Legal Question in Workers Comp in Ohio

can a prexisting back problem effect a wc claim?

I was injured on the job.I was unable to move so my employer called an ambulance. I have been unable to work and I am worried because I had back surgery over a year ago.I am concerned they will say it was a prexisting condition

even though I was reinjured at work.


Asked on 8/10/06, 1:40 am

1 Answer from Attorneys

Matthew Hawley Matthew Hawley, Attorney at Law

Re: can a prexisting back problem effect a wc claim?

Good morning,

Generally, in Ohio, there must be objective evidence demonstrating aggravation of a preexisting condition for the claim to be allowed.

Therefore, the fact that you had a previous injury to your back does not automatically deny you the possibility of benefits.

It is very important that you obtain witness statements and signed medical reports to document your injury. Also, be aware that there are important deadlines which must be met in order for you to have the opportunity to obtain allowance of your claim.

Please feel free to contact me with any questions, concerns, or additional guidance.

Sincerely,

Matthew Hawley

The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Read more
Answered on 8/10/06, 10:23 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Ohio