Do Pre-Existing Conditions Affect My Claim?
Workers who are hurt on the job can file a workers’ compensation claim for benefits, but a pre-existing condition can complicate matters.
Workplace accidents happen all too often. When they do, employees often suffer from debilitating injuries. Most employees can claimworkers’ compensation benefits for medical expenses and a portion of their lost income when they are hurt on the job. Unfortunately, when a worker suffers from a pre-existing condition, claiming the benefits they deserve becomes more challenging. It is important to work with an Omaha workers’ compensation lawyer who can help you claim the full benefits to which you are entitled.
What is a Pre-Existing Condition?
For the purposes of workers’ compensation, apre-existing condition is defined as a medical condition or injury an employee sustained before the accident that caused their most recent injury. Some of the most common examples of pre-existing conditions are as follows:
- Degeneration of the spine
- Knee injuries
- Herniated disks
- Sprains and/or strains
Are You Eligible for Workers’ Comp With a Pre-Existing Condition?
Even though pre-existing conditions pre-dated the employment or the accident that resulted in the most recent injury, it does not mean employees with this type of condition are precluded from obtaining workers’ compensation. This means that even if you had a pre-existing condition before becoming hurt at work, you can still claim workers’ compensation.
Workers’ compensation benefits are meant to help an employee recover from a workplace injury. This means that even if a workplace accident aggravated the pre-existing condition and caused it to become worse, you can still claim workers’ compensation. However, you can only claim benefits for the aggravation, not the pre-existing condition.
For example, an employee may suffer from back issues, which are common pre-existing conditions. While working, the employee may injure their back and suffer from a newly slipped disk, which aggravated the pre-existing condition. The employee could claim benefits for the slipped disk, and any ill effects they suffered from it. They could not claim benefits for any back problems they suffered prior to the accident.
Why Pre-Existing Conditions Complicate Workers Comp Claims
You do have the right to file a workers’ compensation claim for any injury you suffered while at work. Unfortunately, employers and insurance companies sometimes take advantage of pre-existing conditions. They will argue that an employee is injured due to the pre-existing condition, and not because of anything that happened at work. Both entities do this so that they are not liable for paying the full benefits for a workplace injury.
Our Workers’ Compensation Lawyer in Omaha Can Help with Your Claim
If you have suffered a workplace injury and have a pre-existing condition, it is even more important that you work with anOmaha workers’ compensation lawyer. At Andres Law Offices, PC, LLO, our Omaha workers’ compensation lawyer can overcome the challenges these claims present so you can receive the full benefits you are entitled to. Call us today at 402-491-4003 or contact us online to schedule a meeting with our skilled attorney and to learn more.