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What if I have a pre-existing injury, but my work accident or exposure made it worse?

 

A: A pre-existing injury made worse by a work accident or exposure is still compensable.  You would still be entitled to medical care and, if necessary, pay for time out of work.  When settling the permanent disability apsect of the case, you would give your employer a credit for the prior injury.  By example, assume you had a prior disc herniation that did not require surgery.  You then have a work accident that makes the disc worse, so that surgery is now necessary.  Your employer would be responsible to pay for the surgery; any other curative treatment and pay for your time out of work.  When you settle the permanent disability aspect of the case he gets a credit for the value of a non-operated disc herniation, but pays you the balance of the value for your operated herniated disc.