Even with pre-existing conditions, you could qualify for workers’ compensation in Wisconsin. It is not an automatic disqualification, though employers often make it seem that way. State law lets you seek compensation for a prior injury or condition that is aggravated or accelerated by a work injury. If your symptoms get worse because of a work incident, you could still be entitled to compensation. However, your employer will likely use it as an excuse to make things difficult, or even deny your claim.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We help employees with pre-existing conditions prove their claim and seek the compensation they’re owed.
Wisconsin Law Protects Workers With Pre-Existing Conditions
Wisconsin’s workers’ compensation system follows the “as-is” rule. That means your employer must take you as they find you, including any vulnerabilities or medical history you bring to the job. If work activities make a pre-existing condition worse, even slightly, you may be entitled to benefits.
Common examples include:
- A worker with mild arthritis whose job duties cause significant worsening of joint pain
- A prior back injury that becomes symptomatic again after lifting at work
- A degenerative disc condition aggravated by repetitive bending or twisting
- Asthma worsened by workplace exposures
- A healed shoulder injury that becomes re-injured due to overhead work
What Counts as an “Aggravation” Under Wisconsin Workers’ Compensation?
To qualify for “aggravation” of your prior injury or condition, you must show that your work duties caused:
- A material worsening of your pre-existing condition
- A new need for medical treatment
- A new or increased level of disability
- A permanent change in symptoms or physical capacity
How Insurance Companies Use Pre-Existing Conditions Against Workers
Unfortunately, insurers often use pre-existing conditions as an excuse to deny or minimize claims. Common tactics include:
- Claiming your symptoms are “just degenerative changes”
- Arguing your condition is unrelated to work because it existed before
- Blaming old injuries, even if they were fully healed
- Suggesting your pain is due to age rather than job duties
- Requesting an Independent Medical Examination (IME) to dispute your doctor’s findings
They use these strategies to try to avoid liability. The right attorney is very familiar with these tactics and how to push back against them.
Evidence That Helps Prove Your Claim
Strong evidence may include:
- Detailed medical records showing how your symptoms changed after the work incident
- Doctor’s notes linking your worsening condition to your job duties
- Workplace incident reports describing what happened
- Statements from coworkers who witnessed the injury
- An explanation of your job demands
- Diagnostic tests showing new or worsened damage
- Functional capacity evaluations documenting reduced physical ability
What If Your Employer Claims Your Condition Isn’t Work Related?
Employers and insurers frequently argue that degenerative conditions—like arthritis, disc disease, or tendon wear—are “personal” and therefore not compensable. But Wisconsin courts have repeatedly held that degenerative conditions can be work-related if job duties accelerate or worsen them.
You may still be entitled to full workers’ compensation benefits if your job caused:
- Increased pain
- New symptoms
- A flare-up requiring treatment
- A permanent change in your condition
When to Contact a Wisconsin Workers’ Compensation Attorney
If you have a pre-existing condition, your claim is more likely to be challenged. An experienced attorney can:
- Gather medical evidence
- Challenge unfair IME reports
- Prove work aggravated your condition
- Ensure you receive all available benefits
- Represent you in hearings if the insurer denies your claim
You don’t have to navigate the process alone, especially when your medical history becomes a point of dispute.
Seek the Workers’ Comp Benefits You Are Owed, Even With a Pre-Existing Condition
Don’t let roadblocks from your employer get in the way of the compensation you’re owed. They may deny your claim or cause other issues, but we’re here to help. We examine your case and seek the compensation you’re owed.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.