injury could have an effect on the injured worker’s workers’ compensation claim contingent on where on the body the pre-existing injury is and where the new work-related injury is.
New Injury Is Different From The Pre-Existing Injury
When a work-related injury or sickness has happened to an injury worker and is in an entirely different part of the body in relation to the pre-existing injury or sickness, then there is a substantially less chance that the pre-existing injury or sickness will have any effect of the injured workers’ compensation claim.
These injuries can clearly be seen as separate and affects the worker in different ways.
In the case that there is indeed no causal connection among the pre-existing injury or work-related injury, then the injured employee should not have any trouble in validating the fact that pre-existing injury did not play a factor in causing the new work-related injury.
New Injury Aggravates The Pre-Existing Injury
In the case that an injured worker’s manager provides their workers with workers’ compensation insurance coverage, and the injured worker has a work-related injury or ailment, then their injury is recoverable under the Texas Workers’ Compensation Act.
This contains any event where an injured employee has had an aggravation of a pre-existing injury or illness, as long as the injured employee can show that there has been any degree of acceleration, worsening or enhancement of the original condition from a new work-related injury or sickness.
Filing a workers’ compensation claim dependent on the aggravation of a pre-existing injury or sickness can tend to be complicated, because the employer’s workers’ comp insurance provider will possibly try to blame the aggravation of the pre-existing injury or sickness on the original condition itself, instead of agreeing that something happened while the injured worker was on the clock.
Injured workers must be able to prove that their pre-existing injury didn’t make itself worse, but rather some work-related part of their job caused the pre-existing condition to worsen.