A common concern among those who have a workplace accident is if their workers’ compensation claim will be rejected because of an existing medical condition. Most states permit injured workers to be eligible for workers’ compensation, even if their work-related damage worsens a pre-existing ailment or injury. Since this question may lead to confusion and concern, a Fayetteville social security disability attorney will let you know.
Can you get workers’ compensation for a pre-existing condition?
Regarding workers’ compensation, a “pre-existing condition” is when a person has a previous medical condition or injury made worse or worsened by their job. Usually, you have already been treated for this disease or injury. An industrial injury in the past or an accident related to the workplace might have left you with a pre-existing ailment.
Often, the insurance companies managing workers’ compensation claims are willing to deny any claims filed by workers with age-related health issues, unrelated past injuries, or even old work-related injuries. Remember that just because your work caused an old injury or disease worse does not imply you or a loved one should accept “no” as an answer if you or they have a pre-existing condition.
However, if you have a significant pre-existing condition (or injury) and then suffer a new injury, it may be more challenging to figure out which injury your employer is liable for treating, which injuries your insurance will cover, and whether you qualify for disability benefits if you are unable to work again.
Why pre-existing condition claims in work injury cases are more difficult?
You might not be able to submit a new workers’ compensation claim if you previously received benefits for a working accident and are now experiencing either a worse or aggravation of the original injury. With the support of a skilled lawyer, you might be able to reopen your prior case. However, reopening an old workers’ compensation case might open a new bag of worms. For this reason, you need to have a skilled workers’ compensation lawyer on your side.
It might be challenging to prove that work-related activities or duties worsened or worsened a pre-existing illness. Making the case that the kind of employment you performed really worsened your pre-existing illness requires a compelling legal defense. Opening a new case or revisiting an existing one can be challenging for various reasons.
Types of injuries covered by workers’ compensation claims
- Burn injury
- Back injury
- Overexertion
- Serious injury
- Heavy equipment accidents
- Slip and fall
- Unsafe working conditions
- Eye injury
- Construction injuries
- Car accidents
- Amputation
- Hip injury
- Pre-existing conditions