Already Hurt? What To Know About Workers' Comp And Preexisting Conditions

29 September 2020
 Categories: Law, Blog


Employers provide most workers with an insurance plan to cover work-related injuries and illnesses. While most people are successful with their claims and get the benefits they need, some hurt workers are turned down for various reasons. One common denial issue is claims of preexisting conditions. Read on and learn more about this issue and how to get the benefits you need and deserve.

What is a Preexisting Condition?

It's safe to safe to say that almost everyone has preexisting conditions. If you have been in an accident, hurt yourself at home, been treated for a chronic condition like high blood pressure or other issues, then you probably have a preexisting condition. When it comes to workplace injuries and conditions, the chances of a denial based on preexisting conditions depend on the injury. Certain injuries seem to fall in that category. Two common workplace injuries are carpal tunnel syndrome and back injuries, for example. These are injuries that may worsen as time goes by and may have begun many years ago.

Disproving a Preexisting Condition

When a claim is denied citing a preexisting condition, you will need a lawyer to help you with your claim. It must be proven that your medical state is a result of the recent work-related accident or illness and not related to a previous issue. This means collecting your past medical records and showing that you recovered from a previous issue. For example, if you were involved in a car accident a few years ago and were injured, you may get denied your benefits based on the injuries from the accident. Your workers' compensation lawyer will need to show what treatment you received and a gap of time from when your injury had sufficiently healed. If you had a permanent injury from the accident, it will be difficult, but not impossible, to show that the injury is different from your permanent one.

After a Denial

Any time a workers' compensation claim is denied, a lawyer may be necessary. The workers' compensation insurers know that many hurt workers will just give up when a claim is denied and never pursue the matter. Don't be that worker. Your employer pays for the insurance coverage and you should not have to bear the burden of medical expenses and lost wages because of a work-related accident or illness. Talk to a workers' compensation lawyer about your case and let them help you go through the appeal process with expert legal help and support.