Compensability requires an injury arising out of and in the course of employment, occurring to a covered employee, and reported within statutory deadlines. Definitions of injury vary, with some states requiring a specific traumatic event.
Aggravation of preexisting conditions is frequently compensable.
Alternative Names:
Compensable Claim|Work-Related Injury
Why it Matters?
Aggravation of a preexisting condition is compensable in most states even where the underlying condition was degenerative, which means the defense turns on whether work activity accelerated the condition rather than whether the condition predated employment. Apportionment between work and non-work contribution is available in some states and unavailable in others, and that difference determines whether the entire disability or only the aggravation is compensable.
Frequently Confused with
Related terms
Frequently asked questions
Is aggravation of a preexisting condition compensable?
Is apportionment available?
