Martindale-Hubbell AV Preeminent
Super Lawyers
Super Lawyers Rising Stars
Maryland State Bar Association
Top 100 Trial Lawyers
DC Bar
Maryland Association for Justice
American Bar Association
Prince George's County Bar Association

Aggravation of Pre-existing Conditions

Prince George’s County Lawyers Helping People Hurt at Work Fight for Workers’ Compensation Benefits

When an employee with a prior injury or health issue suffers an aggravation of pre-existing conditions while performing their job duties, they may face increased medical challenges and recovery times. Under Maryland law, workers are entitled to benefits for injuries sustained on the job, even if those injuries worsen an existing medical condition, but it can be challenging to establish that such harm is work-related. If you sustained losses due to the aggravation of a pre-existing condition while working, it is important to understand your rights, and you should talk to an attorney. At Foran & Foran, P.A., our assertive Prince George’s County workers’ compensation attorneys take pride in helping injured employees protect their interests, and if we represent you, we will advocate zealously on your behalf to help you seek any benefits available.

Understanding Aggravation of Pre-Existing Conditions

The term aggravation of pre-existing conditions refers to an incident where a work-related task exacerbates a medical condition that the employee already had prior to their injury. Common pre-existing conditions that may be aggravated at work include back injuries, arthritis, joint issues, and heart conditions. Even when a worker was able to manage a condition before the incident, the increased strain, repetitive motions, or an unexpected accident at work can lead to the worsening of their symptoms or an extension of their recovery period. In such cases, the worker’s underlying condition may become painful or debilitating, requiring further treatment or even preventing them from continuing to perform their job.

An aggravation of a pre-existing condition can arise in various workplace settings. For example, an office worker with a history of carpal tunnel syndrome may find that repetitive typing duties worsen their symptoms, causing increased pain and functional limitations. In other cases, a construction worker with a previous back injury could experience a significant setback if they are required to lift heavy materials as part of their job.

Workers’ Compensation Eligibility for Aggravated Pre-Existing Conditions in Maryland

Maryland workers’ compensation laws offer protection to workers whose pre-existing conditions have been aggravated by their job-related activities. Workers in this situation are typically eligible for workers’ compensation benefits as long as they can demonstrate that their work environment or tasks contributed to the aggravation of their condition. To qualify, the employee must meet specific eligibility criteria, including being classified as an employee rather than an independent contractor, and the injury must occur within the scope of their employment. As with other workers’ compensation claims, the injury must arise out of and during the course of employment, meaning it happened while performing job-related tasks or duties.

Challenges in Proving Aggravation of Pre-Existing Conditions

While Maryland’s workers’ compensation laws support claims for aggravated pre-existing conditions, proving the link between a job-related activity and the worsening of a prior condition can be challenging. Insurance companies or employers may argue that the worsening symptoms are solely due to the underlying condition rather than work-related factors. This can complicate claims and may even result in denial or reduced compensation. Documentation from medical professionals is critical in these cases, as it provides evidence of the condition’s worsening and demonstrates that the aggravation is work-related.

Benefits Available for Aggravation of Pre-Existing Conditions

Injured employees are entitled to several benefits under Maryland’s workers’ compensation system. First, they can recover medical benefits that cover all reasonable and necessary medical expenses related to the aggravated condition. For workers who cannot continue working due to their aggravated condition, temporary total disability (TTD) benefits may be available to replace a portion of their lost wages. TTD benefits usually cover two-thirds of the worker’s average weekly wage, up to a state-defined cap. Injured workers can recover these benefits until they are cleared to return to work or reach maximum medical improvement.

If the worker is able to complete some tasks but at a reduced capacity, they may be able to recover temporary partial disability (TPD) benefits. TPD benefits cover a portion of the difference between the worker’s previous wages and the reduced wages they can earn due to their limited work capacity. Workers who experience a long-term or permanent impairment resulting from the aggravated condition may also qualify for permanent partial disability (PPD) or permanent total disability (PTD) benefits. These benefits are calculated based on the nature of the disability and the employee’s earning potential.

Contact a Dedicated Prince George’s County Workers’ Compensation Lawyer

At Foran & Foran, P.A., our dedicated Prince George’s County workers’ compensation attorneys understand the unique challenges involved in cases involving pre-existing conditions, and if we represent you, we can gather the evidence needed to provide you with a strong chance of a favorable outcome. Our office is in Greenbelt, Maryland, and we regularly represent people in workers’ compensation cases in Hyattsville, Bowie, Rockville, Upper Marlboro, Waldorf, Silver Spring, La Plata, and other cities in Prince George’s County, Montgomery County, Charles County, and all counties in the State of Maryland. You can set up a confidential and free meeting by using our form online or by calling us at (301) 441-2022.

Client Reviews
★★★★★
“John Foran is very knowledgeable, thorough, and kind. He takes time to explain legal terms and the process of your case. I'm happy that I found him.” Chauncey
★★★★★
“Ryan Foran is an excellent attorney, responds to his emails and communicates to the point. Mary is also an excellent paralegal secretary. Thanks Foran and Foran.” Gee M.
★★★★★
“Five star review. Great team to work with. Highly recommend” Susan R.