How A Pre-Existing Condition Affects Your Workers’ Compensation Claim In Wisconsin
Workers’ compensation claims can be challenging, especially when a pre-existing condition becomes a factor. Many employees worry that their pre-existing injuries or health conditions will automatically disqualify them from receiving benefits. However, under Wisconsin workers’ compensation law, you may still be entitled to benefits even if a prior injury or condition is involved. These cases often depend on whether the work-related activity aggravated the pre-existing condition or created new symptoms that affect your ability to work. Understanding how the law applies to these situations can help you protect your legal rights and make sure that you receive the financial compensation your case deserves.
Wisconsin’s workers’ compensation system is designed to provide benefits regardless of fault, meaning it does not matter whether you or your employer caused the injury. This no-fault system, however, requires that the injury or illness arises out of and in the course of employment. When a pre-existing condition is involved, the key issue is whether your workplace activities or environment caused the condition to worsen significantly. To establish a valid claim, it’s essential to show that your job or work injury played a substantial role in the aggravation of your pre-existing condition.
Wisconsin Statute § 102.03 Protects Injured Workers With Pre-Existing Conditions
Employers and insurance companies often try to deny or limit claims by arguing that the disability or medical condition was caused solely by the pre-existing injury and not work-related activities. This is where Wisconsin Statute § 102.03 comes into play. The law provides that if an injury or occupational disease is aggravated by employment, even partially, it may still be compensable. Proving this connection requires strong medical evidence and, in some cases, legal representation to challenge disputes.
One of the most critical steps in these cases is obtaining a detailed medical opinion from a qualified doctor. The doctor must explain how your workplace conditions or activities worsened your pre-existing condition. This medical testimony is vital in demonstrating that the worsening of the condition meets the “substantial factor” standard required under Wisconsin law. Without it, insurance adjusters may attempt to attribute your symptoms solely to the natural progression of the pre-existing condition, which could undermine your claim.
If you are concerned about how a pre-existing condition may impact your workers’ compensation claim, you are not alone. Many Wisconsin workers face similar challenges, and the law recognizes the complexities involved. Our legal team is here to help ensure that your rights are protected and that you receive the benefits you are entitled to under Wisconsin law.
FAQs About Pre-Existing Conditions And Workers’ Compensation In Wisconsin
What Is A Pre-Existing Condition Under Wisconsin Workers’ Compensation Law?
A pre-existing condition refers to any medical condition or injury you had before your current workplace injury or illness. This can include chronic conditions, prior injuries, or other health issues. Wisconsin law allows for compensation if your work activity aggravated or accelerated your pre-existing condition, provided it was a substantial factor in your disability or need for medical treatment.
Can I Still Receive Benefits If My Work Aggravated My Pre-Existing Condition?
Yes, Wisconsin Statute § 102.03 states that if work activities substantially worsen a pre-existing condition, the injury is compensable. You must provide medical evidence that demonstrates how your job duties or work injury caused the aggravation or acceleration of your condition.
How Do Insurance Companies Challenge Claims Involving Pre-Existing Conditions?
Insurance companies often argue that your symptoms are due to the natural progression of the pre-existing condition and not related to your work. They may use independent medical examinations (IMEs) to dispute your claim. It’s critical to have medical records and opinions from a trusted doctor who can support your case.
What Medical Evidence Do I Need To Prove My Claim?
You need a detailed medical report from your doctor explaining how your job duties or work injury caused a significant change in your pre-existing condition. The report should outline the connection between your work and the worsening of your condition, using objective medical findings when possible.
Can My Employer Fire Me For Filing A Workers’ Compensation Claim Involving A Pre-Existing Condition?
No, it is illegal for an employer to retaliate against you for filing a workers’ compensation claim. If you face retaliation, you may have grounds for additional legal action against your employer under Wisconsin law.
What Benefits Can I Receive If My Pre-Existing Condition Was Aggravated By Work?
If your claim is approved, you may receive benefits such as medical expenses, temporary or permanent disability payments, and vocational rehabilitation if you cannot return to your prior job. The exact benefits depend on the severity of your condition and its impact on your ability to work.
How Does Wisconsin Law Define “Aggravation” Of A Pre-Existing Condition?
Under Wisconsin workers’ compensation law, “aggravation” occurs when work-related activities substantially worsen, accelerate, or contribute to a pre-existing condition. The key is proving that your job or work injury was a significant factor in the change in your condition rather than the natural progression of the pre-existing condition. This connection must be supported by medical evidence and expert testimony.
What If My Pre-Existing Condition Was Symptom-Free Before My Workplace Injury?
If your pre-existing condition was asymptomatic before your workplace injury and your job or work injury caused symptoms to emerge, you may still be eligible for workers’ compensation benefits. Wisconsin law recognizes that employment-related activities can trigger or exacerbate previously dormant conditions, making them compensable under the statute as long as the work activity or work injury is a substantial factor in the symptoms.
Can I Receive Vocational Rehabilitation If My Pre-Existing Condition Prevents Me From Returning To Work?
Yes, if your work-related injury or the aggravation of your pre-existing condition prevents you from returning to your previous job, Wisconsin workers’ compensation law allows for vocational rehabilitation benefits. These benefits include retraining or job placement assistance to help you transition to new employment within your physical capabilities. An attorney can help ensure you receive these benefits if your condition prevents you from resuming your prior occupation.
Contact Our Brookfield Worker’s Comp Attorney For A Free Consultation
If you’re dealing with a workers’ compensation claim involving a pre-existing condition, don’t let employers or insurance companies deny you the benefits you deserve. At Gillick, Wicht, Gillick & Graf, we have decades of experience helping injured workers throughout Wisconsin secure their rights under the law. Our Milwaukee-based team understands the complexities of Wisconsin workers’ compensation cases and is ready to guide you every step of the way.
Contact our Brookfield worker’s comp attorney at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive your free consultation. We proudly represent injured workers across Wisconsin and are committed to helping you obtain the compensation you deserve.