They Told Me It Was Just a Coincidence — Preexisting Conditions and Alabama Workers’ Compensation

“They Told Me It Was Just a Coincidence” — Preexisting Conditions and Alabama Workers’ Compensation

One of the most frustrating things injured workers hear after reporting a job-related injury is that their condition was “preexisting” and that it is therefore not covered by workers’ compensation. Often, the injury is dismissed as a coincidence rather than the result of a workplace accident.

We recently spoke with an injured worker who experienced this exact situation. He suffered a back injury while lifting materials at work, promptly reported the injury, and was referred for an MRI after continued pain. The MRI showed a herniated disc, and he was then sent—at the direction of the workers’ compensation adjuster—to a physician for evaluation. The worker was told that the disc injury was “old” and that it was merely a coincidence that his pain began while lifting at work. He was informed that workers’ compensation would not cover the injury, but that treatment could proceed under his personal health insurance.

The worker was understandably skeptical. In many cases, imaging studies such as MRIs do not clearly establish when a disc injury occurred. More importantly, under Alabama workers’ compensation law, that question is often beside the point.

Alabama law is clear: if an employee has a preexisting condition that was not disabling or interfering with job performance, and a work-related accident aggravates or accelerates that condition, the resulting injury is compensable. Workers’ compensation does not require an employee to be in perfect health before being injured on the job. It only requires that the work activity contributed to the injury or made an underlying condition symptomatic.

In this case, the injured worker had no prior history of back problems and was performing his job without restriction before the lifting incident. After the work injury, he experienced significant pain and functional limitations. That change matters. The law looks at whether the employee was able to do the job before the accident and whether the work activity caused a worsening of the condition.

Once the injured work hired Powell and Denny, evidence was presented showing that the worker had no prior back complaints or treatment before the on-the-job injury and had not been given any job accommodations because of any preexisting condition. Faced with that evidence and the applicable law, the workers’ compensation carrier relented and authorized treatment.

Being told that your injury is “old” or “just a coincidence” does not automatically mean workers’ compensation can deny your claim. Preexisting conditions are common, particularly with back, neck, and joint injuries. What matters is whether work made the condition worse. Understanding that distinction can make the difference between denied care and receiving the treatment you need.

If you have suffered a work injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you collect.

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 7 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry and selected as a Lawyer of Distinction.

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

They Told Me It Was Just a Coincidence — Preexisting Conditions and Alabama Workers’ Compensation