Maryland Worker's Compensation Lawyers

Pre-Existing Injuries and Maryland Workers’ Compensation

In Maryland, workers’ compensation benefits may still be available if a workplace accident aggravates, accelerates, or worsens a pre-existing condition. While the underlying condition itself is not compensable, the new harm, increased medical treatment, and lost wages caused by the work-related aggravation may qualify for benefits under Maryland workers’ compensation law.

When a Pre-Existing Condition Is Covered

Maryland law recognizes that many employees enter the workforce with prior injuries or chronic conditions. If a job-related incident makes that condition worse, the resulting disability may be compensable.

Key legal principles include:

• Aggravation Is Compensable: If a workplace accident worsens a prior condition—such as a back injury, knee problem, or arthritis—the new and increased disability may be covered.
• No Automatic Denial: Having a pre-existing injury does not disqualify you from workers’ compensation benefits in Maryland.
• Burden of Proof: The injured worker must show that the workplace incident directly caused the worsening condition or disability.
• Medical Evidence Is Critical: Strong medical documentation must demonstrate a significant change in your condition, not merely the natural progression of an illness.
• Apportionment of Permanent Disability: If a permanent disability results, benefits may be reduced to account for the non-work-related portion, although treatment for the work injury is typically covered.

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Common Maryland Workers’ Comp Scenarios

• Re-injury: A previously healed injury is re-injured while performing job duties.
• Exacerbation: A stable condition (like arthritis or degenerative disc disease) worsens due to repetitive or physically demanding work.

Practical Steps to Protect Your Claim

• Disclose Pre-Existing Conditions Early: Be honest with your employer and medical providers. Failure to disclose prior injuries can harm your credibility and lead to claim denial.
• Document the Workplace Incident: Focus on how the specific work event or job duties worsened your condition, including medical visits, symptoms, and work restrictions.

If a work accident made an old injury worse, you may still have a valid Maryland workers’ compensation claim. Proper medical documentation and early reporting can make a critical difference in securing the benefits you deserve.

Jack Hyatt Maryland Workers Compensation Lawyers