In the aftermath of a workplace injury, it can be difficult to live your normal life. Going to work might be an impossibility, which can cause you to use up your paid time off, resulting in you being unable to earn a wage to offset the medical care that you need. This lack of income can lead to a whole host of issues, too, such as an inability to meet your rent or mortgage obligation, make your car payments or even put food on the table. On top of all that, the psychological toll and physical limitations can negatively impact your daily living.
The good news is that the workers’ compensation system might provide some relief. If you succeed on a claim here, then you could recoup compensation to offset your losses, thereby advancing your recovery more quickly and allowing you to get back to work and your normal life as fast as possible. But these claims can be complicated when you have a pre-existing condition. In these situations, insurance companies tend to try to deny the workers’ compensation claim at hand.
What can you do to protect your interests when a pre-existing condition is implicated in a workers’ compensation case?
If you’re not careful when pursuing your workers’ compensation case, then the insurance company will try to run over your claim by arguing that your inability to work and all your losses are attributable to a pre-existing condition. But here are some steps you can take to mitigate this argument:
- Show exacerbation: Even if you have a pre-existing condition, you can still recover workers’ compensation benefits if you can demonstrate that the condition was worsened due to your work-related activities or a workplace accident. You’ll probably need strong medical opinions to support your assertions, though, so make sure you directly ask your doctor about your pre-existing condition and how the incident in question could’ve exacerbated it.
- Gather your medical records: To protect your interests when a pre-existing condition is in play, you’ll want to give a clear picture of your health leading up to the workplace incident. By gathering your medical records, you can paint a clear picture of the status of your medical condition prior to the workplace event, which should stand out in stark contrast to the status of the condition after the event.
- File your claim quickly: If you wait too long to file your workers’ compensation claim, then your employer and their insurance company might wind up with more evidence to argue that your injuries are attributable to your pre-existing condition. So, be sure to notify your employer shortly after your accident and work with your attorney to develop your claim quickly.
- Gain an understanding of your condition: You’re not going to be able to effectively make an argument about your pre-existing condition unless you understand your condition. So, before filing your workers’ compensation claim, be sure to study your condition, how it can be exacerbated and what its stabilized symptoms look like. Hopefully then you’ll be in a stronger position to argue against the insurance company’s claims.
Build an effective workers’ compensation claim to protect your interests
Workers’ compensation claims can be fraught with complications. You have to know how to effectively handle them, otherwise the legs might be knocked out from under your case, threatening to leave you without the financial resources you need. If you want to learn more about how to build an effective case that counters potential insurance company arguments, then now may be the time to discuss your circumstances with your attorney.