September 12, 2025
Many Ohio workers go to work while already injured. A 2010 U.S. Department of Labor report shows that workers in 90% of traumatic injury cases and 83% of occupational illness cases did not miss work within the first year. It is ingrained in the American psyche that you do not miss work, no matter how injured. While some injuries are not very serious and do not require time off work, many injuries are serious and require time for the body to heal. And yet, Ohioans often refuse to protect themselves. This creates situations where workers already have pre-existing injuries prior to a serious work injury.
When a worker is already hurt and then suffers a workplace accident, it can be difficult to navigate which part of the injury was pre-existing and which part was caused by the new incident. You will need an experienced advocate to help you navigate these troubled waters.
A pre-existing injury is an injury that took place prior to the work injury. For instance, a worker may have ongoing non-work-related back issues for which they see a chiropractor. If that worker later injures their back while lifting a 50-pound package on the job, the question becomes: how much of the current injury is the result of the non-work-related back issues, and what portion is the result of trying to lift the package?
In these instances, the worker often claims that the work injury was a “substantial aggravation.” When someone suffers a substantial aggravation, that worsening of the condition must be supported by objective medical evidence, such as diagnostic evidence or other evidence of substantial worsening.
The best way to avoid problems with workers’ comp for pre-existing conditions is to make sure the pre-existing issue is well-documented. That means securing any diagnostic evidence now, such as X-rays, MRIs, and other scans that show the extent of the pre-existing condition – before any workplace injury occurs. If the condition later worsens, a doctor can compare the older diagnostic evidence with the new diagnostic evidence as a result of the new injury. This can clarify which part of the injury is new and which was pre-existing.
If you have not done a good job of getting the pre-existing issue documented, there is still hope. Doctors can consider worsening symptoms and use other methods in an attempt to measure the worsening of the new condition.
The biggest mistake injured workers make is to keep their pre-existing conditions a secret, even to their own attorney. Your attorney cannot help you if he or she does not know about an issue. Substantial aggravation claims succeed every week in Ohio and can be easily overcome if the injured worker and their legal counsel can work with their doctors to explain the situation and tell the story of how their prior injury was substantially aggravated by their work injury.
If your attorney is surprised by pre-existing injury evidence on the day of a hearing, they are not given enough time to find supporting evidence. In that case, you will lose – not because your substantial aggravation claim lacks merit, but because your legal team wasn’t given the information they needed to win.
Another common mistake is that injured workers fail to gather evidence and medical documentation for both injuries. Usually, doctors create detailed notes about an injured worker’s condition, including vital diagnostic tests and information that will frequently support a substantial aggravation claim. Without documentation of both the pre-existing injury and the new work-related injury, it becomes much harder to prove that the condition worsened.
Working with a skilled attorney gives you the strongest chance of getting the benefits you need. They’ll help you with gathering the right medical evidence and explain your situation in a way that’s clear and convincing. An experienced lawyer who understands the complexities of workers’ compensation and pre-existing conditions knows how to successfully show that your pre-existing injury was aggravated by your workplace accident.
Workers’ compensation law has always been complicated, and suffering a work injury when you had a pre-existing injury makes it even harder. Securing the services of an experienced litigator will help you gather the information and evidence you need to succeed. The Hurm Law Firm has loads of experience and provides free consultations. Call (216) 860-1922 today to schedule yours.
Address: P.O. Box 39192, Solon, OH 44139
Hours: Monday - Friday 9:00AM - 5:00PM
Phone: (216) 860-1922 | Fax: (216) 820-4347