How Do Prior Injuries Impact Workers' Comp Benefits?
July 9, 2025
At Marvel & Emche, P.A., we know that many of our clients come to us with more than one injury in their medical history. That’s common in physically demanding jobs and industries. One of the most frequent questions we receive is, “Will my old injury reduce or block my new workers' comp claim?”
The short answer is: not necessarily. Under Maryland workers' comp law, prior injuries do not automatically disqualify you from receiving benefits—but they do add some layers that need to be addressed carefully.
Let’s take a look at how prior injuries factor into workers' comp cases, how Maryland law treats pre-existing conditions, and what workers can do to protect their right to benefits.
Workers' Comp in Maryland
Maryland's workers' comp system is designed to provide wage replacement and medical benefits to workers who suffer job-related injuries or occupational illnesses. The system is meant to be no-fault.
In most cases, it doesn’t matter if you made a mistake that caused the accident. If you were hurt while performing your job duties, you're generally entitled to benefits.
However, things can get more detailed when a worker has a history of prior injuries—especially if the new injury aggravates an older one, or if an employer tries to claim that your symptoms are related to a previous condition. We’ve seen many cases where the employer’s insurer tries to avoid liability by blaming a different cause.
Pre-Existing Conditions and Aggravations
In Maryland, a prior injury doesn’t bar you from filing a new workers' comp claim. The key question is whether the new work-related incident worsened your condition. If so, then you're likely eligible for benefits for that aggravation.
The law recognizes that injuries build on each other, and it protects workers whose health has been made worse by a specific on-the-job event—even if they were already dealing with medical issues.
For example, let’s say you injured your back five years ago in a car accident. If you re-injure your back lifting heavy boxes at work, you can still qualify for workers' comp. The fact that your back wasn’t 100% before the accident doesn’t erase your employer’s responsibility if the job made things worse.
In these situations, the focus becomes: Was the aggravation significant? Did the job duties materially contribute to the worsening of your condition? These are legal questions we address by gathering medical evidence and working with doctors familiar with Maryland workers' comp evaluations.
The Second Injury Fund
Maryland has a system that specifically addresses situations involving prior injuries. It’s called the Subsequent Injury Fund (SIF). This state-run fund steps in when a worker’s permanent disability is greater because of a combination of new and prior injuries.
The purpose of the fund is to encourage employers to hire workers who may already have physical impairments. Without it, employers might fear full responsibility for future injuries. If you qualify for SIF benefits, the employer and insurer are only liable for the portion of disability caused by the new injury. The fund covers the rest.
We help our clients apply for compensation from the SIF when appropriate. But it’s not automatic. You must meet certain thresholds under Maryland law, such as having a substantial pre-existing impairment that combines with the current injury to create a greater disability than either would cause alone.
Apportionment of Disability
In workers' comp cases, apportionment refers to the process of dividing responsibility between injuries or impairments. When prior injuries exist, insurance companies often try to reduce the amount they must pay by arguing that only part of your current condition is related to your job.
Under Maryland law, however, apportionment is not used in the same way it is in some other states. Maryland doesn’t allow employers to reduce benefits simply because a worker had a pre-existing condition, unless that condition wasn’t worsened by the work accident.
If a work-related injury aggravates a prior problem, the worker can still receive full benefits for the aggravation.
This is one of the most protective parts of Maryland workers' comp law, and it’s something we rely on heavily when employers attempt to minimize payouts. That said, we still need to prove that your job directly contributed to the worsening of your condition.
Workers' Comp Medical Evaluations
One important step in any workers' comp claim involving a prior injury is the Independent Medical Evaluation (IME). This is where a physician—often selected by the insurance company—examines you and gives an opinion about whether your condition is work-related.
If you have a prior injury, the IME doctor may try to argue that your symptoms are due to that older issue, rather than your current job. We’re familiar with these tactics, and we prepare for them by working closely with treating physicians who understand your full medical history. We also review IME reports line by line and push back when necessary.
Key Factors That Affect How Prior Injuries Impact Your Claim
Here are the main factors we evaluate when assessing how a prior injury may affect your workers' comp case in Maryland:
Was your previous injury fully healed before the new accident? If you had no symptoms or limitations before the new event, this strengthens your case that the current injury is a separate issue.
Did the job duties worsen your condition? If your work aggravated your prior injury, you may be eligible for compensation based on the aggravation alone.
How well-documented is your medical history? Consistent medical records help show a timeline and prove the impact of your work-related injury.
Is the employer arguing against causation? We often need to build a legal and medical argument showing that the job materially contributed to your condition.
Do you qualify for the Subsequent Injury Fund? If your disability is significantly increased because of a combination of old and new injuries, the SIF may provide additional benefits.
Each case is different, and we approach every one with attention to medical records, timelines, job descriptions, and witness testimony. Our goal is always to help you receive the benefits you are entitled to under Maryland workers' comp law.
Reopening Old Workers' Comp Claims
Maryland law also allows for reopening a previous workers' comp claim if your condition has worsened. You must do so within five years of the last payment or order in that case. This is different from filing a new claim for a recent injury, but in some situations, both can apply.
We often help clients decide whether to reopen a prior claim or file a new one, depending on which approach is better for the circumstances. Sometimes it’s clear that a current injury is entirely new. Other times, it may be more effective to argue that the prior condition has flared up again due to job demands.
This is a strategic decision that requires a detailed review of your medical file and work history.
Disability Ratings and Compensation
In workers' comp, benefits are often tied to a disability rating given by a medical professional. Prior injuries can affect these ratings, particularly if they involve the same body part or physical function.
For example, if you previously lost partial function in your right arm and now injure that same arm at work, your total disability may be higher than what the current injury alone would suggest. That’s where the Second Injury Fund can help, and where legal advocacy becomes critical.
We work with physicians who understand how to document the full extent of a worker’s injury, including aggravations and pre-existing impairments. Maryland law allows compensation for both temporary and permanent conditions, so we push for accurate and fair assessments of long-term impact.
Final Thoughts
At Marvel & Emche, P.A., we fight for workers who’ve been injured on the job, regardless of their medical history. We’re proud to serve Salisbury, Maryland, and the surrounding areas of Northwood, White Plains, West Wood, Princess Anne, Cambridge, and Ocean City. Call today.