When you’re injured on the job, you may expect workers’ compensation benefits to kick in to help offset your lost wages and medical expenses. Yet, all too often these claims are aggressively challenged by employers and their insurance companies, leading to denied claims. If you can’t secure these benefits, then you can be left in a difficult position where you struggle to secure the recovery you deserve. Therefore, as you navigate your claim, it’s imperative that you know how to counter any assertions made by the defense.
Among these arguments is that your symptoms are caused by a pre-existing condition. For example, if the insurance company can show that you suffered a back injury prior to taking your job, then they may argue that your claimed harm and inability to work was caused by something other than your current work duties. If successful here, the insurance company may be found justified in denying your claim.
How can you address pre-existing conditions in your workers’ compensation case?
There are a couple of ways to address pre-existing condition arguments in your workers’ compensation case. The first is to simply argue that your current condition isn’t tied to a pre-existing condition. Here, you can argue that you don’t have a pre-existing condition or that your condition was caused by something other than your pre-existing condition. Either way, you’ll need medical evidence to support your position. So, talk to your doctor to secure their position as to the cause of your symptoms.
But even if you do have a pre-existing condition that has now led to an inability to work, you may still be able to recover workers’ compensation benefits. To do so, you’ll have to show that your pre-existing condition was exacerbated by your work duties. This can be tricky to show, but you might bolster your claim by documenting the event that led to your condition’s exacerbation and by detailing your symptoms.
Where else can you find evidence to support your workers’ compensation claim based on a pre-existing condition?
Medical documentation will be key to your workers’ compensation case, especially if it’s based on the exacerbation of a pre-existing condition. But evidence may be out there to give you the edge needed in your case. Primarily, your doctor’s opinion is going to be key. They may be able to help you determine which of your symptoms, if any, are tied to your pre-existing medical condition and how your work activities may have exacerbated your injuries.
But don’t make the mistake of foregoing medical care. All too often workers’ compensation victims try to tough out their injuries when they otherwise could qualify for benefits. By regularly seeing the doctor about your condition, you can establish a stronger timeline of your symptoms’ onset, which will put you in a better position to tie exacerbation to your work duties.
Workers’ compensation benefits can be a lifeline in your time of need, helping you stay afloat when you’re unable to work. This financial support can advance your recovery considerably, which is why you should do everything in your power to secure it.
But the process can be difficult to navigate, and it can be worrisome when your claim is aggressively challenged or initially denied. But don’ worry. With competent legal work in your corner, you may be able to better position yourself for the outcome that you want. Hopefully then you can secure the benefits you need while protecting your future.
