Can a Pre-Existing Condition Affect My Workers Comp Claim?
While a pre-existing condition can impact your claim, you may still be entitled to receive workers’ compensation benefits in Nebraska for on the job injuries and illnesses you suffer.
On-the-job injuries and occupational illnesses can impact workers in a variety of occupations. If you have a pre-existing health condition, you could be at an even greater risk. Getting a workers’ compensation claim approved so that you can get the benefits you are entitled to while you recover can be challenging in any situation. In cases involving pre-existing conditions, it is particularly important to have an experienced Nebraska workers’ compensation attorney on your side.
Pre-existing injuries often occur as the result of an accident or overexertion. Strenuous sports and recreation activities or even relatively simple tasks around your home can lead to muscle and tendon sprains and other chronic conditions, while car accidents, slips and falls, or other mishaps can leave you suffering serious head, back, and neck injuries.
Under Section 48-101.4 of the Nebraska Statutes, all of the above may be covered under workers’ compensation, making you eligible for benefits. Under state law, when any type of injury or illness arising out of or during the course of your employment aggravates a pre-existing condition to produce additional injuries or disabilities, the employee is entitled to file a workers’ compensation claim. However, there are some exceptions and cases in which benefits are likely to be disputed or denied:
If your condition worsens due to a situation that would otherwise not result in injuries;
If there is no clear relationship between an on the job accident and your pre-existing condition;
If you were willfully negligent in adhering to common safety practices on the job set out by your employer.
In any claim for benefits filed through the Nebraska Workers’ Compensation Court, an employee must follow all rules and requirements for obtaining benefits, which includes meeting the burden of proof. This will involve providing statements, receipts, and medical records from your doctor and other medical providers showing the extent of your job-related injuries or illness, how an accident or other mishap at work may have aggravated a pre-existing condition, and how it is likely to impact you in the weeks, months, or even years to come.
This is where you need an experienced Nebraska workers’ compensation attorney on your side. We can help you assemble the required documents and represent you in filing your claim. In the event it is denied, we can defend your rights to compensation on appeals and in hearings on your behalf. Getting the workers’ compensation benefits you are entitled to plays a crucial role in your recovery. Contact Andres Law Offices, PC LLO today and request a consultation to see how we can assist you.