Do you have a claim with workers' compensation and are being denied workers' compensation because of a pre-existing condition? If so, you'll likely have some questions about what is preventing you from giving you the money you deserve.
What Are Your State Laws?
The first thing you'll want to do is get a thorough understanding of what your state's laws are regarding pre-existing conditions. Some states are more generous than others with granting workers' compensation in situations where a pre-existing injury is made worse. Meanwhile, other states may deny any aggravated pre-existing injury that was there from before an employee started employment.
Consider working with a workers' compensation lawyer to review your case and let you know how your state rules will apply. Every situation is different and can benefit from professional assistance to make sense of the law.
Can You Establish That The Injury Was Accelerated Or Aggravated?
If you are able to file for workers' compensation, the key to receiving it despite a pre-existing injury is if you can prove that the injury was accelerated or aggravated due to your work responsibilities. If you had a knee injury and primarily work at a desk job where you sit all day, it will be very difficult to prove that your job was responsible for aggravating your injury, since it most likely would have gotten worse in any other situation. However, a person that does manual labor with an existing injury would have a potential case that a bad knee was aggravated by their job.
Can You Claim Workers' Compensation For A Second Injury?
One problem that people run into is sustaining an injury that requires them to have surgery. They use workers' compensation to get the surgery that they need, return to work, and end up causing the same injury to happen again. Since the injury was fixed due to surgery, you may assume that you cannot receive compensation for the injury a second time. You should know this is not true at all.
Workers' compensation will continue to cover injuries that you sustain after making a previous claim for the same injury. Having the injury treated one time does not make your employer not responsible for covering a second injury in the same way.
Do you feel like you are being unfairly denied workers' compensation for a pre-existing condition? Work with a workers' compensation lawyer in your area for assistance navigating your case.