Most people in the New Jersey workforce are not in 100 percent perfect health. Often, workers have experienced injuries or medical conditions in the past. Even though these people have already received treatment and at least partially recovered, the work they do may make prior conditions resurface. What these workers may not realize is that it is possible to collect workers’ compensation even though the condition was preexisting.
Admittedly, it is not a simple matter to file a workers’ compensation claim in relation to a preexisting condition. Employees may need to seek assistance with their claims, usually by contacting an attorney. These types of claims are called aggravation and exacerbation and are defined as thus according to a workers’ compensation resource:
Aggravations are typically not temporary and can occur when a new workplace injury or accident causes a prior injury to resurface.
Unlike aggravations, exacerbations are usually temporary. They also occur when a new workplace injury or accident causes an old condition to flare up. Exacerbations usually recede over time.
One of the most important things you should know about these claims is that they are often denied. As long as you meet the requirements for an aggravation or exacerbation claim, the insurance company cannot legally deny your claim. Successful denial usually happens if the employee was not forthcoming about his or her prior condition.
Even though aggravation and exacerbation workers’ compensation claims in New Jersey can be challenging, it is your right to collect these benefits. If you are not sure you have a valid claim, please reach out to our attorneys for additional information.