Can You Recover Financial Compensation
For Your Work Accident?
It’s no surprise that pre-existing or old injuries often come up in workers’ compensation cases and work accident lawsuits, especially those involving injured construction, manufacturing or other industrial employees. After all, workers in these industries are incredibly tough and tend to work through minor injuries and pain. I know because my father was a union carpenter in Philadelphia his whole life.
Many injured workers want to know whether they can make work accident claims for hurting an old injury or when a flare-up of an old injury occurs. Below is a discussion of Pennsylvania Workers’ Compensation law and how it applies to aggravation injury cases.
It is important to note that there are specific timelines within which notice must be provided to the employer in order to be eligible for workers’ compensation benefits in Pennsylvania. Therefore, if you suffered a flare-up of an old injury, you must provide proper notice to your employer. In many pre-existing injury workers’ compensation cases, the timing for providing notice is at issue. Do not delay in talking to a work accident lawyer about your specific case.
Pennsylvania Workers’ Compensation Law – Aggravation of an Old Injury
Employers in Pennsylvania are required to provide workers’ compensation benefits for work related injuries and accidents which aggravate, reactivate or otherwise accelerate a pre-existing or old injury. See Section 301(c) of the Pennsylvania Workers’ Compensation Act, which specifically defines “injury” and “personal injury” to include aggravation of an old injury. Therefore, Pennsylvania employers are required, by law, to provide workers’ compensation benefits when a worker aggravates an old injury.
For example, a construction worker was injured in a car accident several years ago and had some back pain which resolved shortly after the accident. Three years later, he is hurt in a work accident and suffers a back injury to the same area; he as aggravated his old back injury. Even though he had an old injury, so long as the employer is properly notified of the work accident, the employer must provide workers’ compensation benefits.
If you re-injured an old injury at work in Pennsylvania, please contact our office to discuss getting full compensation for your injuries. Click To Call
Laffey, Bucci & Kent is a work accident and injury law firm based in Philadelphia. Our work accident lawyers specialize in handling negligence cases against third parties and may handle workers’ compensation cases. Depending on the facts of a given work accident case, the firm may refer the workers’ compensation case to another law firm.
Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.