Yes, you may still be entitled to workers’ compensation benefits even if you have a pre-existing condition. For example, a prior back injury or arthritis that you have managed for years does not automatically disqualify you from workers’ compensation benefits in Kentucky, but it could complicate the claims process.
Insurance carriers often point to pre-existing conditions to deny claims or reduce benefits, but Kentucky law recognizes that your job can aggravate an existing condition and create a new, compensable injury. If you are dealing with pre-existing conditions and workers’ compensation questions after a workplace incident, you need help from an experienced attorney at Morgan, Collins, Yeast & Salyer.
How Do Pre-Existing Conditions Affect Kentucky Workers’ Compensation Claims?
Kentucky law defines a compensable injury as a work-related condition that causes a harmful change in the body. You must be able to present objective medical findings to prove the existence and nature of the injury. If your job duties aggravate a condition you already had, you may have a valid claim for the worsening of that condition due to your work injury.
Active vs. Dormant Pre-Existing Conditions Under Kentucky Workers’ Comp Law
Kentucky courts have previously distinguished between active and dormant pre-existing conditions. An active condition is an injury that is already producing symptoms or requires treatment before the work injury occurs. A dormant condition is one that exists but causes no impairment until work activity brings it to the surface. The distinction can affect how much of your disability rating gets attributed to the work injury versus the prior condition.
For example, say a worker has mild, undiagnosed disc degeneration that never caused pain or limited functioning prior to a lifting incident at work. Because the condition was dormant, an insurer could not carve out a portion of the disability award due to the pre-existing injury. On the other hand, an insurer might try to limit compensation if a worker was already receiving treatment for a bad shoulder and then re-injured it on the job.
How Insurers Challenge Workers’ Comp Claims with Pre-Existing Conditions
Insurance companies may try to argue that your current symptoms stem entirely from an old injury or condition, not from anything that happened at work. They may request your full medical history, hire an independent medical examiner, or point to gaps in your treatment to support the argument.
Such tactics catch many injured workers off guard, particularly when they do not have solid documentation connecting their current pain to a specific work event. That is why strong legal representation is so important after the aggravation of a pre-existing injury on the job.
Evidence Needed to Prove a Pre-Existing Injury Was Aggravated at Work
Strong medical evidence can make all the difference in claims involving pre-existing injuries aggravated by a workplace accident. Evidence our workers’ compensation lawyers may gather to support your claim includes:
- Medical records from before the injury
- Incident reports and witness statements
- Post-injury diagnostic imaging (X-rays, MRIs, or CT scans)
- Doctors’ opinions on the cause of the injury
- Consistent treatment records
- Your own detailed account of the incident
How a Kentucky Workers’ Compensation Attorney Can Help with Your Claim
Kentucky Courage™ means standing your ground when an insurance company tries to use your medical history against you after a workplace injury. Our workers’ compensation attorneys know how to develop the records these claims require and push back when insurers try to reduce what they owe.
Contact us now for a free consultation, and let Morgan, Collins, Yeast & Salyer put Kentucky Courage™ on your side.
