Pre-Existing Injuries and Worker’s Compensation Claims
Under Connecticut law, you can still have a compensable Worker’s Compensation claim to a body part you have previously injured.
Connecticut law only requires a work incident or work activity to be “a substantial contributing factor” in order for it to be considered a viable Worker’s Compensation injury. There is no requirement that the work incident or activity be the sole or only contributing factor.
An incident or work activity is considered to be a “substantial contributing factor” if it contributes to an injury in more than a minimal way. This means that if a work incident or work activity increases or worsens a prior injury or condition by a discernable amount, it would a viable Worker’s Compensation injury.
Unsurprisingly, insurance companies frequently contest claims where the injured worker has a prior injury or condition. For this reason, it is usually advisable to obtain a lawyer to help pursue a claim when prior injuries exist.
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