Hurt at Work Before? You Still Have Rights After a New Virginia Work Accident.

You hurt your back at work several years ago. You saw a doctor, went through treatment, and returned to your job. Maybe you needed surgery. Maybe physical therapy did the trick. Either way, you got back to earning a living.

Now you have another accident, and the insurance adjuster starts asking about that old back injury.

Should you be worried that having a prior workers’ compensation claim means you cannot have another one?

No. A previous work injury does not use up your right to workers’ compensation.

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Think about what that would mean. A person could work for thirty years, have an accident early in that career, recover, and then lose protection for another accident decades later. Workers’ compensation would become a benefit you could use only once in your life.

That is not how Virginia law works.

How a prior injury affects your new Virginia claim

Virginia employers take their employees as they find them. That includes workers with old injuries, prior surgeries, arthritis, and other medical conditions. A compensable work accident that aggravates or accelerates a pre-existing condition can support an award of benefits. Williams Industries, Inc. v. Wagoner.

You do not have to show up for work with a perfect medical history.

Consider someone who injured a knee years ago. They received treatment, improved, and returned to a job that required climbing, lifting, or spending the day on their feet. Then a new workplace accident injures that knee again.

The old injury is part of the history. It does not answer the question of what the new accident did.

The same is true when the new accident affects a different part of the body. Having received workers’ compensation for a shoulder injury does not, by itself, disqualify you from benefits for a later work-related leg injury.

Each claim needs to be evaluated on its facts.

A new accident must still meet Virginia’s requirements

That is where the details become important. The employer-takes-you-as-it-finds-you principle does not mean every pain you experience at work is covered. You still have to establish a qualifying work accident and the connection between that accident and the injury or aggravation for which you are seeking benefits.

An old condition progressing on its own presents a different question from a new accident making that condition worse. Medical evidence may be needed to explain the difference. An adjuster should not treat the words “prior injury” as a substitute for that analysis. Francone v. Fairfax County Public Schools.

For example, suppose you had back surgery five years ago. After recovering, you returned to your regular duties. Then, while lifting a particular item at work, you felt a sudden pain, developed symptoms down your leg, and needed new treatment.

Your earlier surgery does not automatically defeat that claim. The important questions include what happened during the lifting event, what changed afterward, and what your doctor concludes about the connection.

Explain what changed after the new accident

Now suppose you still had some back discomfort before the new accident. Be honest about that, too. You do not need to invent a symptom-free history. Your lawyer and doctor need to understand your actual condition before the accident so they can evaluate what the new event changed.

Being at work does not necessarily mean you were pain-free. Plenty of people work with discomfort. Describe the duties you could perform, any restrictions you already had, the treatment you were receiving, and the symptoms you were managing.

Then explain what happened afterward.

Could you previously stand through a shift but now need to sit down? Did you develop swelling, weakness, or pain in a different location? Did your doctor change your restrictions? Did treatment that had ended need to start again?

Give real examples. “It got worse” may be true, but it leaves a lot unexplained.

What to tell your doctor

Your doctor needs the whole picture. If you say only, “My back hurts,” the doctor may not understand that you fell while carrying equipment at work. If you mention the new fall but leave out a prior surgery, the doctor is missing another important part of the history.

Explain both.

Tell the doctor about the earlier injury, the treatment you received, how you were doing before the new accident, and what happened during the new accident. Describe when your symptoms started and how they developed. If something became noticeable later, say that.

You are reporting facts. The doctor’s job is to evaluate them and give a medical opinion.

Do not assume the chart contains everything you said. Read the visit summary when it is available. If it has the wrong body part, describes the accident incorrectly, or leaves out an important fact, raise that with the medical office and tell your lawyer.

An accurate correction should clarify what happened. It should never manufacture a history that did not happen.

What to tell the insurance adjuster

The same care matters when you speak with the insurance adjuster.

If the adjuster asks whether you have ever injured your back before, answer truthfully. A prior injury is not something to hide. Denying an injury that appears throughout your medical records can create a credibility problem that was entirely avoidable.

But make sure your answer is accurate and complete for the question asked. There is a meaningful difference between an old injury that continued to limit you and an old injury for which you finished treatment and returned to regular work.

Likewise, a question such as “So this is just the same problem you have always had?” may contain an assumption you do not agree with. You can explain the actual history without accepting an inaccurate description.

You do not need to argue with the adjuster or give a speech. Listen, understand the question, and answer it. If you cannot remember a date or a provider’s name, say so. Do not guess just to keep the conversation moving.

This is one reason to get legal advice early, particularly before a recorded statement about a complicated medical history.

Your lawyer can help you organize the records, identify what needs clarification, and prepare you to explain the facts accurately. That preparation should make the history clearer to everyone reviewing the claim.

Gather records from before and after the accident

It also helps to gather the old records instead of hoping they will never come up.

A discharge from physical therapy, a return-to-work note, or a record showing what symptoms remained can help explain your condition before the new accident. New records can then show the later complaints, findings, treatment, and restrictions.

Sometimes the earlier records support your account. Sometimes they reveal something you forgot. Either way, your lawyer needs to see them before making decisions about the claim.

Be candid about other accidents and treatment as well. That includes events outside work. Give your lawyer enough information to investigate the history and address legitimate questions.

There can also be a question about whether your current difficulties belong under the earlier claim or arise from a new accident. That distinction can matter when different employers or insurance carriers are involved. Do not assume that uncertainty about who should pay means nobody is responsible. Have the records and accident history reviewed.

And do not let the word “degenerative” end the conversation.

If that word appears in a report, ask your doctor what it means for your particular condition. The question still includes whether the work accident caused an injury or aggravated an existing condition. Your medical history deserves an explanation, not a conclusion based on a label.

At the same time, do not add symptoms or body parts to make the claim sound more serious. Report what you actually experienced, including genuine changes that developed later. Accuracy protects the strength of a legitimate claim.

What to do if the insurance company denies your claim

If the insurance company says your claim is denied because you were injured before, ask for the reason in writing and have it reviewed. There may be a real dispute about causation. There may be missing records. Or the denial may overlook what the new accident did to you.

Those are questions worth examining before you walk away from benefits you may be entitled to receive.

Get help with a Virginia workers’ compensation claim

At the Law Offices of Charles W. O’Donnell, P.C., we help injured Virginia workers put the medical history, accident facts, and work restrictions together so the claim can be evaluated fairly. Bring us the old records as well as the new ones. Tell us what improved, what never fully resolved, and what changed.

You do not need to apologize for having been hurt before. You need an accurate account of what happened this time and advice about how to protect your rights.

Helping an injured spouse, parent, or other family member? Contact our office to ask how to arrange a consultation. We can explain what information to gather and how the injured worker can participate.

More answers: Virginia workers’ compensation claims and benefits · Frequently asked workers’ compensation questions