Can I Get Workers’ Compensation for a Pre-existing Condition?Posted In: Workers’ Compensation
If you file a workers’ compensation claim, having a pre-existing condition can complicate things. It is true that having a health issue that predates your work-related injury can ultimately impact your workers’ comp claim.
But that doesn’t mean it’s impossible to get your claim approved and the compensation you deserve. Contact experienced personal injury and workers’ comp attorney Jane Eden for a free consultation on how to proceed with your case.
How Pre-existing Conditions Impact Workers’ Compensation Claims
The bottom line is, your pre-existing medical condition will have the most impact if your industrial injury is somehow related to your claim.
For example, if you’ve had eye surgery before but are making a claim for a work-related knee injury, a pre-existing condition with your eyes won’t have much impact on your workers’ comp case. But if you had arthritis in your knee before claiming an industrial knee injury, that pre-existing condition would have a more significant impact on your claim.
When making a workers’ compensation claim, your employer will attempt to obtain evidence favorable to them. They will want to prove that your pre-existing condition is the culprit for your injury, not the workplace.
What if My Pre-existing Condition is Related to a Past Workers’ Compensation Claim?
If you’ve injured a part of your body that’s been injured before in a different workplace accident, it will not be considered a “pre-existing condition” under workers’ compensation.
In these types of cases, a doctor must distinguish if the current aggravation is a continuation of the old workplace injury or if it is an entirely new health issue that is somehow related to the old injury. Figuring out the difference is vital to the filing and comp claim process.
Contact an experienced workers’ comp attorney to determine if you should file an aggravation/worsening claim or an entirely new workers’ compensation claim.
What if My Pre-existing Condition Isn’t Related to a Prior Workers’ Comp Claim?
In many cases, an employee will have a previous medical problem originating from the natural aging process or a prior non-work-related injury that their job aggravates. If this is the situation for you, then you’ll likely only receive benefits that are attributable to the worsening of your condition due to work-related activities. Your doctor will need to record if your condition is worsening and if it is a temporary or permanent problem.
What if My Pre-existing Condition is Entirely Unrelated to My Current Workers’ Comp Claim?
Pre-existing medical conditions not related to a current workers’ comp claim will have little or no bearing on your claim. The only instance in which an unrelated pre-existing condition might impact your workers’ comp claim is if you’re diagnosed as totally and permanently disabled as a result of the unrelated condition.
Contact Eden Rafferty for Help Today
If you’ve been injured at work and also have a pre-existing condition, you’ll want to speak to an attorney about your options. Unfortunately, workers’ comp claims involving significant pre-existing medical conditions can become complicated and end up in litigation. The sooner you hire an attorney, the less likely you’ll be to end up in litigation and the more benefits you’ll receive.
Attorney Jane Eden has over 35 years of experience with complex workers’ compensation claims and has worked tirelessly to secure her clients’ maximum amount of benefits. Contact Attorney Jane Eden at (508) 210-1416 today for a free consultation.