As a general rule, workers’ comp benefits are just for those who were hurt on the job. In fact, one of the most common reasons for denials is that the employer or the insurance company will say that the injury already existed. It wasn’t caused by the workplace incident, so the worker should not get benefits.
But there are exceptions to most rules, and this is also true when it comes to workers’ comp benefits. There are some cases in which you may still be able to seek compensation, even if the injury didn’t happen 100% on the job.
Did you aggravate a pre-existing injury?
One way that this applies is if you had a pre-existing injury and you aggravated it at work, making it substantially worse.
For example, say that you moved into a new house, so you spent the weekend carrying boxes. You tweaked your back at one point, and it has been hurting, but it isn’t so serious that you can’t work.
At work, though, your boss asks you to pick up some heavy items and transport them to a different area in the warehouse. You mention that your back doesn’t feel great so you would rather not do it, but your boss insists. When you pick up the items, you throw your back out and you have to go to the hospital.
In this hypothetical situation, you may be able to argue that you seriously aggravated the pre-existing injury. Yes, you did hurt yourself at home, but it wouldn’t have had nearly the same effect on your life as it will now, after the workplace incident.
Complex cases
That being said, cases like this can get very complex, especially when the cause of the injury is in dispute. If you’re in this situation, it’s helpful to know about all of your legal options.
