You've been managing chronic back pain for years, but you've never let it stop you from doing your job. Then, one day, you suffer a serious fall at work that leaves you with excruciating pain radiating down your legs. You know your employer doesn't carry workers' compensation insurance. Will your preexisting back issues prevent you from getting the medical treatment and financial support you need?
Texas allows private employers to opt out of workers' compensation, but you may have other compensation options. Warren Armstrong understands the challenges workers face when pursuing a non-subscriber work injury claim involving preexisting conditions and fights for fair recoveries.
Common Pre-Existing Conditions That Can Be Worsened by Workplace Accidents
Back pain isn’t the only type of preexisting condition. Many types of preexisting health issues can be aggravated by an on-the-job injury, causing increased pain, reduced mobility, and a longer recovery period. Some common preexisting conditions that may be exacerbated by a workplace accident include:
- Degenerative disc disease. If you have preexisting spinal disc degeneration, a slip and fall or lifting injury can cause a disc to herniate or rupture.
- Arthritis. A joint injury can inflame preexisting arthritis, increasing pain, stiffness, and swelling.
- Chronic pain conditions. A workplace injury can significantly worsen fibromyalgia, chronic regional pain syndrome, and other chronic pain disorders.
- Mental health conditions. The trauma and stress of an on-the-job accident can exacerbate preexisting anxiety, depression, or PTSD.
- Hypertension and heart disease. The pain and stress of a workplace injury can cause spikes in blood pressure and heart rate, potentially worsening preexisting cardiovascular conditions.
Even if you have a preexisting condition, you still deserve compensation when a work-related incident causes your health to decline. An experienced non-subscriber workplace injury attorney can help you prove the connection between the accident and your worsening symptoms.
Insurance Companies Often Blame Your Pain on Pre-Existing Conditions
One of the most common tactics insurance companies use to avoid paying non-subscriber work injury claims is arguing that your pain and limitations are due to a preexisting condition, not a workplace accident. They may demand access to your complete medical history, looking for any mention of similar symptoms or injuries.
Distinguishing Between Aggravation Injuries and Pre-Existing Conditions Is Key
Dallas-Fort Worth work injury lawyer Warren Armstrong knows it's essential to demonstrate how your on-the-job accident caused a new injury or aggravated your preexisting condition when pursuing a non-subscriber claim. Some important evidence in these cases includes:
- Documentation of your pre-accident abilities. Statements from coworkers explaining that you were fully capable of performing your job duties before the accident can show that your preexisting condition was under control.
- Proof of changes in your symptoms. Medical records showing that you are experiencing new symptoms or that your preexisting pain has significantly worsened since the accident may help connect your condition to the workplace incident.
- Imaging scans from before and after the accident. X-rays, MRIs, and CT scans may show that you have new or more severe abnormalities than you did before your injury and can be powerful pieces of evidence.
- Expert medical opinions. Statements from your doctors detailing how the accident caused your current condition, even considering your prior injuries or illnesses, are essential.
By painting a vivid before-and-after picture, Armstrong Personal Injury Law can overcome attempts to use your medical history against you.
Texas Law Holds Non-Subscriber Employers Responsible for Aggravation of Pre-Existing Conditions
Fortunately, Texas non-subscriber work injury law still holds negligent employers responsible for the consequences of on-the-job accidents, even when a preexisting condition is involved.
If the accident aggravated your preexisting condition, your employer is on the hook for 100% of your damages, including the costs of treating that aggravation. It doesn't matter if a healthier worker may have suffered less severe injuries. Your employer must fully compensate you for the harm their negligence caused you.
Uncovering All the Evidence Needed to Support Your Non-Subscriber Claim
Unfortunately, it's rare for an insurance company to acknowledge an aggravation injury without a fight. Warren Armstrong is skilled at compiling the evidence necessary to demonstrate the full impact of your on-the-job accident.
When you work with Armstrong Personal Injury Law, you can expect:
- A complete investigation into your accident to uncover evidence of employer negligence and OSHA safety violations
- A comprehensive review of your medical history to understand your pre-accident condition
- Consultations with expert medical professionals who can speak to how the on-the-job incident affected your preexisting condition
- Aggressive negotiation with the insurance company to secure maximum compensation for your injuries and resulting damages
- Careful preparation of your case for trial if the insurance company refuses to agree to a fair settlement
