Aggravation of a Preexisting Condition

The Hyannis workers’ compensation lawyers at the Law Offices of John C. Manoog III represent clients who have been injured in a wide range of on-the-job accidents, including those that aggravate a worker’s preexisting medical condition. We understand the specific type of evidence necessary to establish the injury and tie it to the workplace accident, and we know what fact finders often look for in these cases. We do not charge a fee in many cases unless we are successful in helping you obtain legal remedies for your injuries.

Many workers may already know that they’re entitled to workers’ compensation benefits for any injuries incurred on the job. What some may not be aware of, is that workers’ comp also covers situations in which an accident in the office or at a job site aggravates a physical condition that the worker already had. In other words, you don’t forfeit your right to benefits for an injury suffered on the job just because you already had a similar injury or condition at the time of the accident.

Chapter 152, Massachusetts General Law provides that the aggravation of a preexisting condition is compensable for workers’ compensation purposes to the extent that the workplace accident is the “major but not necessarily predominant cause,” of the worker’s disability or need for medical treatment. The task of interpreting the term “major cause” has been left to state courts. As the statutory language makes clear, however, the job site incident need not be the predominant cause of an injury. A worker whose neck and back injuries were deemed to be 35 percent the result of an accident on the job and 65 percent caused by preexisting conditions is likely to be eligible for worker’ compensation benefits.

Proving the proportion of injuries attributable to a workplace accident can be difficult. It often requires detailed medical evidence explaining the extent of the injury prior to the workplace accident and showing how the incident made the condition worse. Unfortunately, insurers often deny workers’ compensation claims for preexisting conditions immediately and without fully considering the claim. In these cases, the employee will have to challenge the denial in court in order to obtain benefits. It’s important that a worker whose claim has been denied contact an experienced workers’ compensation lawyer. Better yet, a worker who has been injured on the job should contact an attorney before filing a workers’ compensation claim, so as to ensure that he or she presents the strongest possible argument as to why the worker is entitled to benefits.

At the Law Offices of John C. Manoog III, our firm has been handling workers’ compensation claims since 1994. We have more than 146 years of combined legal experience, and we understand that strategies that insurance companies often use to try to limit or avoid paying out benefits. Among other recent victories, we've recovered several workers' compensation awards in excess of $100,000 for clients suffering heart attacks, back injuries, and other injuries on the job.

Our Massachusetts personal injury attorneys offer free consultations from our offices in Hyannis and Plymouth. We are happy to travel to you if you can't make it to us. We also don't charge a fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.