When an employee suffers an aggravation of a pre-existing condition as a result of an injury at work in Massachusetts the injured party is entitled to be paid Massachusetts Worker’s Compensation benefits provided that the aggravation is a major cause of the resulting disability. It does not have to be the only major cause, but it must be a major cause. Sound confusing? Of course, it does, and insurers know it.
When someone tells you that you cannot receive Massachusetts Workers’ Compensation benefits because you have a pre-existing condition do not accept that explanation. The law requires a causal relationship between a work related accident and disability in order for one to receive Massachusetts Workers’ Compensation benefits. The Law also recognizes that many, if not most, people have pre-existing conditions that do not require medical care or affect daily activities until something like a work place accidents occurs. If that accident is a major contributing cause of disability, then a person who suffers that accident at work is entitled to Massachusetts Workers’ Compensation benefits (This is applicable in any accident for that matter including motor vehicle accidents).
If your pre-existing condition results from a prior work related accident, then the standard is even easier to satisfy as the slightest aggravation of a pre-existing work related condition is compensable under the Massachusetts Workers’ Compensation Act. In all events, do not accept the simple statement that you are not entitled to benefits because you have a pre-existing condition because more likely than not, that just is not true.
The examination of the issues associated with pre-existing conditions has been the subject of numerous appellate decisions as insurers and employees alike seek to distinguish the facts of each case. Cases involving pre-existing conditions pose obstacles that an experienced Massachusetts Workers’ Compensation lawyer can help an injured worker overcome.
If you or someone you know has suffered an injury at work which involves a pre-existing condition, work related or not, you may be entitled to Massachusetts workers’ compensation payments for disability and/or medical care. Speak with a highly experienced workers’ compensation lawyer, by clicking here, or phoning Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential
