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-exisiting injury or illness does not have to be work-related.
Though in certain situations the pre-existing injury could cause some impact on the injured employee’s workers’ comp claim depending on where the pre-existing injury or illness is located and its relation to the new work-related injury.
New Injury Is Different From The Pre-Existing Injury
In the event that an injured worker’s new work-related injury is in or on a different part of the body compared to the pre-existing injury or ailment, then there is almost a guarantee that the pre-existing injury will not affect the workers’ compensation claim.
The injuries tend to be seen as separate and will affect the injured worker in entirely different ways.
As long as there are no underlying links between the pre-existing injury or sickness and the ne work-related injury or sickness, an injured employee should have no problems with validating that the pre-existing injury did not have anything to do with causing a new work-related injury or sickness.
New Injury Aggravates The Pre-Existing Injury
As long as an injured worker’s employer has provided their employees with workers’ compensation insurance coverage, then the injured employee can have their injury compensable under the Texas Workers’ Compensation Act.
This means that if an employee has an aggravation of a pre-existing injury or sickness, and the injured worker can prove that there has been some amount of acceleration, worsening or augmentation of an underlying condition from the new work-related injury or illness.
In making a workers’ comp claim grounded on the aggravation of a pre-existing injury or ailment can be very difficult, due to the fact that the boss’s workers’ compensation insurance provider will assume that the aggravation of the pre-existing injury or ailment is that of the pre-existing injury itself and not anything related to the injured worker 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.