Already Hurt Prior To A Workers' Compensation Injury?
If you have a history of injuries and medical conditions, you are not alone. However, certain situations may make you more aware of your past medical issues and one of those is a work injury. In some cases, workers can have their benefits denied because they have previous conditions. However, this is not the deal breaker it may seem. Read on and find out why accusations of previous injuries don't always mean a denial of workers' compensation benefits.
Why Claims Are Denied
Worker's compensation coverage is a valuable perk for most workers. However, it may not be easy to get those valuable benefits. Insurers may object to a claim if they believe it's a result of a previous injury or condition. Here are some of the most common ways that preexisting conditions can impact workers' compensation claims.
Aggravation of a Pre-Existing Condition
If a work-related injury aggravates a preexisting condition, the injured worker may still be eligible for workers' compensation benefits. However, the benefits may be limited to cover only the aggravation of the preexisting condition.
Apportionment of Benefits
In some states, workers' compensation benefits may be apportioned between the work-related injury and any preexisting conditions that contributed to the injury. This means that the injured worker may only be eligible for benefits to cover the portion of the injury that is directly related to the work-related incident.
Limitations on Benefits
In some cases, preexisting conditions may limit the types of benefits that an injured worker is eligible to receive. For example, if a preexisting condition limits the injured worker's ability to return to work, they may only be eligible for partial disability benefits.
Increased Burden of Proof
If the work-related injury is related to a preexisting condition, the injured worker may face a higher burden of proof to demonstrate that the injury is work-related and eligible for benefits.
It's important to note that each state's workers' compensation laws are different, and the way that pre-existing conditions are considered can vary depending on the specific circumstances of the case. If your workers' compensation claim has been denied because of a preexisting condition, speak to a workers' compensation lawyer. They can review your case and help you show that you have a valid claim and that your injury requires compensation. You may have rights to second opinions and a process that includes appeals, mediation, settlement talks, and hearings.
Speak to a work site accident attorney to find out more.