You might be curious about the implications of having a pre-existing condition for your workers’ compensation claim if you already have one. The response to this question is going to be contingent on several different aspects, such as the severity of your condition, the reason for your injury, and whether you have informed your employer about your situation.
In general, having a pre-existing condition can make it more challenging to collect workers’ compensation benefits when you are injured on the job. There are a few notable deviations from this general rule. You may still be eligible for benefits, for instance, if your employer was aware of your condition but did nothing to protect you from potential hazards despite having the ability to do so.
What is A Pre-existing Condition?
A “pre-existing condition” refers to an injury or disease, either physical or mental, that you already had prior to sustaining an injury or illness on the job. If your employer or the insurance company that handles your workers’ compensation claim believes that your job-related illness or injury was caused by a pre-existing condition, they may try to get your claim denied.
Consider the following scenario: you already have a condition affecting your back and hurt it while you were working. If this is the case, your employer or the insurance company that covers your workers’ compensation claim may argue that the injury you sustained at work was not the result of your job but rather a pre-existing condition. Or, if you already have diabetes and you develop carpal tunnel syndrome as a result of doing repetitive tasks at work, your employer or the workers’ compensation insurance company may claim that the carpal tunnel syndrome was not caused by your job but was instead caused by your pre-existing diabetes.
How Can a Pre-existing Injury Affect A Workers’ Compensation Claim?
A claim for workers’ compensation may be significantly impacted by the presence of a pre-existing condition. If the condition was brought on by work, the costs of treatment are the responsibility of the employer. If the condition is not related to the employee’s job in any way, the employee is responsible for the costs. This can present a challenge for workers’ compensation, as it is not always easy to determine whether an illness or injury is the result of working conditions.
Whether or not a pre-existing condition is related to work can be determined in a few different ways.
- The first step is to investigate the specifics of the injury or illness that has been sustained. If it is something that the work could have only caused, then it is likely work-related.
- The second thing to consider is the sequence in which the illness or injury occurred. If it happens not long after you start a new job, the likelihood that it is related to your job increases.
- Examining the employee’s past is the third method for determining whether a pre-existing condition is related to the employee’s time spent at work. It is more likely that the employee’s current condition is related to their job if the employee has a history of getting hurt or sick on the job.
It is essential to keep in mind that every circumstance is unique and that no answer is applicable in every situation to this question.
How Can I Protect Myself If I Have a Pre-existing Condition?
If you have a pre-existing condition, there are a few things you can do to protect yourself and your workers’ compensation claim:
- Get a note from your doctor about your pre-existing condition and what activities or job tasks may aggravate it.
- If you are injured at work, tell your employer right away and be sure to include all information about your injury, including what body part is damaged and how the injury happened.
- Make sure your workers’ compensation claim includes all your pre-existing conditions that might be affected by your job-related injury or disease.
- Be prepared to explain how your job-related injury or disease differs from your pre-existing condition. For example, if you have back pain and hurt your back at work, you must explain how the work injury differs from your pre-existing condition.
Conclusion
It is imperative that you have a solid understanding of how a pre-existing condition can influence your workers’ compensation claim if you do have one. Your ability to demonstrate that your injury was caused by your job may be hindered by a pre-existing condition, and the number of benefits to which you are entitled may also be impacted by these conditions. Contact Garcia and Phan at ((714) 586-8298) for a free consultation if you have a pre-existing condition and are injured on the job.
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