It is common for injured workers to have a prior or preexisting condition that is made worse because of work activities. Under Iowa workers compensation law, if your preexisting condition is aggravated, accelerated or worsened due to work duties or activities then your claim should be covered. We sometimes refer to this as the straw that broke the camels back. So for example, if you have had some back problems throughout your life, but while lifting something heavy at work your back goes out, then if your back condition ends up being permanently worse, then you have sustained an aggravation of a preexisting condition and should receive workers' compensation benefits.
What If My Injury Doesn't Get Better?
However, the preexisting condition issue often comes down to if the aggravation is temporary or permanent. Frequently company doctors will say that the condition is temporary and that you returned to baseline (also known as your preexisting condition) after a work injury. Keep in mind that the opinions of the company doctors while important, are not conclusive and does not mean that you automatically lose your case.
There are many doctors throughout Iowa who almost always write reports that help the employer and hurt you, the injured worker. So if the insurance company denies your workman compensation case based upon your preexisting condition, you still may have a winning case. For more information call our office and ask to speak with one of our Iowa work comp lawyers. If they are not immediately available then ask to set-up a no cost work injury evaluation.
To learn more about Iowa's workers' compensation system including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order a copy of our book “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” by going to www.IowaWorkInjury.com or by calling 1-800-707-2552 (ext. 811) (24 Hour Recorded Message). Why offer a Book at No Cost? Iowa Workers' Compensation Attorney Corey J. L. Walker offers his book at no cost because he has represented hundreds of Iowans hurt at work and seen too many clients make mistakes before they knew about their rights and responsibilities costing them thousands of dollars. Iowans injured on the job are beginning to realize that the work comp. insurance company is not there to help them and they should at least consider having someone on their side to help them. Finally, you can learn about Iowa work injuries in the comfort of your own home with no cost, risk or obligation. For immediate assistance call 515-440-2852 and ask for Corey or Erik.