Aggravation of a Preexisting Condition-Federal Workers’ Compensation Claims

One of the more complex issues that can arise with injured federal workers is the extent to which an employee can seek and recover benefits for the aggravation of a pre-existing condition. If you have been hired by a federal agency and made full disclosure of a certain medical condition, are you entitled to receive workers’ compensation benefits if a work-related incident inflames or exacerbates an old injury? What if the nature of the accident is such that it would not have had a similar impact on someone who did not have your preexisting condition?

This blog addresses what happens when a federal employee cannot work because of aggravation of a preexisting condition.

The Basic Duties of Federal Employers-Preexisting Conditions

If you have been hired by a federal agency or organization, and provided full disclosure of any prior medical conditions or injuries, you may still have a right to compensation if a legitimate work-related duty aggravates that condition. You have a right to seek compensation for any period of disability caused by the aggravation of your old injury. You may not, however, seek benefits for losses caused by the underlying condition. If you reasonably believe that continuing to perform the normal duties of your job will lead to further aggravation of your injury, you have a right to compensation for losses caused by your inability to return to your job. Your employer must, however, seek to avoid permanent aggravation of your condition by seeking appropriate duty assignments.

Your employer will likely attempt to determine whether the aggravation of your preexisting condition is temporary or permanent. If temporary, you may be required to return to the same job after you have recovered, though many employers will seek (whenever possible) to reassign you to a position that will not exacerbate your prior injuries. If your aggravation is permanent, you may be reassigned or you may become permanently unable to work.

Claims for benefits based on aggravation of a preexisting condition are submitted in the same manner as other federal workers’ compensation claims, by filing Form CA-1 or CA-2 with your employer, who will then submit your application for benefits to the Office of Workers’ Compensation Programs.

Contact the Attorneys at Uliase & Uliase

We provide comprehensive representation to people who have suffered aggravation of a preexisting injury as federal employees. To schedule an appointment, contact our office online or call us at (856) 310-9002. We will meet with you weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.