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If I had prior back problems and my work injury made my condition worse, can I still pursue a Workers' Compensation claim?

 

A: Under the Iowa Workers' Compensation laws, an aggravation of a pre-existing condition is treated the same as a new injury. If your work injury makes your previous condition worse in terms of pain, severity, or frequency, you still would be able to obtain Workers' Compensation benefits. Although the insurance company and your employer may very well try to argue that your current condition is related to your prior problem, the medical testimony can typically establish the difference or change that has occurred with respect to your condition because of a work injury. This is the case regardless of whether the pre-existing problem was work related or not.

The medical evidence that would have to be established would be that your work injury aggravated, accelerated, worsened, or lighted up the prior condition and resulted in disability.

For this reason, it is very important that if you sustain any type of aggravation injury or worsening of your condition related to a work activity that you report it to your employer so that it can be investigated. Also, in those situations, it may be appropriate to speak with an experienced Workers' Compensation attorney.




Workers' compensation attorney and personal injury lawyer Nicholas Pothitakis has law offices in Burlington and Keokuk, Iowa, and serves clients throughout the southeast region of the state, including the following cities and counties:

Cities: Burlington, Keokuk, Fort Madison, Muscatine, Mt. Pleasant, Mediapolis, Wapello, Ottumwa, Fairfield, and Davenport.

Counties: Des Moines, Lee, Louisa, Henry, Van Buren, Jefferson, Washington, and Muscatine.