It is normal for employees to worry about their workers’ comp claim approval because of a prior medical condition or injury. In Nebraska, the key question is whether the work accident made your condition worse or created a new injury altogether.
Nebraska law on pre-existing conditions
Under Nebraska’s workers’ compensation laws (Neb. Rev. Stat. §48−101 to §48−1, 118), employees are entitled to benefits if their work-related activity worsens or combines with a pre-existing condition to produce a new disability that requires medical treatment. This means your claim will not automatically be denied just because you have an injury that existed before the accident.
Note that the law does not cover disability or injury resulting from the natural progression of a pre-existing condition. The Nebraska Supreme Court has consistently ruled that if a work injury worsens a prior condition, that aggravation is compensable.
Let us say you have osteoporosis, a pre-existing condition. If your job or a pre-existing injury makes the condition worse, then it is compensable. However, if the existing condition was only discovered during testing for the injury without worsening it, your claim could be denied.
Signs your pre-existing condition might not stop your claim
Not all pre-existing conditions will stop your claim. Here are a few examples of when a pre-existing condition may still qualify for benefits:
- Your job duties caused your old injury to flare up.
- You could work normally before the incident, but now you cannot.
- Medical tests show that the work accident worsened your prior injury.
- You need new treatment or surgery after the accident.
- Your doctor directly connected the worsening of your condition to your work.
No two cases are the same, which is why medical evidence plays a key role in proving that your current disabilities are work-related. Nebraska also follows the principle of apportionment, which explains the calculation of compensation in aggravation cases.
Protect your right to benefits
Insurers often use pre-existing conditions to deny or limit claims. But the state protects workers whose jobs make their old injuries worse. To make sure you get the benefits you deserve, consult a lawyer well-practiced in workers’ compensation to help you gather medical records, professional opinions and evidence that support your case.
A prior condition alone should not be grounds for denying your claim. Fight for your rights to compensation for the harm that your job has caused you.