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Am I entitled to workers’ comp benefits if my work injury aggravated an old injury?

I honestly cannot tell you the number of times we have received a call from an injured worker who called us because the workers compensation adjuster told them that their job injury was not the result of the job accident they were recently involved in, but rather was due to some old injury.

I wish I could tell you that most adjusters who make such inferences to injured workers just did not understand Alabama law, but I can’t. The workers’ compensation insurance adjuster is trying to convince you that you do not have a compensable claim and hoping that you will not speak with an experienced workers comp attorney so they can save money. Workers compensation is not solely available to workers in perfect health, it is there for ALL workers, including those with pre-existing medical problems.

In Alabama, if you have an old injury, or some other form of pre-existing condition, which has not prevented you from performing your job duties as a normal person, then any job accident which aggravates your old injury (or preexisting condition) is a valid workers compensation claim and the workers comp insurance carrier is responsible for your worsened condition.

If you suffered a job injury, you live or work in anywhere in North Alabama, and you have questions about your workers’ compensation claim and would like to speak with an experienced North Alabama Workmen’s Compensation attorney, the workers compensation lawyers at Powell and Denny would appreciate the chance to help you.

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  • Birmingham Office
    1320 Alford Avenue
    Suite 201
    Birmingham, Alabama 35226
    Phone: 205-978-2051
    Fax: 205-978-2054
  • Huntsville Office
    600 Boulevard South
    SW Suite 104
    Huntsville, Alabama 35802
    Phone: 256-705-3510
    Fax: 256-705-3513

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