It is a question that many workers ask when they get injured on the job. The answer is not always straightforward. It depends on the specific situation. Generally speaking, though, if the injury is work-related, the worker can file a claim regardless of whether they had the injury before beginning work. There are some exceptions to this rule. So it is best to speak with an attorney if you have any questions about your specific case. Read on to find out the specifics.
What is a pre-existing injury?
A pre-existing injury is an injury suffered before the present accident. This type of injury can complicate a personal injury case. If you want to claim damages for an accident, the pre-existing injury may reduce the amount of money you can recover. Most pre-existing injuries are not covered by workers’ compensation, as they get seen as being caused by something that happened before you started working.
Pre-existing injuries can often go undiagnosed or untreated. These injuries are a common occurrence in the workplace. In fact, according to the Department of Labor, musculoskeletal injuries account for nearly 33% of all worker injuries and illnesses. These injuries might usually get caused by a single traumatic event or repeated stressors. The majority of pre-existing injuries are not the result of a single or specific incident. Rather the culmination of many events that have occurred over some time.
What effect does a pre-existing injury have on your Workers’ Comp claim?
If you have a pre-existing injury, it is crucial to understand how it will affect your workers’ compensation claim. In most cases, a pre-existing injury will not bar you from filing a workers’ compensation claim, but it may affect the number of benefits you receive.
Your pre-existing damage gets considered while the coverage employer evaluates your claim. The insurance company can argue that your injury is not work-related as a previous injury caused it. If the insurance company successfully proves this, your claim may get denied.
Can you file a claim if your pre-existing injury worsens due to your job?
It is not a simple yes or no answer to this question. Every situation is different, and the outcome of a workers’ compensation claim will depend on the specific facts and circumstances involved. Generally speaking, however, if your pre-existing injury worsens due to your job, you may be able to file a claim for workers’ compensation.
Generally, if your injury gets worsened by something your employer did or failed to do, you may be able to file a claim. It could include working in unsafe conditions, not providing the proper safety equipment, or not giving you the necessary time off to recover from your injury.
If you have an existing injury that is made worse by your job, you should speak to an experienced workers’ compensation lawyer at Pistiolas Law. They can recommend whether or not you’ve got a case and assist you through the process.
How to file a Workers’ Comp Claim with a pre-existing condition?
Here are some steps you must comply with while submitting a workers’ compensation claim if you have a pre-existing condition.
- The first step is to speak with your employer about your condition and understand if they are aware of it. You should also find out if your employer has any guidelines for filing workers’ compensation claims related to pre-existing conditions.
- Gather all of your medical records and documentation related to your injury or illness. It will help your case significantly when you go to file your claim.
- Speak to a legal professional. Workers’ comp legal guidelines range from state to state. Hence, it’s far essential to talk with a legal professional and understand the legal policies of your area.
If you’ve sustained an on-the-activity injury, it’s essential to recognize whether or not you could report a Workers’ Compensation claim or not.
Unfortunately, many workers are unsure of their rights and end up not filing a claim, which can have serious consequences. If you have a pre-existing injury, it is crucial to speak with an attorney to understand whether you are still eligible to receive benefits. You can visit our website at Pistiolas Law or contact us today at 844-414-1768 to schedule a consultation, and let us help you get started on your road to recovery