by Lauren Osgood | Dec 14, 2020 | Workers' Compensation
In Ohio, when an employer hires an employee, they take that employee, “as they find them.” This means that should you find yourself in a situation where you injured a body part that you had previously injured you should still file a workers’ compensation claim. When you find yourself in a situation where you have injured the same body part it is very likely that you will receive some pushback in having that condition allowed.
As with all workers’ compensation claims, the injured worker has the burden of ultimately proving they suffered an injury because of something that happened at work. If you had a prior injury that you are alleging was aggravated this would be no different. That said it must be shown that an injured worker suffered a substantial aggravation of a pre-existing condition. This requires that there be an objective change in the injury. This can be documented by an MRI, X-ray, CT Scan, or a doctor’s report giving support for the injury by way of substantial aggravation. If prior testing or an operation occurred, it is always better to have a doctor look at pre-injury and post-injury testing in comparison.
While an injury by way of substantial aggravation can be more complicated than proving an injury to a body part that had no prior history of injury, it can be done. Simply because an injured worker had a prior injury to the requested body part does not preclude a claim from being filed. If you or a loved one has been injured at work, please contact the workers’ compensation lawyers at The Bainbridge Firm.
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