What is workers’ compensation?
Workers’ compensation benefits
Workers’ compensation claims process
Do I need an attorney? Common situations
How is a WC settlement determined?
Other topics
If you suffer an injury at work, the Ohio Bureau of Workers’Compensation (BWC) is the proper means for coverage of your medical expenses.However, if your injury involves conditions that preexisted the work injury, the process of having your claim allowed will require additional considerations and medical evidence. This is due to the fact that Ohio law states that a preexisting condition is not an injury covered by workers’ compensation. This situation typically arises when you have a history of prior injury or condition, and a work-related accident causes a worsening of that injury or condition. Some examples include back injuries, knee injuries, chronic or degenerative conditions (i.e., arthritis), repetitive motion injuries (i.e., carpal tunnel syndrome), asthma (when worsened/triggered by exposure to irritants or chemicals) and, mental health conditions. However, the fact that your work injury has affected a preexisting medical condition does not automatically mean your workers’ compensation claim will be denied outright.
Under Ohio law, workers’ compensation benefits only extend to preexisting conditions when the injured worker can prove that the work injury substantially aggravated the condition(s) that were also present prior to the injury. Aggravation refers to an injury that causes you to suffer an increase in any disability or limitation you previously suffered. In order to prove substantial aggravation of your preexisting condition, Ohio law requires there be medical explanation of the “substantial aggravation” based upon objective diagnostics (i.e., MRIs, X-rays, EMGs, etc.) and clinical findings. Subjective complaints without objective findings are not sufficient proof alone to be granted a substantial aggravation of a preexisting condition. Due to the greater burden of evidence that is placed upon workers’ compensation for preexisting conditions, it is important that an injured worker seek the opinion of a medical provider soon after the work injury, that he or she be candid with medical providers about preexisting conditions, and ask the provider to advise whether the work injury is related to, or has impacted or worsened, preexisting condition(s).
Be aware, a preexisting condition is different than a condition that is reinjured at work. If an injury resolves and is subsequently reinjured at work, this will result in a new and separate workers’ compensation claim.
You stand the best chance at getting your claim approved if you seek the help of a knowledgeable Ohio workers’ compensation attorney who will advocate on your behalf to get the WC benefits you deserve. The lawyers at Lelli Law Office can assist you with this process.
