Many workers’ compensation insurance companies will tell you that you’re not entitled to coverage because of a pre-existing condition. That’s not always true, however. With the assistance of your attorney, you may still be able to receive coverage.
When the Pre-Existing Condition Is Aggravated
In some cases, you might have a pre-existing condition that hasn’t bothered you for some time. For example, you may have sustained a back injury in a car accident ten years ago. After medical treatment and physical therapy, you have been pain-free for the last five years. After working at your job, lifting heavy boxes for the last two years, your injury has begun to flare up again. Because it’s been such a long time that you’ve felt OK, you might be entitled to workers’ compensation.
Keep in mind, you won’t be compensated for all the original medical bills associated with your injury. You will only be compensated to the degree that your condition was aggravated or made worse. For example, if you have to go to physical therapy for six more months, or if you are prescribed pain medication, you could receive payment for those additional expenses.
When the Pre-Existing Condition Has Nothing to Do With the Injury
Some pre-existing conditions have absolutely nothing to do with the injury you sustain at work, though the insurance company might try to make a connection between the two. For example, you might have slipped and fallen on ice seven years ago, breaking your leg and having to wear a cast for two months. Physical therapy may have followed for the next six months. It has now been over six years that you have been pain-free.
At work last week, perhaps you were lifting a heavy box and tweaked your back, causing you to fall to the ground in pain. Your back injury is completely unrelated to your broken leg from seven years ago. The insurance company might try to say your leg gave out, which caused you to fall and injure your back. You know that’s not true, so you can enlist your lawyer to fight for full compensation for the back injury.
Hiring a Lawyer
It’s unfortunate you have to fight for your rights, but in a lot of cases, that’s exactly what you need to do. If you were injured at work and are entitled to workers’ compensation, even with a pre-existing condition, contact and hire a workers comp lawyer, like from Polsky, Shouldice & Rosen, P.C. for assistance.
