Yes, you are entitled to workers’ compensation benefits based upon the aggravation of a pre-existing injury. The statute does not distinguish between a new injury and a pre-existing injury. You’re entitled to the exact same benefits, which are temporary disability benefits, medical benefits, and a permanency award or a settlement. Where your pre-existing condition will come up is when we negotiate the settlement because your employer will argue that they are only responsible for the new percentage of disability that you’ve suffered, nothing that you had previously.
