When someone gets hurt at work, their employer must have workers’ comp insurance. Workers’ comp benefits can help the employee who sustained an injury while at work. However, when someone has a pre-existing injury that is similar to a work-related injury, it can make determining the number of benefits someone can receive more complicated.
Many people wonder if workers’ comp covers pre-existing conditions. However, in most states, the employer is usually only responsible for the work-related injury, not the pre-existing condition. Because of this, a professional medical care provider needs to examine the injured party thoroughly to determine what is a pre-existing condition and what injuries are work-related.
How Pre-Existing Conditions Impact a Workers’ Compensation Claim
Pre-existing conditions can complicate the process of determining workers’ compensation benefits someone can receive. States usually only require employers to cover work-related injury. Although, if the injured party aggravates a pre-existing condition while at work, they could receive workers’ compensation benefits.
When this happens, a medical care provider must offer a thorough report of the injury. They must describe the level of the injury and how much of it is from the pre-existing condition, and how much is from the work-related injury. Once a medical professional makes this determination, it can help the employer identify the benefits to provide to their injured employee.
Your Workers’ Compensation Claim Could Get Denied if You Injury Relates to a Pre-Existing Condition
Another impact a pre-existing condition could have on a workers’ compensation claim is that it could cause it to initially get denied. The insurance company might see that your injury relates to a pre-existing condition and automatically deny it. Thankfully, there are remedies to that situation. Usually, an injured worker can appeal a workers’ compensation claim denial. Attorneys can provide beneficial assistance in these situations. Ways an attorney can help through a claim denial include:
- An attorney can speak to medical care providers to identify how much of the injury is from a pre-existing condition and how much of it is work-related.
- They can gather evidence to prove you sustained an injury at work and that the pre-existing condition didn’t cause the entirety of the injury.
- They can negotiate with the employer’s workers’ compensation insurance company to reach a fair deal.
With the help of a Los Angeles personal injury attorney after a claim denial, the injured party has a better chance of receiving the benefits they need. In addition, workers’ compensation attorneys have the skills and knowledge needed to navigate the complications that can arise when a work-related injury is similar to a pre-existing condition.
Receiving Workers’ Compensation for a Worsened Pre-Existing Condition
While workers’ compensation benefits typically don’t cover pre-existing conditions, there are ways to receive benefits related to that injury. If the injured party aggravates their pre-existing condition while working, they could receive benefits. Several common types of pre-existing conditions could get aggravated while at work. They include the following:
- Back injuries
People suffering from these pre-existing conditions can receive workers’ compensation benefits. A medical professional and workers’ compensation attorney Los Angeles could work together to help injured workers receive the benefits they need.
Arthritis refers to joint pain or disease that typically occurs in older people. Common symptoms of arthritis include swelling, pain, stiffness, and a diminished range of motion in the joints. Depending on the level of arthritis, symptoms can vary from mild to severe. Arthritis can make it difficult to perform daily activities and could make it more difficult for someone to continue working.
Someone with arthritis could potentially receive workers’ compensation benefits if the disease prevents them from doing their job. The symptoms of arthritis can sometimes get so severe that someone can no longer have the ability to perform their job duties. In addition, if someone receives a workers’ compensation claim denial after filing because of arthritis, they could appeal that claim with the help of a workers’ compensation attorney.
Back injuries can significantly impact someone’s ability to work and perform their job duties. The back has bones, muscles, and other tissues that have the potential to sustain an injury. Injuries in the back can limit someone’s movement and range of motion. (MedlinePlus)
If someone has a pre-existing injury in their back, many jobs can aggravate that injury. Especially for workers who do physical labor while at work. While someone might not show symptoms of a back injury daily, the slightest wrong movement can re-aggravate the injury, making it difficult for someone to continue completing their job duties.
Someone with a pre-existing back injury could potentially receive workers’ compensation benefits if they reinjure themselves while at work. Ways someone could reinjure their back include:
- Lifting a heavy object
- Moving their body in a way that injured the back
- Being struck forcefully in the back near the area where the pre-existing injury was
- Reinjuring the back through repetitive motion
Regardless of how the injured party re-aggravates their back, they could receive workers’ compensation benefits for the injury. If the employer’s workers’ compensation insurance denies the claim, an attorney can help in these cases. They can fight for their clients to receive the benefits they need after hurting their backs further while at work.
A Workers’ Compensation Attorney Can Help With a Pre-Existing Condition
If you re-aggravate an injury at work, you might wonder if workers’ comp covers pre-existing conditions. The good news is with the help of a good workers’ compensation attorney, you can get the benefits you need. In addition, the attorneys at KJT Law Group can fight for you to receive benefits even if your work-related injury relates to a pre-existing condition. Contact us today for a free consultation: (818) 507-8525. You can explain to our attorneys how you have a pre-existing condition and the injury you sustained at work. A legal team member can provide information on if you have a case and how we can help you. With KJT Law Group by your side, we can advocate aggressively for you to receive benefits and prove your job caused further injury to your pre-existing condition.