Yes, having a pre-existing condition can affect your Massachusetts workers' compensation claim, but it doesn't necessarily disqualify you from receiving benefits. Workers' compensation law in Massachusetts is designed to cover illnesses or injuries that arise out of and in the course of employment. However, if a work-related injury exacerbates or aggravates a pre-existing condition, you may still be eligible for compensation.
The Role of Pre-Existing Conditions in Workers' Comp Claims
A pre-existing condition is any medical condition, illness or injury you had prior to your current workplace injury. Common examples include chronic back pain, arthritis, or a previous surgery. The key factor in Massachusetts workers' compensation claims is whether your current work-related injury has worsened the pre-existing condition. If your work caused further harm or aggravated your condition, your claim may still be valid.
Aggravation vs. Natural Progression
It's important to distinguish between the aggravation of a pre-existing condition and the natural progression of that condition. Workers' compensation generally covers the worsening of a condition due to a work-related incident. For example, if you have a bad back and a fall at work makes it significantly worse, you could be eligible for benefits.
However, if your condition worsens over time due to its natural progression, without any specific work-related incident or aggravation, it may not qualify for workers' compensation. An experienced workers' compensation attorney will help determine whether your condition was aggravated by your work or was simply progressing naturally.
Proving Your Injury
In Massachusetts, the burden is on the employee to prove that their injury or illness is work-related and aggravated by their job duties. Medical evidence plays an important role in this process. You may need to provide:
- Medical records detailing your pre-existing condition
- Doctor's reports explaining how your condition worsened due to a work-related incident
- Testimony from medical experts to support your claim
Working with a knowledgeable lawyer will help ensure that you present the strongest possible case, supported by thorough documentation.
Section 1(7A) and the "Major Cause" Standard
Massachusetts workers' compensation law contains a specific provision, Section 1(7A), which addresses cases involving pre-existing conditions. Under this section, if a pre-existing condition "combines" with a work-related injury, you may still be eligible for compensation, but you must prove that the work-related injury was a "major cause" of your disability or need for medical treatment. This is a higher standard of proof than in cases without a pre-existing condition.
Conclusion
While a pre-existing condition may complicate your Massachusetts workers' compensation claim, it doesn't automatically disqualify you from receiving benefits. If your work-related injury aggravated or worsened your pre-existing condition, you can still be entitled to compensation.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.
Contact us now for a free legal review.