Can I File for Workers’ Compensation Benefits for a Pre-Existing Condition?

Every state has laws that allows a worker to receive Workers’ Compensation benefits should they become injured or ill at work. In exchange for this coverage, a worker is prohibited from suing their employer because of the injury or illness. So, it is fair to wonder whether Workers’ Compensation benefits apply to pre-existing conditions.

Fortunately, a pre-existing injury or illness is generally covered if it is aggravated at work. According to Pennsylvania Workers’ Compensation law, as well as other states, a worker is eligible for coverage should their pre-existing condition become aggravated or worsened because of a workplace incident or condition.

A pre-existing condition is considered an injury or illness that developed prior to employment. A few common examples of a pre-existing condition include:

  • Back or neck injuries.
  • Knee injuries.
  • Cancer.
  • Auto-immune diseases.
  • Herniated discs.
  • Carpal tunnel syndrome.

According to Pennsylvania law, the aggravated injury is considered an entirely new injury, as long as the aggravation occurred at work or because of a work-related activity. This applies even if the employer was not aware of the pre-existing injury. According to the Pennsylvania Workers’ Compensation Act, employers are required to provide these benefits regardless of awareness or visibility of the previous injury.

For example, a worker may have suffered a back injury in a car accident prior to working for a new company. While at work, the employee slipped and fell, aggravating the back injury, which would then become a herniated disc. The herniated disc is treated as a new injury and is coverable under Workers’ Compensation law.

The amount someone would receive for Workers’ Compensation benefits is largely based on the severity and classification of the new injury, the amount of wages lost because of the injury, and medical expenses. These medical expenses can include physical therapy, CT scans, X-rays, and other related treatments.

Delaware County Workplace Accident Lawyers at the Law Office of Deborah M. Truscello Help Injured Workers With Pre-Existing Conditions

Even if you have a pre-existing illness or injury, you may still be covered by Workers’ Compensation benefits if you aggravate your condition. Talk to our Delaware County workplace accident lawyers at the Law Office of Deborah M. Truscello today. Call us at (610) 892-4940 or fill out our online form for a free consultation. Located in Media, Pennsylvania, we serve clients in Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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Reasonable Rates & Fees

For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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Why Clients Choose Deborah

Heather A
2023-03-01
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
2019-10-08
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
2019-09-24
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
2019-09-01
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
K M
2019-05-18
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
2018-08-17
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!
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