Pre-Existing Injuries and Your Entitlement to Workers’ Compensation

Dealing with a workplace injury is challenging enough, but what if you have a pre-existing condition related to the injuries? Most people do.  Many workers worry that their prior injuries or illnesses will prevent them from receiving workers’ compensation benefits if they get hurt on the job. However, the reality is that the California Supreme Court has held that workers’ compensation benefits are still owed to you if your work duties made you worse.

1. Understanding Pre-Existing Conditions

A pre-existing condition is any injury, illness, or medical condition that you had before your current workplace injury occurred that relates to your current work injury. This could include chronic issues like back pain, arthritis, or even a previous injury that has not fully healed. Employers and insurance companies often try to blame the preexisting conditions to avoid or discount what you are owed. Fighting off the insurance company’s tactics usually requires careful documentation both medically and legally.

2. Proving Work-Related Aggravation

To receive workers’ compensation benefits despite a pre-existing condition, you must demonstrate that your job duties influenced the course of the condition. This can be challenging, as it requires clear evidence linking your work activities to the worsening of your condition. Medical records, doctors’ opinions, and careful legal preparation can all play a decisive role in a successful outcome.

3. The Challenge You Face

Employers and their insurance companies have unlimited resources and an army of attorneys at their disposal to defeat your legitimate claim. They bring those resources to bear to deny your claim or offer a lower settlement than you deserve. Having an experienced workers’ compensation attorney who understands what needs to be done with a strong track record and makes the difference between receiving nothing or securing the award you legitimately deserve.

If you have a pre-existing condition and have been injured at work, don’t assume you’re ineligible for workers’ compensation. Thomas F. Martin, PLC offers a free and confidential case evaluation to discuss your situation and offer you feedback. Contact us today at (714) 547-5025 to schedule your consultation.
Also read: Your Guide to an Experienced Work Injury Lawyer Serving Irvine