If you’re reading this, you may have a pre-existing injury that’s complicating your workers’ compensation claim. You’re not alone in feeling confused or worried about how this will affect your case. At The Myers Law Group, we understand how overwhelming it can be to navigate the workers’ compensation system, especially when you have a pre-existing condition. It’s hard enough dealing with an injury at work, let alone the added stress of worrying about whether your previous health history will prevent you from getting the benefits you deserve.
Understanding Pre-existing Injuries in Workers’ Compensation Claims
A pre-existing injury or condition refers to any health issue you had before the injury occurred at work. This could be anything from a bad back, a previous knee injury, or even a condition like arthritis. If you have such a condition, it doesn’t mean that your claim will automatically be denied. However, it can make things more complicated. In California, the law provides protection for workers with pre-existing injuries, but it’s essential to understand how it works.
Your pre-existing injury should not stop you from receiving workers’ compensation benefits for a new injury that happens while you’re at work. The key is understanding how your pre-existing injury relates to the new injury. Sometimes, a pre-existing condition can make you more vulnerable to injury, and the new injury might be more severe because of that. This is known as “aggravation” or “acceleration” of your pre-existing condition.
How the Insurance Company Views Pre-existing Injuries
Insurance companies are in the business of saving money. They may look for ways to reduce the amount they have to pay you. If you have a pre-existing injury, they may try to argue that the injury you sustained at work is not as serious as you say, or they might try to claim that your current condition is due to your previous injury rather than the work injury. This is where things get tricky.
However, California law requires that the insurance company takes responsibility for the full extent of your injury, even if your pre-existing condition made you more susceptible to it. This means that if your work injury has worsened an existing injury, you are still entitled to compensation for the full impact of the new injury, even if the old injury played a role.
The Role of Medical Evidence in Your Case
To strengthen your case, it’s important to have strong medical evidence. This means working closely with doctors who understand the full scope of your injury and how it relates to your pre-existing condition. A doctor will need to determine how your pre-existing injury has been affected by the new injury at work. This is a crucial part of your case because it helps clarify the extent of your injuries and how the two are related.
Medical reports and opinions from your healthcare provider will play a big role in determining whether you are eligible for workers’ compensation benefits. If your doctor provides evidence that your current condition is a result of the work injury, even if you had a pre-existing condition, you’ll be in a stronger position to receive benefits. Be sure to follow your doctor’s advice and attend all recommended appointments.
What to Do If Your Workers’ Compensation Claim Is Denied
If your claim is denied because of your pre-existing injury, don’t give up. You have options. In California, you have the right to appeal a denied workers’ compensation claim. The first step is to understand why your claim was denied. The insurance company may argue that your pre-existing injury is the cause of your current condition, but this is not always true. That’s why it’s important to have medical documentation that shows how the new injury is separate and distinct from the old one.
If you are denied benefits, you can file an appeal with the California Workers’ Compensation Appeals Board. This is a legal process where you will present your case, and the judge will make a decision based on the facts and medical evidence. It’s highly recommended that you work with an attorney who can help you prepare for this process and represent your interests in court.
How an Attorney Can Help with Pre-existing Injury Claims
Navigating a workers’ compensation claim when you have a pre-existing injury can be challenging. You might feel like you don’t have the power to protect your rights on your own. That’s where a skilled workers’ compensation attorney can make all the difference. At The Myers Law Group, we are here to help you through every step of the process. We understand how confusing and stressful it can be, and we are committed to fighting for your rights.
An attorney can help by ensuring that all the proper medical evidence is collected and presented. They will also negotiate with the insurance company on your behalf, so you don’t have to worry about being taken advantage of. If your claim is denied, an attorney can help you file an appeal and fight for the benefits you deserve.
How to Protect Your Rights Moving Forward
If you’re dealing with a pre-existing injury, there are several steps you can take to protect your rights from the start. First, report your injury immediately. Don’t wait to report it to your employer. The sooner you report it, the better your chances of a successful claim. Next, seek medical attention as soon as possible. Make sure your doctor understands your pre-existing condition and how the new injury affects it. It’s also important to document everything. Keep detailed records of your injury, medical treatments, and communications with your employer and the insurance company. Finally, consult with an attorney. It’s important to have legal support from the beginning. An attorney can help ensure that your claim is properly handled and that your rights are protected.
At The Myers Law Group, we are here to guide you through the workers’ compensation process and ensure that you receive the benefits you are entitled to. We understand the challenges you face when dealing with a pre-existing injury, and we are committed to providing you with the support and legal representation you need. Whether you are just starting your claim, need help with a denial, or are facing an appeal, we are here to help.
Contact us today for a free consultation and let us take the burden off your shoulders. Our team is ready to fight for your rights and help you get the compensation you deserve.
