In work injury cases, not every work injury case is the same.

Understanding how the incident occurred and what injuries were caused by the incident is essential to understanding your case.

When evaluating an employer’s argument about degenerative and pre-existing conditions in a work injury case, it is important to consider a few key points, explains Texas Non-Subscriber Lawyer Hector Sandoval.

While each case is unique, I can offer some general information to help you understand why you might not want to fully accept the employer’s argument:

1. Aggravation of pre-existing conditions: Even if you have a pre-existing condition, if your work-related injury aggravated or worsened that condition, you may still be entitled to compensation. The law recognizes that employers are responsible for exacerbating existing conditions through work-related activities.
2. The “but for” test: In many jurisdictions, the legal principle of the “but for” test is applied to work injury cases. This means that if the work-related incident was a substantial factor in causing the injury, it doesn’t matter if you had a pre-existing condition. As long as your injury would not have occurred “but for” the workplace incident, you may still have a valid claim.
3. Compensation for increased disability: If a work-related injury causes your pre-existing condition to worsen or results in additional disability, you may be entitled to compensation for that increase in impairment. The law often recognizes that employers should be held responsible for the consequences of workplace accidents, even if they exacerbate pre-existing conditions.
4. Workers’ compensation laws: Workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses, regardless of pre-existing conditions. These laws generally prioritize the principle of “no-fault,” meaning that compensation is available regardless of who is at fault for the injury. Keep in mind that in Texas, workers’ compensation laws operate differently compared to other states.

If your employer is a non-subscriber, the situation becomes more complex. It’s important to consult with an experienced workers’ compensation attorney who can assess the specific details of your case and provide guidance based on your jurisdiction’s laws.

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At Sandoval Law Firm, PLLC, as your attorney, we will investigate your injuries thoroughly and provide you with answers as to what caused them! If you’ve been injured at work, do your research!