[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/workers-compensation-for-pre-existing-injury\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/workers-compensation-for-pre-existing-injury\/","headline":"Can I Claim Workers\u2019 Compensation for a Pre-Existing Injury in Virginia?","name":"Can I Claim Workers\u2019 Compensation for a Pre-Existing Injury in Virginia?","description":"If you have a pre-existing injury, you may seek workers’ compensation benefits if that injury is aggravated or worsened by work-related activities or the working environment. Virginia\u2019s workers\u2019 compensation system covers injuries that happen while you\u2019re engaged in work-related activities or pre-existing injuries aggravated by your job. In one recent year, more than 65,000 private […]","datePublished":"2022-03-28","dateModified":"2026-06-24","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/lee_bujakowski\/#Person","name":"Lee J. Bujakowski","url":"https:\/\/www.marksandharrison.com\/blog\/author\/lee_bujakowski\/","identifier":14,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/32d306dfc4db908e985e4fd95a0b173c596037999536f596a6865095e06e39de?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/32d306dfc4db908e985e4fd95a0b173c596037999536f596a6865095e06e39de?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2022\/03\/doctor-check-up.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2022\/03\/doctor-check-up.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/workers-compensation-for-pre-existing-injury\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg","name":"The Marks & Harrison Legacy","description":"http:\/\/www.marksandharrison.com\/\n\nFollow us on Facebook: \nhttps:\/\/www.facebook.com\/marksandharrison\n\nFollow us on Twitter: \nhttps:\/\/twitter.com\/mandhlaw\n\nContact us at http:\/\/www.marksandharrison.com\/contact-us\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/GLvIrci13Zg\/default.jpg","https:\/\/i.ytimg.com\/vi\/GLvIrci13Zg\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/GLvIrci13Zg\/hqdefault.jpg"],"uploadDate":"2017-12-13T22:33:00+00:00","duration":"PT2M2S","embedUrl":"https:\/\/www.youtube.com\/embed\/GLvIrci13Zg","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCRi1kc4BH8gI0V9M56V6WJw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCRi1kc4BH8gI0V9M56V6WJw","name":"Marks & Harrison","description":"Marks & Harrison is one of the most recognized personal injury law firms in Virginia. Marks & Harrison provides comprehensive legal services to individuals who are victims of personal injury. The firm\u2019s 30 attorneys, along with a staff of more than 100, are based in 14 offices; the main office is in Richmond, regional offices are located around the Commonwealth, from DC, to Harrisonburg, to Tappahannock. Marks & Harrison has received numerous awards and recognition for its work on behalf of its clients. \n\nTo learn more about the firm and its attorneys, please visit: https:\/\/linktr.ee\/marksandharrison\nContact us at: http:\/\/www.marksandharrison.com\/contact-us","logo":{"url":"https:\/\/yt3.ggpht.com\/kg23-I7HYD-AR7DjeizOcvSEfNS6zJQTmbsLdBU0DAK1x7zxbnho3k6RvWQnx5X8BF41bq5w-w=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":662}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=GLvIrci13Zg#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":5}]},"about":["Workers' Compensation"],"wordCount":1032,"articleBody":"If you have a pre-existing injury, you may seek workers’ compensation benefits if that injury is aggravated or worsened by work-related activities or the working environment. Virginia\u2019s workers\u2019 compensation system covers injuries that happen while you\u2019re engaged in work-related activities or pre-existing injuries aggravated by your job. In one recent year, more than 65,000 private and public-sector workers in Virginia suffered a nonfatal injury or illness, according to the federal Bureau of Labor Statistics. Most of these injuries were new, but in some cases, an accident or strenuous work can aggravate or exacerbate a prior injury.Workers\u2019 compensation benefits are supposed to cover aggravated pre-existing injuries, but employers or insurers will fight these claims almost every time.The Virginia workers\u2019 compensation attorneys at Marks & Harrison are ready to fight for your interests if you\u2019ve been denied benefits because of a pre-existing injury. With decades of combined experience behind us, our 26 lawyers can handle the toughest, most demanding cases. We have a strong track record of recovering significant compensation for our clients\u2019 losses.Learn more today by contacting us for a free initial consultation.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tWhat Is Considered a Pre-Existing Injury in Virginia?When it comes to workers\u2019 compensation benefits in Virginia, a pre-existing injury or illness is basically any medical condition you developed before suffering your current work injury or occupational illness. For example, you may have suffered a back injury years ago that still bothers you at your current job. That type of back injury would be considered a pre-existing injury.Some of the most common types of pre-existing injuries or illnesses that can be aggravated at work include:Herniated discs\u00a0Torn ligamentsBone fracturesDegenerative disc or joint diseaseDegeneration of the spineKnee injuriesStrains and sprains in the legs or armsCarpal tunnel syndrome\u00a0ArthritisCertain chronic medical conditionsCertain mental health disordersWhat Benefits May You Have the Right to Recover for an Aggravated Injury?If you have an existing injury or illness, you generally cannot apply for or receive any workers\u2019 compensation benefits to cover treatment for your condition. The exception to this rule is if your current job somehow aggravated your condition. If you can prove your injury or illness worsened because of your job-related activities, you can apply for certain workers\u2019 compensation benefits, including:Any medical treatment related to your aggravated injury or illness, such as:Hospital staysDoctors\u2019 visitsLab work and other testsPrescription medicationPhysical therapyProsthesesThe cost of seeing a primary physician and any specialists needed to try your injury or illnessReimbursement for the mileage costs of traveling to and from your medical appointmentsRetraining costs in case you need to find new work or are limited to light duty after aggravating your prior injuryPartial wage-replacement benefits, up to the statutory limit set by Virginia law. (For 2021, the maximum weekly wage-replacement benefit an injured worker can receive was $1,195 per week.)Disability benefits, which may include temporary partial, temporary total, permanent partial, or permanent total disability benefits, depending on the severity of your injuryWhat Types of Injuries Are Not Covered by Virginia Workers\u2019 Compensation?Certain types of injuries are not covered under the state\u2019s workers\u2019 compensation laws, such as:Conditions that developed prior to the employee being hiredInjuries or illnesses stemming from random, unpredictable events (sometimes referred to as \u201cacts of God\u201d)Common, one-time illnesses like the flu or random headachesOrdinary \u201cdiseases of life\u201d that aren\u2019t related to your jobMost (but not necessarily all) heart attacks at workInjuries caused by horseplay at workInjuries caused by an employee who deliberately starts a fightInjuries from repetitive mental traumaInjuries arising from a worker\u2019s off-duty recreational activitiesInjuries suffered by an employee if their actions violated company policiesInjuries suffered by an employee while they were committing a major crimeInjuries suffered by an employee while they were impaired by drugs or alcoholInjuries suffered by an employee while they were not engaged in work-related activities (such as their daily commute to and from work)Injuries that can be treated with first aidInjuries caused by an employee\u2019s willful or deliberate attempt to hurt themself or someone elseEven if it seems like your injury isn\u2019t covered under Virginia\u2019s workers\u2019 compensation laws, it\u2019s always worth speaking to a lawyer. If Virginia\u2019s workers’ compensation system covers your injury, these benefits can make a significant difference in the care you receive for your injury or illness.How Do You Support Your Virginia Pre-Existing Injury Claim?You can do a few things to bolster your case if you\u2019ve applied for workers\u2019 compensation benefits after aggravating a prior injury. These steps include:File your claim as soon as you can. Make sure you report your injury to your manager or your HR representative as soon as possible. The longer you wait, the more evidence may disappear, and the easier it will be for your employer to argue they shouldn\u2019t have to cover your treatment for your pre-existing injury.Include as much medical evidence as possible. When you submit your claim for workers\u2019 compensation benefits after aggravating a prior injury, you need as much medical evidence as possible to back up your claim. Previous medical records, new information from your current doctors, and other critical details could make it easier for your attorney to help you get the benefits you need.Follow your doctor\u2019s orders precisely. One way for your employer to deny your workers\u2019 compensation claim is to say you haven\u2019t been following your prescribed treatment plan. To avoid having your claim dismissed unfairly, make sure to follow your doctor\u2019s order as closely as possible.Call Our Workers\u2019 Compensation Attorneys in Virginia for Help with Your Claim TodayEven if you do everything right, your claim for workers\u2019 compensation benefits might still be unfairly denied or undervalued. If this is your situation, an experienced, dedicated Virginia workers\u2019 compensation attorney can review your options to build a compelling claim and seek the full benefits you need to recover and move forward.Contact Marks and Harrison Personal Injury Lawyers today for a free initial consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can I Claim Workers\u2019 Compensation for a Pre-Existing Injury in Virginia?","item":"https:\/\/www.marksandharrison.com\/blog\/workers-compensation-for-pre-existing-injury\/#breadcrumbitem"}]}]