Successfully obtaining rightful compensation after a work accident can be a frustrating and lengthy process. Many claims are initially denied, necessitating an appeal. Appeals are accompanied by more paperwork, more waiting and quite often, more frustration. If your workers’ compensation claim was denied because your work injury was related to a pre-existing condition, it is important to know your rights.
Despite the rights granted to injured workers by California law, employers may sometimes delay or deny an injury claim. Many times, work injuries are dismissed as having occurred outside of work or as a result of a pre-existing condition. In actuality, pre-existing conditions are covered by workers’ compensation in certain circumstances. Due to the complexity of the workers’ compensation system, many injured workers find it useful to seek the help of a lawyer who knows how to counter the tactics used by employers and insurance providers.
If a pre-existing condition was aggravated or exacerbated by your job, you may still be able to be compensated for your pain and suffering. Factors such as the extent to which the injury was worsened, whether or not other parts of the body are now injured and any resulting limited range of motion will all be considered as you fight for the recompense you deserve. Even if your employer denied responsibility for pain and financial losses, you still have options.
A pre-existing condition does not preclude you from workers’ compensation benefits in California. If your medical condition or injury was made worse because of your job, take steps to protect your rights and understand your legal standing. With the right assistance, you can claim the benefits you deserve for a work injury.
Source: attorneybo.com, “Pre-Existing Conditions and Healthcare Disputes“, Accessed on Oct. 20, 2015