“They won’t cover my injury because I had back problems before.” If you’ve heard this from an insurance company or employer, don’t give up on your claim. Pre-existing conditions don’t automatically disqualify you from receiving compensation—but insurance companies want you to think they do.
Understanding how pre-existing conditions affect your claim is crucial for protecting your rights. The most important thing to know is this: If a workplace accident or injury makes a pre-existing condition worse, you’re entitled to compensation for that aggravation.
Understanding the “Eggshell Plaintiff” Rule
Here’s what insurance companies don’t tell you about pre-existing conditions: Ohio law recognizes the “eggshell plaintiff” doctrine. This means they must take you as you are—existing conditions and all. If your previous back problem made you more susceptible to injury, that’s not your fault.
The key is being able to show how your current injury or condition is different from, or worse than, your pre-existing condition. Medical documentation is critical. Your medical records should clearly demonstrate:
- The state of your condition before the incident
- How the new injury changed or worsened your condition
- Which symptoms are specifically related to the new injury
- How the new injury affects your ability to work
Be Upfront About Preexisting Conditions
Many injured workers make the mistake of not disclosing their pre-existing conditions, fearing automatic claim denial. This approach can backfire. Being upfront about your medical history—while clearly documenting how the new injury has impacted your condition—is the strongest strategy.
Insurance companies and employers often try to blame all your current problems on your pre-existing condition. They might say your back pain is “just your arthritis acting up” or claim your injury would have happened anyway. Don’t let them minimize your injury or deny you the compensation you deserve!
You’re Entitled to Compensation for Aggravation
The Law Offices of Tim Misny understands how to handle complex cases involving pre-existing conditions. We know how to prove the difference between your previous condition and your new injury, to make sure you receive fair compensation for your workplace injury.
Call my office at (877) 944-4373 for a free evaluation of your case. When insurance companies try to use your pre-existing conditions against you, I’ll Make Them Pay!®
