Can employers write off an accident as a preexisting condition? How? 16 Answers as of June 09, 2015

My husband suffered a pretty bad work related accident. He fell and his knee was badly injured. The thing is, my husband has had surgery on his knee in the past. He injured his knee and got surgery in 2011. He is currently receiving physical therapy and is scheduled to get an MRI soon. His boss has informed him that if the MRI indicates that his meniscus has been torn, then they will be able to avoid workers compensation or any lawsuits. They say that this will be a preexisting condition. Can they legally do something like this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
KEYL ADR Services, LLC | Mark D. Keyl
It all depends what the medical findings are. If he suffered injuries as a result of the fall at work, he is entitled to workers comp. It is a medical determination, not an employer determination.
Answer Applies to: Mississippi
Replied: 6/9/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, if a person sustains an illness or injury (including the worsening of an underlying condition) during the course and scope of the employment, it is a workers compensation case. The employer is stuck for the medical expenses and lost wages during the recuperation period. Get an experienced comp lawyer.
Answer Applies to: Michigan
Replied: 6/5/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Expert medical evaluation and opinion is needed to assess personal injury and disability and to apportion it amongst the various alleged competing causes.
Answer Applies to: California
Replied: 6/4/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your best bet is to consult a Workers Comp attorney. Use the yellowpages or check online (e.g. on Avvo.com). The facts and the applicable law are too complex for a simple answer from this site.
Answer Applies to: Wisconsin
Replied: 6/4/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Aggravations of pre-existing conditions are covered events. If the insurer denies coverage, call a lawyer.
Answer Applies to: Montana
Replied: 6/4/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    This is a medical issue, to be decided by the doctors, not by the employer.
    Answer Applies to: California
    Replied: 6/4/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    They can say whatever they want but the course of the litigation will determine what will occur.
    Answer Applies to: New York
    Replied: 6/4/2015
    Fox & Fox, S.C. | Richard F. Rice
    Your Husband needs to retain a Worker's Compensation attorney.
    Answer Applies to: Wisconsin
    Replied: 6/4/2015
    Gates' Law, PLLC | Thomas E. Gates
    It takes a doctor to determine whether the degree of injury to the knee was compounded by the prior injury. Basically, was he declared "fit" after the 2011 accident? You husband may want to talk to a personal injury attorney. There are many that specialize in work related claims. Most offer free initial consultation.
    Answer Applies to: Washington
    Replied: 6/4/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    And aggravation of a pre-existing condition is considered to be a new injury under Comp law.
    Answer Applies to: Alabama
    Replied: 6/4/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    his boss is wrong. If the reentry and need for surgery came from a work accident they must pay
    Answer Applies to: Connecticut
    Replied: 6/4/2015
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    generally, employers are not liable for pre-existing conditions, but this question is too complicated for the analysis required to give you a reliable answer. You should consult with a workers' comp attorney in your area.
    Answer Applies to: Georgia
    Replied: 6/4/2015
    Ty Wilson Law | Ty Wilson
    This is a complicated subject. Your husband should reach out to a Georgia workers' compensation attorney immediately. Aggravations of pre-existing injuries are the Employer's responsibility in a Georgia workers' compensation setting.
    Answer Applies to: Georgia
    Replied: 6/4/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    His boss has no business talking to him about this at all. The employer's lawyer should take this up with your husband's lawyer. That's what we do, that's what we're for. If the boss even mentions this again, your husband should politely say: "Let's not tak about this, let's just let the lawyers handle it" It will come down to medical evidence: as you mention, your husband did indeed have a previous injury to that knee, and often, such conditions do become worse over time. But if your husband's doctor backs him up and your husband's lawyer is able to use that evidence effectively, then the Comp Board may rule in your husband's favor.
    Answer Applies to: New York
    Replied: 6/4/2015
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Yes and no. Your husband needs to work with an attorney. The attorney will explain the possibility of recovery.
    Answer Applies to: New York
    Replied: 6/4/2015
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    You need obtain a WC lawyer asap. If your husband aggravated his condition the current employer/insurer should be liable. But you need to get doctor who will be helpful. Your lawyer can help you select best doctor.
    Answer Applies to: Georgia
    Replied: 6/4/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney