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What If I Have a Pre-existing Injury?

Previous Injuries Do Not Disqualify a Work Injury

An old injury (a pre-existing condition) does not mean you cannot claim worker's compensation for a work injury that aggravates a pre-existing condition.

This is a situation you would want to discuss with your treating doctor and with your lawyer — not with the insurance adjuster. The insurance adjuster or your employer may want to confuse the circumstance by saying you were injured outside of work. Talk to a workers' compensation attorney about your specific injury.

Work injuries are any injuries that happened at work.

You may have had a back injury or knee injury or any other type of injury at some other time and place, but if you re-injure that area at work, you can make a claim for workers' compensation benefits.

It can be difficult to get a straightforward answer about a pre-existing injury from your employer or insurance adjuster. They may discourage you from making a claim at all. It is important in this and in other areas of workers' compensation to discuss your specific injury with a lawyer who can explain and protect your rights.

Suppose at one time you were a smoker. In fact, you still may be a smoker. That does not explain lung injuries caused by inhaling toxic workplace chemicals or dust. Someone may try to convince you, however, that your smoking caused your problems, not the work environment.

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If you have been injured at work, you are entitled to file a claim for workers' compensation. The Eley Law Firm in Denver can explain Colorado workers' compensation law and how it affects you.