One of the most common things we hear from injured workers is, “The insurance company says my injury isn’t covered because I’ve had this problem before”
Maybe you hurt your back years ago. Maybe you’ve been dealing with arthritis in your knee. Maybe an old shoulder injury never completely went away.
Many Maryland workers assume that a pre-existing condition automatically disqualifies them from workers' compensation benefits. In most cases, that’s simply not true.
Having a pre-existing condition does not automatically defeat your claim
Maryland workers’ compensation law recognizes an important reality: people are not hired as perfect physical specimens.
Workers bring their medical history with them to the job. Bad backs, worn-out knees, prior surgeries and degenerative conditions are common, especially for people who have spent years working physically demanding jobs.
What matters is not whether the condition existed before.
What matters is whether your work accident made that condition worse.
For example, imagine a warehouse employee who has occasional lower back pain. One day, while lifting heavy materials, he experiences severe pain shooting down his leg and can no longer perform his job. The fact that he had some prior back problems does not automatically prevent him from receiving benefits.
The key question is whether the work injury aggravated, accelerated or worsened the underlying condition.
Insurance companies often focus on your medical history
Insurance companies frequently point to old medical records when evaluating a workers’
compensation claim. They may argue:
- Your symptoms existed before the accident.
- Your MRI shows degenerative changes.
- Your condition is age-related.
- Your current problems are the result of a prior injury rather than a workplace accident.
In many cases, however, a worker was able to perform their job before the accident and cannot do so afterward. That distinction can be extremely important.
Just because a condition existed before the injury does not mean the workplace accident played no role in your current disability.
What happens if your claim is denied?
A denied workers’ compensation claim is not necessarily the end of the case.
In Maryland, injured workers can request a hearing before the Maryland Workers’ Compensation Commission by filing Issues.
At the hearing, medical records, physician opinions and other evidence can be presented to show how the work injury aggravated the pre-existing condition.
Medical evidence is often critical. A treating physician or medical expert may be able to explain why the worker’s symptoms worsened after the workplace accident and why treatment remains necessary.
Don’t assume an old injury destroys your case
At Cohen, Snyder & Eisenberg, we regularly speak with Maryland workers who have been told that their claim is weak because they previously injured the same body part.
In many situations, that is simply not the end of the story.
The real issue is whether your work accident made the condition worse, increased your symptoms or created a need for additional medical treatment. If it did, you may still be entitled to workers’ compensation benefits under Maryland law.
An old injury does not automatically give the insurance company a free pass.
