You had a medical condition—maybe a repetitive stress injury or another chronic problem—that you were managing and trying to heal. Then, one day at work, something went drastically wrong.
You got hurt. You’re feeling pain from the new injury. And you realize that your previous condition feels worse, too.
Will workers’ compensation cover the aggravation of a pre-existing condition?
It might, but it requires a careful legal process.
You can’t just tell the Ohio Bureau of Workers’ Compensation (BWC) that you were ailing already and your job injury increased the symptoms. You have to provide evidence.
The attorneys at Horenstein, Nicholson & Blumenthal know how to approach this kind of case. We have decades of experience helping people like you get fair compensation for workplace injuries.
Winning these benefits can make a major difference in your life, letting you pay your bills, focus on recovery and return to normal
This is what we’re about: “Helping me, that’s HNB.”Talk to HNB
It used to be that you could simply tell the Ohio Industrial Commission you had an illness or injury before you were hurt at work—and your workplace injury exacerbated it.
But Ohio law has changed in the last several years.
Your complaints about how you feel aren’t enough to get aggravation of a pre-existing condition covered by Ohio workers’ comp.
Now you need to provide one of these forms of evidence:
It also used to be that any aggravation of your existing condition qualified for benefits, even if it was minor. Now you must show “substantial aggravation.”
Workers’ comp hearing officers and courts will decide if you meet that requirement.
But HNB lawyers can help you show them. You can get HNB to look at your case and let you know what you’ll need—for free.Get My Free Case Review
Under aggravation of pre-existing condition law, you have to prove that your workplace injury made your health problems worse.