Everybody deserves compensation when they sustain an injury or illness caused by the workplace. Unfortunately, there are times when workers’ compensation insurance carriers and employers delay or deny injury claims. Sometimes, these claims are denied because an employee had a pre-existing medical condition. At Koszdin, Fields & Sherry, we are here to fight for any worker who has trouble receiving their rightful compensation after a work injury. Here, our Van Nuys work injury attorneys want to discuss how a pre-existing condition can affect your workers’ compensation claim.
Workers’ compensation claims in California that involve the aggravation of a pre-existing injury or illness are generally going to be more complicated than traditional workers’ comp claims. That is because you can almost guarantee that the employer or the workers’ compensation insurer will try to say that the injury was not working-related, thereby trying to get out of paying for the claim.
A pre-existing condition is defined as any injury or illness that affected an employee prior to a workplace accident or workplace exposure to harmful conditions. Some of the most common examples of pre-existing conditions include the following:
These cases often devolve into debates over vocabulary. While the everyday person may use the words “aggravation” and “exasperation” interchangeably, these two words mean different things under California workers’ compensation law.
An aggravation of a pre-existing condition means that the worker has sustained a new injury or illness under California law. If the condition or injury causes the employee to sustain a temporary or permanent increase in their disability or causes the need for new medical treatment or a change in their current treatment plan, this is an aggravation of a pre-existing injury.
The reality of these cases is that an employer or a workers’ compensation insurer will almost always strive to have the injury classified as an exasperation, not an aggravation of a pre-existing condition. It is crucial to work with an attorney who has extensive experience handling these cases to ensure that your work injury is classified appropriately.
The fact that you may be eligible to receive workers’ compensation benefits when a pre-existing injury has been aggravated as a result of your work in California doesn’t mean the process of securing what you’re owed is always easy. Workers’ compensation insurance carriers are still businesses. If your employer’s workers’ compensation insurance company can justify denying your claim or settling for less than your claim is worth, they will likely attempt to.
Employers themselves may also attempt to discourage workers from seeking compensation in these circumstances. For example, your employer may fear that if your claim is honored, their insurance premiums will go up.
This isn’t meant to suggest that you’ll be unable to receive the workers’ compensation benefits you deserve if a pre-existing injury has been aggravated due to work-related factors. It’s meant to highlight the importance of taking the following steps:
It’s also wise to review your case with legal professionals before filing a claim. Your odds of receiving the workers’ compensation benefits for which you may be eligible could be greater if you coordinate with a reputable Van Nuys pre-existing injury claim law firm.
Our team can help you pursue workers’ compensation benefits if a pre-existing injury has been aggravated by:
Additionally, when you hire a lawyer to represent you, you’ll have more energy and time to devote to recovering from your condition.
This is important when a pre-existing injury has been aggravated. Instead of adding to your burdens by negotiating with insurance adjusters, you can get proper rest while the team at our Van Nuys workers’ compensation law firm pursues the benefits for which you may be eligible.
If you or somebody you care about has sustained a workplace injury but are having trouble securing compensation because of a pre-existing medical condition, contact an attorney today. At Koszdin, Fields & Sherry , our dedicated team will work diligently to investigate your claim and negotiate with every party involved to ensure that you receive full compensation. This can include:
When you need a Van Nuys work injury attorney to help you secure compensation, you can reach out to us for a free consultation by clicking here or calling 800-747-3447.