Can Pre-Exisiting Conditions Affect Workers' Comp Claims?

 Posted on February 13,2024 in Workers' Compensation

Workers who have a legitimate workers’ compensation claim often decide not to file it for several reasons. They might worry that their employer will harass them or retaliate. Maybe they think it would be too complicated and involved to try to prove their claims. This can be especially true for people who have pre-existing conditions and worry that they would not be able to prove that those conditions got worse as a result of their work. However, if they do not come forward, their condition can continue to be exacerbated until they simply cannot work anymore. If you are in a similar situation, an experienced Morgan Hill, CA workers’ compensation lawyer can advocate passionately for your rights.

Pre-Existing Conditions and a Workers’ Compensation Claim

When someone fully able-bodied is injured in a work-related accident, this is not particularly difficult to prove, especially when there are eyewitnesses. It can be more difficult to demonstrate how your work aggravated a pre-existing condition. However, there is an important distinction between what is difficult and what is impossible. These claims can still be argued successfully and if so, can have a significant impact on the life of the person who filed the claim.

Similar to any other type of claim, medical records will be important here. Ideally, these records can show a medical history of dealing with whatever the pre-existing condition is and then reflect how this condition has been exacerbated by work. The claimant might also need to offer evidence that could rule out any other reason for the aggravated condition, for example, diet, hobbies, and other lifestyle choices. If they can demonstrate this, the worker can be entitled to workers’ compensation benefits.

A worker who has personal health insurance might be tempted to simply seek medical treatment covered by their insurance and continue working as if everything is business as usual rather than file a workers’ compensation claim. Unfortunately, this might only make matters worse. If you act to address the work-related issues that are exacerbating your condition, you might be eligible for rest and recovery in addition to the financial resources necessary to treat your condition, thus enabling you to stay at your job in the long term. If not, the underlying issues will likely not be addressed, and the problem might continue to get worse.

Schedule a Free Consultation with a Santa Clara County, CA Workers’ Compensation Attorney

If your pre-existing condition has become aggravated by work-related activities, a compassionate Gilroy, CA workers’ compensation lawyer can review your case and explain how you might be able to receive benefits to cover your medical expenses and loss of income. At Cramer + Martinez, we offer free consultations, so call 408-848-1113 to schedule yours.