It’s an all-too-common scenario: an employee with a history of health issues sustains an injury at work, only to be met with the claim denial that their pre existing condition played a role. Are individuals facing such challenges out of luck regarding workers’ compensation? Not necessarily. The law allows for situations where pre existing conditions can intersect with workplace injuries, and understanding your rights in these circumstances is pivotal.
A Look at the Law
To comprehend the nuances of workers’ compensation about pre existing conditions, we must turn to the statutes and case law that govern these claims. In most states, workers’ compensation laws require employers to benefit employees who suffer job-related injuries, irrespective of fault. So, where does a preexisting condition come into play?
Under workers’ compensation law, employers are responsible only for injuries related to the job duties or environment. However, this doesn’t mean that preexisting conditions are automatically grounds for denial. Employees are entitled to compensation if they demonstrate that their work exacerbated or accelerated their pre existing condition. In such cases, the claim is not for the entire condition but for the portion of harm attributable to the workplace.
Proving Your Case
Successfully navigating a workers’ compensation claim involving a preexisting condition hinges on proving that the work environment or duties significantly affected the existing health issue. Here are steps to bolster your case:
1. Seek Professional Advocacy
A qualified workers’ compensation attorney can guide you through the intricacies of the law and build a robust case. They will help gather necessary medical evidence, testimony, and documentation to substantiate the claim without compromising your rights.
2. Comprehensive Documentation
From injury reports filed at the workplace to detailed medical treatment records, thorough documentation is non-negotiable. Detailed notes and photographs of the incident and resulting ailments can be powerful evidence.
3. Medical Corroboration
The opinion of a medical professional, especially that of an independent specialist, carries weight in establishing the link between the work injury and the preexisting condition. Their assessment can help clarify the extent of the impact of the workplace incident on the initial health concern.
What You Need to Know If You’re Injured at Work with pre existing conditions
If you ever find yourself in the unfortunate situation of dealing with a workplace injury and a preexisting condition, there are crucial do’s and don’ts to remember. These can be the difference between a successful claim and a denied one.
Be Cautious with Your Words
Your statements about the event and its relation to your health should be factual and reasonable. Avoid exaggerations or downplay, and certainly never admit to something inaccurate or supported by medical evidence.
Prompt Reporting Is Key
Do not delay reporting your injury to your employer, even if you are uncertain about its severity. Injuries can manifest over time, and a delayed report can be used against you by the insurance company.
Secure Medical Attention
If your employer doesn’t provide immediate medical care following an injury, seek treatment alone. Be sure to inform the medical professionals of the work-related nature of your injury and ask for a full report of your diagnosis and treatment.
Consistency in Care
Once under medical treatment, be consistent in following the prescribed care plan. Any inconsistencies may be viewed as an indication that your injury is not as severe or work-related as claimed.
The Road to Recovery
Navigating the complexities of workers’ compensation, especially when preexisting conditions are a factor, can be daunting for any individual. But with a clear understanding of your rights, the support of a seasoned attorney, and a commitment to due diligence in your claim, it is possible to secure the compensation and care you deserve.
In the case of Craig Armstrong’s successful resolution, the dedication to thorough medical examinations, persistence in seeking suitable care, and careful adherence to the legal protocol resulted in a triumphant outcome for the injured employee.
For those facing similar predicaments, remember that the law is on your side, and with the right approach, you can contest claim denials related to preexisting conditions. Stay informed, be proactive, and lean on the expertise of legal professionals to pave the way for a fair and just outcome in your workers’ compensation case.
Contact an Experienced Workers’ Compensation Lawyer Today
When you become injured at work, you need an experienced Tulsa Workers’ Compensation Lawyer in your corner. The Armstrong Law Firm PLC provides seasoned, knowledgeable, and compassionate counsel and legal representation for injured Oklahoma workers to help them get the benefits they deserve under the law. Contact us today at (918) 582-2500 or complete the contact form online to request a free consultation.