[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/workers-compensation-pre-existing-condition\/#BlogPosting","mainEntityOfPage":"https:\/\/www.gartlaninjurylaw.com\/blog\/workers-compensation-pre-existing-condition\/","headline":"Can You Get Alabama Workers\u2019 Compensation If You Aggravate a Pre-Existing Condition?","name":"Can You Get Alabama Workers\u2019 Compensation If You Aggravate a Pre-Existing Condition?","description":"You could still qualify for workers\u2019 compensation benefits in Alabama if you aggravate a pre-existing condition or injury while performing job-related tasks. But if you can\u2019t prove the aggravating factors are related to your work, you might not get the benefits you deserve. Getting workers\u2019 compensation for aggravating...","datePublished":"2023-05-17","dateModified":"2026-03-25","author":{"@type":"Person","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/author\/dothanalabamalawyer\/#Person","name":"Aaron Gartlan","url":"https:\/\/www.gartlaninjurylaw.com\/blog\/author\/dothanalabamalawyer\/","identifier":6,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3d2cf6b9fa253242e9c4d79550a007842dd4738da75634f31cb576c537fb5159?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3d2cf6b9fa253242e9c4d79550a007842dd4738da75634f31cb576c537fb5159?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gartlan Injury law","logo":{"@type":"ImageObject","@id":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2019\/02\/Gartlan-Logo-3Color-Horizontal-NoBackground-2.svg","url":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2019\/02\/Gartlan-Logo-3Color-Horizontal-NoBackground-2.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2023\/05\/pre-existing-condition.jpeg","url":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2023\/05\/pre-existing-condition.jpeg","height":667,"width":1000},"url":"https:\/\/www.gartlaninjurylaw.com\/blog\/workers-compensation-pre-existing-condition\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA","name":"Work Injury Lawyers || Gartlan Injury Law","description":"ADDRESS:\nGartlan Injury Law\n408 S Foster St\nDothan, AL 36301\n\nPHONE:\n(334) 699-4625","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/54cpdBoYwZA\/default.jpg","https:\/\/i.ytimg.com\/vi\/54cpdBoYwZA\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/54cpdBoYwZA\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/54cpdBoYwZA\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/54cpdBoYwZA\/maxresdefault.jpg"],"uploadDate":"2019-10-10T17:45:19+00:00","duration":"PT1M46S","embedUrl":"https:\/\/www.youtube.com\/embed\/54cpdBoYwZA","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UC_3-KhtACb15xdEWmYBKgFA#Organization","url":"https:\/\/www.youtube.com\/channel\/UC_3-KhtACb15xdEWmYBKgFA","name":"Gartlan Injury Law","description":"Attorney Aaron Gartlan and our team at Gartlan Injury Law are aggressive advocates who always have our clients' best interests at heart. We are dedicated to providing outstanding service to personal injury victims and their families in Dothan and throughout Alabama and to pursuing maximum compensation for their injuries and losses.\n\nADDRESS:\nGartlan Injury Law\n408 S Foster St\nDothan, AL 36301\n\nPHONE:\n(334) 699-4625","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_kBVfrIFk4Bsc_V6O0WlwZayeYFHPJcGO1Jg8bofguUsw=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":161}]]},"about":["Workers Compensation"],"wordCount":921,"articleBody":"You could still qualify for workers\u2019 compensation benefits in Alabama if you aggravate a pre-existing condition or injury while performing job-related tasks. But if you can\u2019t prove the aggravating factors are related to your work, you might not get the benefits you deserve.Getting workers\u2019 compensation for aggravating a pre-existing injury or health condition is often complex and time-consuming. Employers and workers\u2019 compensation insurers will fight to deny liability and protect their bottom lines. You need an experienced attorney who will aggressively advocate for your right to recover benefits after the work-related aggravation of a pre-existing condition.If you have a pre-existing injury that was aggravated by work-related activities in Alabama, contact Gartlan Injury Law today for a free case evaluation with our workers\u2019 compensation lawyer. We can answer your questions and help you pursue the financial benefits you need for your recovery.Are There Exceptions to This Rule?Aggravating a pre-existing injury or condition does not qualify for workers\u2019 compensation benefits in Alabama simply because it occurred while you were working. Instead, you must prove that your work activities contributed to the aggravation of your pre-existing condition. If your employer can show that you would have aggravated the pre-existing injury or illness regardless of your work situation, they might have grounds to deny your claim.What Are Some Examples of a Pre-Existing Condition?Common examples of pre-existing conditions and injuries that might flare up or worsen due to work activities include:Herniated spinal discsLigament sprains and tearsMuscle or tendon strains and sprainsArthritisBone fracturesBack injuriesKnee injuriesRepetitive stress injuries, such as carpal tunnel syndrome or bursitisVision or hearing disordersAsthma and other respiratory conditionsWhat Steps Can I Follow to Support a Pre-Existing Injury Claim?Steps you should take to preserve your right to recover workers\u2019 comp benefits for a pre-existing injury aggravated by your job include:Reporting your injury to your employer promptly \u2013 To maintain eligibility for workers\u2019 comp benefits in Alabama, you must report work-related conditions to your employer within five days of the accident or onset of symptoms. Failure to provide timely notice to your employer could jeopardize your eligibility for workers\u2019 compensation benefits.Seeking medical treatment as soon as possible \u2013 You should get medical treatment for the aggravated condition as soon as possible. If you delay seeing a doctor, your injury or illness might worsen. Your employer could also become suspicious of your workers\u2019 comp claim and argue that you wouldn\u2019t have waited so long to seek care if you were really hurt.Following your doctor\u2019s treatment instructions \u2013 You should follow the recommended treatments and medical restrictions your doctor prescribes. If you put off treatment or miss follow-up appointments, the workers\u2019 comp insurer might argue that you exaggerated the severity of your condition or made it worse by neglecting your health.Keeping copies of your medical records and pay stubs \u2013 You will need your medical records to prove that you suffered an aggravation of a pre-existing injury and link it to your work. You should also keep copies of your pay stubs to calculate the workers\u2019 comp benefits you are owed if you take time off work due to your condition.Gathering evidence to prove that your work aggravated your pre-existing condition \u2013 You must show that your work contributed to the aggravation of your condition. Evidence that could help you demonstrate a link between your work and your aggravated injury includes descriptions of your work duties, testimony from your co-workers and supervisors, and statements from your doctors and medical experts explaining how your work activities likely worsened your injury.Being honest about your pre-existing condition \u2013 You should discuss your medical history honestly with your doctors. If you try to hide that you\u2019ve had a similar injury in the past, you might hurt your credibility in your workers\u2019 comp claim.What Should I Do If My Workers\u2019 Compensation Claim Is Denied?Unfortunately, many employers and workers\u2019 compensation insurers deny claims for benefits involving pre-existing conditions. But if your employer or their insurer denies your claim unfairly, a lawyer can help you fight the denial and pursue the benefits you need.Your lawyer could help you seek assistance from the Alabama Department of Labor\u2019s Ombudsman program. The Ombudsman program provides mediation services to help resolve disputes over workers\u2019 comp claims. Although Ombudspersons can make binding decisions regarding the authorization of medical benefits, they can only offer voluntary mediation for denials of claims and other workers\u2019 comp benefits. However, they might not participate in voluntary mediation if an insurer has already denied your workers\u2019 compensation claim for an aggravated injury or medical condition.You might also contest the denial of your workers\u2019 compensation claim by filing a lawsuit against your employer or their insurer. A workers\u2019 compensation lawsuit follows the same rules and procedures as other civil lawsuits. However, workers\u2019 comp cases typically do not involve a jury unless an employer or insurer accuses a worker of causing their injury through willful misconduct. Remember that you must file a workers\u2019 compensation lawsuit within two years of suffering the aggravation of a pre-existing injury due to your work.Contact an Alabama Workers\u2019 Compensation LawyerIf your work aggravates a pre-existing condition, contact Gartlan Injury Law for a free, no-obligation consultation to speak with our Alabama workers\u2019 compensation lawyers about your rights. Let our experienced team fight to get you the workers\u2019 comp benefits you need to get your life back on track.Contact Our Alabama Workplace Injury Law Offices{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"VideoObject\",    \"thumbnailUrl\": \"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA\",    \"contentUrl\": \"https:\/\/www.youtube.com\/watch?v=54cpdBoYwZA\",    \"embedUrl\": \"https:\/\/www.youtube.com\/embed\/54cpdBoYwZA\",    \"uploadDate\": \"2019-10-10T00:00:00+0000\",    \"description\": \"Work Injury Lawyers || Gartlan Injury Law\",    \"name\": \"Work Injury Lawyers || Gartlan Injury Law\",    \"duration\": \"P0Y0M0DT0H1M45S\",    \"@id\": \"https:\/\/www.gartlaninjurylaw.com\/blog\/cw_video\/work-injury-lawyers-gartlan-injury-law\/#VideoObject\"}[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"Aggravating a pre-existing injury or condition does not qualify for workers\u2019 compensation benefits in Alabama simply because it occurred while you were working. Instead, you must prove that your work activities contributed to the aggravation of your pre-existing condition. If your employer can show that you would have aggravated the pre-existing injury or illness regardless of your work situation, they might have grounds to deny your claim.\",        \"@id\": \"https:\/\/www.gartlaninjurylaw.com\/blog\/workers-compensation-pre-existing-condition\/#Answer\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question1\",        \"text\": \"Unfortunately, many employers and workers\u2019 compensation insurers deny claims for benefits involving pre-existing conditions. But if your employer or their insurer denies your claim unfairly, a lawyer can help you fight the denial and pursue the benefits you need. Your lawyer could help you seek assistance from the Alabama Department of Labor\u2019s Ombudsman program. The Ombudsman program provides mediation services to help resolve disputes over workers\u2019 comp claims. Although Ombudspersons can make binding decisions regarding the authorization of medical benefits, they can only offer voluntary mediation for denials of claims and other workers\u2019 comp benefits. 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