Worker’s Compensation and Pre-existing Conditions in Indiana: What You Need to Know

Posted 5 years ago — Ooley Law Blog

As an employee in Indiana, it is helpful to understand what protections worker’s compensation offers, should you find yourself suffering from an injury. Worker’s compensation benefits typically cover both major and minor injuries sustained from incidents that occurred while you were performing the duties of your job. However, many employees are unsure of how to navigate pre-existing medical conditions—are these prior injuries or conditions covered by Indiana worker’s compensation? In some cases, yes. Let’s take a closer look at how the Indiana Worker’s Compensation Act handles employees with pre-existing conditions.

Conditions Aggravated by Job Duties

Employers in Indiana are not obligated to offer worker’s compensation benefits that would cover the cost of any pre-existing conditions or diseases that are unrelated to some accident arising out of and occurring during the course and scope of employment. However, if your condition is aggravated while you are performing your job or if you sustain an injury that worsens your pre-existing condition while at your place of employment, worker’s compensation benefits may be provided. It is important to note that the employer is only obligated provide compensation for medicals and/or lost wages that result from the aggravating injury, not any treatments you received for this condition prior to the aggravating incident.

For example, an employee who suffered from a back injury a few years ago may find himself re-injured when lifting a heavy box during the course of his job as a mail-room worker. In this instance, the employee was feeling fine before he lifted the box, so this action is clearly the cause of his re-ignited back injury. As this incident occurred while performing his duties as an employee, he may be eligible to pursue a worker’s compensation claim, even if he has a documented history of prior back injuries.

Preparing a Strong Claim

Of course, the insurance companies may attempt to dismiss or deny your worker’s compensation claim based on your pre-existing injury. It is helpful to work with an experienced worker’s compensation attorney who can help you prepare a strong claim. Be sure to file your claim as soon as possible. Work with your attorney to remain transparent, disclosing your pre-existing condition so that the insurance company cannot accuse you of attempting to withhold information. Make sure you keep detailed and specific records of the incident and your injury, compiling all of the documents you receive from doctors and other medical professionals. The more information you can gather, the stronger your worker’s compensation claim can be. Your attorney will help you successfully navigate the claims process while you focus on your physical recovery.

Contact a Skilled Attorney Today

For more information about how to file a worker’s compensation claim in Indiana, contact Ooley Law today at (812) 567-3848 to speak to an experienced and effective attorney who can help you achieve your goals.