Even if you have a pre-existing back condition, you could still be compensated for aggravating the condition on the job, provided your employer is made aware of this in advance and clears you for employment.
In a case recently decided in Louisiana federal court, a roustabout who hurt his back while pulling a cable was awarded $100,000 plus interest in his lawsuit against his drilling company employer. This despite the fact that a pre-employment physical disclosed potential herniated discs and nerve issues.
The employer challenged the claim on the grounds that they were not liable because they had relied upon the doctor who cleared the employee.
The court cited otherwise, stating that the doctor was an agent of the company.
Read the full case here.
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