Search Site
Menu
307 West Rio Road | Charlottesville, Virginia 22901
Call For Consultation 434-973-7474
How Do You Prove Your Work Injury Aggravated a Pre-Existing Condition?

The Virginia Workers’ Compensation Act exists to help people in the state who are accidently injured at work, during a work-related function or who acquire an occupational disease in the course of their employment. Through a workers’ comp claim, most Virginia employees can seek employer-provided benefits that provide compensation for lost wages and medical expenses related to their injury, whether it is a new injury or illness or one that exacerbates an existing condition.

When a workplace injury or occupational disease aggravates a pre-existing condition, proving a cause-and-effect relationship between the injury and the necessary treatment can become challenging. Establishing the connection is necessary for any worker who wants to have their medical bills covered by the employer, because employers are only liable for the cost of medical care if the required treatment was caused by the workplace injury. The burden of proof is on the worker.

Employers and their insurance companies may try to deny claims simply because a person has a pre-existing condition. The company may issue a denial on the premise that the worker’s symptoms are the result of the pre-existing condition, not the work accident, or that the work injury did not aggravate the pre-existing condition. To help build a strong case for your benefits:

  • File your claim promptly — Report the accident to your employer as soon as it occurs and then file your workers’ compensation claim. If you delay filing, you may forget important details, or the insurance company may claim that your aggravated condition occurred separate from the workplace accident.
  • Be forthright — Disclose your pre-existing condition. If you hide a previous injury or illness, the insurance company may use that as an excuse to suspect fraud and immediately deny your claim. By admitting that you have a pre-existing condition, you can work to show that the condition was made worse by the accident.
  • Establish a record of your injury — Write down or record your detailed account of the accident as soon as possible after it happens. Get a medical evaluation after your accident and let the doctor know exactly what happened and how it has affected your health. Document changes to your ability to work or to engage in other life activities as a result of the accident.

The law firm of Tucker Griffin Barnes P.C. has obtained sizable workers’ compensation settlements for numerous clients in Virginia. We respond to claims disputes with skill and persistence, and we assert our clients’ rights at every step of the way. To schedule your initial consultation, call 434-973-7474 or contact us online. Our offices are conveniently located in Charlottesville, Palmyra, Harrisonburg and Staunton.

See Our Videos
  • Charlottesville Personal Injury Attorney - It Is About the Money

  • Charlottesville Divorce Attorney - What To Expect During Your First Family Law Consultation

  • Criminal Defense - Don't Ever, Ever Talk To The Police Without An Attorney Present

  • Protect yourself during Move-In or Move-Out of an Apartment

  • How do I find a good personal injury attorney?

  • Charlottesville Estate Planning Talk

  • Charlottesville Personal Injury - What Is My Case Worth?

Meet Our Attorneys
Testimonials
  • ""Bill Tucker and his team were the answer to my real estate prayers! After being transferred to another state .."" - Short Sales

  • ""Yvonne Griffin represented me in an accident case that required many months of hands on attention .."" - Personal Injury

  • ""Ms. Barnes, I cannot thank you and your staff enough for taking my case at was a very dark time for me .."" - Social Security Disability

  • ""Lynn Bradley has been a force that has proven to be competent, professional and exceled at her work .."" - Worker's Compensation

  • ""Ms. Hakes, Thank you so much. You don't know what a wonderful gift you just gave to me, my son's .."" - Criminal Defense

  • ""When you first interview Laura Butler, it is apparent you are in the presence of a true professional in all .."" - Family Law

  • ""Mr. Tucker, I cannot thank you enough for all your work. I wish everyone had your work ethic and attention .."" - Real Estate

Firm Awards & Recognition
Contact us

Main Contact Form