Even if an injured worker has a pre-existing injury or illness, they may still seek workers’ compensation. The pre-existing injury or sickness doesn’t necessarily have to be work-related; in fact, the injured worker could have gotten the injury or sickness in another way. Sometimes, a pre-existing injury can affect the injured employee’s workers’ compensation claim, though this is dependent on where in or on the pre-existing injury is and where its relation is to the work-related injury.
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. The injuries are entirely separate and affect the injured worker’s body in completely different ways. When there is no contributing connection between the new work-related injury or pre-existing injury, an injured worker shouldn’t have any trouble in confirming that the pre-existing injury was not a factor in causing the new work-related injury.
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 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. 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. An injured employee must demonstrate evidence that proves it was not the pre-existing injury itself that caused the aggravation, but rather an aspect of their employment had made the pre-existing condition worse.