Did You Aggravate a Pre-Existing Condition At Work?

  • Free Initial Consultation
  • NO Fee If You Don't Win!
  • Over 167 Years of Combined Experience
  • Millions Recovered For Injured Iowans

This is a placeholder for the Yext Knolwedge Tags. This message will not appear on the live site, but only within the editor. The Yext Knowledge Tags are successfully installed and will be added to the website.

Hours:

This is a placeholder for the Yext Knolwedge Tags. This message will not appear on the live site, but only within the editor. The Yext Knowledge Tags are successfully installed and will be added to the website.

Trust in Our Attorneys' Experience With Workers' Comp

Don't let the workers' compensation insurance adjuster tell you that you don't qualify for benefits if your workplace accident aggravated an old injury. Even if an old medical problem is starting to act up because of your day-to-day job tasks, you may still qualify for temporary partial disability and healing period benefits while you recover.

Stop Asking Questions — Start Getting Answers

If you ask your human resources department, your boss or a workers' compensation insurance adjuster whether you are eligible for benefits because of an old injury, what do you think he or she will say? It is in his or her best interest to deny your claim and tell you to go back to work. Ask us, and we will tell you what the law says about your rights.

Our attorneys handle claims for all types of re-aggravated injuries or pre-existing conditions, including re-aggravated:
  • Neck, back and shoulder injuries
  • Head injuries, concussion
  • Surgical injuries
  • Bone fractures
  • Orthopedic replacement injuries
  • Depression, emotional and mental disabilities

Iowa's Second Injury Fund

If you already have a partial disability injury from your time in the U.S. military or a pre-existing disability to another part of your body, you may also be eligible for money from Iowa's Second Injury Fund. We can answer your questions about whether you qualify.

Getting the benefits you are entitled to for a pre-existing condition requires asking the right people the right questions. If you work anywhere in Iowa, you have an experienced team of dedicated workers' compensation lawyers on your side. Call Lawyer, Lawyer, Dutton, Drake & Conklin, LLP to discuss your circumstances. We offer a FREE consultation and we'll give you an honest evaluation of your case.
Workplace injury

Third-Party Lawsuits for Workplace Injuries

 Under Iowa's workers' compensation laws, you generally forfeit the right to sue your employer for negligence when you accept workers' compensation benefits. That does not mean, however, that another party may not be sued for negligence or misconduct leading to your accident or injury. Third-party lawsuits can be filed against the property owner, the manufacturer of a defective product and other workers or subcontractors who acted in a negligent manner. Ask us for help.


Still trying to find the best workers' compensation law firm? Stop looking and start calling. Partners Jim, Channing & David each have more than 40 years of experience directly working in the field of Iowa workers' compensation law. Along with partners, John and Rob, and attorney, Elizabeth, they have combined experience well over a century! No matter where you live and work, your workers' compensation claim will probably end up being processed through Des Moines. We are in nearby Urbandale, IA. We know the court system and you aren't going to find more experience anywhere in the state.


Why wait? Call us at (515) 224-4400 or use our convenient contact form to arrange a FREE consultation with one of our lawyers.

Frequently Asked Questions About Pre-Existing Conditions & Iowa Workers' Compensation

  • Can I Get Workers' Compensation If I Aggravated a Pre-Existing Condition at Work?

    Potentially, yes. Having a pre-existing medical condition does not automatically prevent you from receiving Iowa workers' compensation benefits. This is even more reason to contact a skilled workers compensation attorney early on. 


    If your work activities or a workplace accident aggravated, lit up or worsened a pre-existing condition, you may have a workers' compensation claim. The important question is not simply whether you had the condition before—it is whether your employment contributed to the injury or aggravation for which you are seeking benefits.


    Don't assume that an old back, shoulder, knee, neck, or other medical problem automatically disqualifies you from workers' compensation.

  • What If There Wasn't One Specific Accident That Aggravated My Pre-Existing Condition?

    A work-related aggravation doesn't necessarily have to happen in one dramatic accident.


    Repetitive lifting, bending, pushing, pulling, reaching, twisting, or other job activities may gradually aggravate an existing condition over time.


    These claims can be more difficult to recognize because there may not be one specific date when you felt something “break” or “pop.” Medical evidence can be particularly important in determining whether your work activities contributed to the worsening of your condition.


    If an old condition has become significantly worse because of your job duties, don't automatically assume it isn't covered simply because there wasn't one specific workplace accident.

  • What If the Insurance Company Says My Injury Was Caused by an Old Injury or Previous Surgery?

    A previous injury, surgery, or medical condition may become an important issue in a workers' compensation claim, but it doesn't necessarily mean your current condition isn't work-related.


    Medical records may help establish what your condition was like before the workplace injury and what changed afterward. Your symptoms, ability to work, medical treatment, restrictions, and diagnostic findings can all become relevant.


    Be truthful about your medical history. Trying to hide a previous injury can create problems. The issue is whether your employment caused, aggravated, accelerated, or worsened the condition for which you are now seeking workers' compensation benefits.

  • What Is Iowa's Second Injury Fund, and Could I Qualify?

    Iowa's Second Injury Fund may provide additional benefits in certain cases involving an employee who had a qualifying prior loss or disability and then suffers another qualifying work-related injury.


    The rules governing Second Injury Fund claims are complicated, and not every prior injury or disability qualifies.


    If you had a previous disability—including certain injuries that occurred before your current workplace injury—an experienced Iowa workers' compensation attorney can evaluate whether the Second Injury Fund may apply to your situation.

  • How Do I Prove That Work Made My Pre-Existing Condition Worse?

    Medical evidence is necessary  when a workers' compensation claim involves a pre-existing condition.


    Evidence may include your medical records before and after the work injury, diagnostic testing, physician opinions, changes in your symptoms, new medical treatment, work restrictions, and information about the physical activities required by your job.


    The fact that you previously experienced pain or received treatment does not, by itself, answer whether your employment aggravated the condition.


    Report to the doctor that you believe the injury is related to work immediately. 


    At Lawyer Lawyer Dutton Drake & Conklin LLP, we help injured Iowa workers understand their rights when a prior injury or medical condition becomes an issue in a workers' compensation claim. We represent injured workers—not employers or insurance companies. The initial consultation is FREE.

Learn More About

Lawyer Lawyer Dutton Drake & Conklin LLP