Are you worried about how your pre-existing condition may impact your workers’ compensation claim in Harrisburg, PA? If the workers’ comp insurance provider and your employer deny your benefits because of a pre-existing condition, you need an experienced lawyer to fight for your rights.
The legal team at Marzzacco Niven & Associates has over 120 years of collective experience helping injured victims and their families pursue claims. We have recovered tens of millions of dollars for our clients in negotiated settlements and jury verdicts.
Contact our law office at (717) 231-1640 to schedule your free consultation with a Harrisburg workers’ compensation lawyer. We are available 24/7 to discuss your case.
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How Marzzacco Niven & Associates Can Help You with a Workers’ Comp Claim in Pennsylvania
Workers’ compensation insurance covers most injuries that occur during the ordinary course of employment in Harrisburg, Pennsylvania. If your job causes a pre-existing condition to worsen, you may be entitled to workers’ comp benefits. However, your claim could be unfairly denied.
When you hire our top-rated Harrisburg workplace accident lawyers, you can trust that we will:
- Analyze how your pre-existing condition has impacted your claim
- Handle all paperwork for your workers’ comp claim
- Work with leading medical specialists to obtain expert opinions
- Fight back against the insurance company’s allegations that your current injuries are solely due to a pre-existing condition
- Evaluate all legal options for your case and pursue all sources of compensation and benefits
- Negotiate a fair workers’ comp settlement with the insurance company
- Appeal a denial of your claim and litigate the matter in court, if necessary
Our legal team has been recognized by numerous local and national legal organizations, including Super Lawyers, The National Trial Lawyers, and Best Lawyers of America. Two of our lawyers are Certified Workers’ Compensation Specialists by the Pennsylvania Bar Association.
Call Marzzacco Niven & Associates for a free case evaluation with an experienced Harrisburg personal injury attorney.
What Is a Pre-Existing Condition in a Harrisburg Workers’ Comp Claim?
A pre-existing condition is any injury or health condition you had before you began working for your current employer. Pre-existing conditions refer to health issues that existed before a new injury or incident. These can include chronic illnesses like asthma or diabetes, as well as prior injuries such as a back injury or concussion from an earlier accident.
Other examples of pre-existing conditions include:
- Cancer
- Bone fractures
- Arthritis
- Diabetes
- Asthma
- Ruptured or herniated discs
- Cardiovascular disease
- Neck and back injuries
- Shoulder injuries
- Respiratory illnesses
- Degenerative disc disease
- Psychological disorders
- Repetitive stress injuries
- Strains, sprains, and soft tissue injuries
A pre-existing condition could make receiving workers’ compensation benefits more challenging. However, pre-existing conditions do not automatically bar workers from receiving benefits after a work-related injury or illness.
Does Workers’ Compensation Cover Pre-Existing Conditions in Pennsylvania?
Employers must take an employee “as is,” including any pre-existing conditions. Workers’ compensation does not cover medical expenses and loss of income for a pre-existing condition unless it is worsened because of their job duties. If you can prove that your job duties intensified or aggravated a pre-existing condition, you may be entitled to workers’ compensation benefits.
For example, suppose a kitchen employee at a restaurant had fractured their wrist in a car accident a few years ago. The constant repetitive motion of washing dishes and other job tasks exacerbates the injury, requiring physical therapy.
Proving Work Activities Resulted in Aggravating a Pre-Existing Condition
When a worker’s pre-existing condition is aggravated by the work environment or working conditions and activities, the resulting injury may be considered a work-related injury for workers’ compensation. However, medical evidence must establish a link between the worker’s work environment or job duties and the aggravation of their pre-existing condition.
An experienced workers’ compensation attorney can help you navigate the complex process of gathering evidence to prove you are entitled to workers’ compensation benefits.
What Workers’ Compensation Benefits Are Available for a Pre-Existing Condition Aggravated by a Work Injury in Pennsylvania?
If your job caused your pre-existing condition to worsen, you could receive medical benefits to pay for medical treatment, physical therapy, and rehabilitation. You may also receive benefits for lost wages if your condition prevents you from working while undergoing treatment. Permanent disability benefits are available if a pre-existing condition worsens to the point where you cannot work enough to earn an income.
Schedule a Free Consultation With Our Harrisburg Workers’ Compensation Lawyers
Workers’ compensation insurance companies often use pre-existing conditions to challenge workers’ comp claims. Call Marzzacco Niven & Associates to schedule a free consultation with a Harrisburg workers’ compensation attorney. Our attorneys will fight for your right to the benefits and compensation you deserve after a workplace injury.