“We will ensure the settlement you receive is the best possible — and we are not afraid to go to trial to get it.”
– Attorney Eric Overholt

“We will ensure the settlement you receive is the best possible.”

How a pre-existing condition can affect a workers’ compensation case

On Behalf of | Jan 8, 2025 | Workers' Compensation |

Suffering a workplace injury can make it difficult to get by. After all, you’ll have medical expenses that need to be paid, and your inability to work will prevent you from generating necessary income. While the workers’ compensation system might provide you with some relief, the process can quickly become complicated if you have pre-existing conditions. And your employer’s insurance company will likely try to latch onto that fact to use it as a justification for claim denial.

How to approach a pre-existing condition in your workers’ compensation case

While it’s true that a pre-existing condition could lead to a workers’ compensation claim denial, that doesn’t necessarily have to be the case in your situation. If you can demonstrate that your job duties resulted in a worsening of your condition, then you still have a valid claim for benefits.

Of course, showing that your pre-existing condition has deteriorated due to your job duties will require extensive medical evidence. So, be sure to have open and honest conversations with your medical provider so that you can acquire their concrete opinion on the matter. Then, be ready for the issue to come up during your claim’s processing, especially when you’re subjected to an independent medical examination.

Throughout your workers’ compensation claim, be clear on what your condition looked like previously, detail how it worsened over time in direct correlation to your job duties and explain how limiting your condition is now.

Fight to protect your right to workers’ compensation benefits

You deserve to be safe in the workplace and to be treated fairly when you’re hurt on the job. But employers and their insurance companies will sometimes do everything possible to try to avoid paying out workers’ compensation benefits. Don’t let them get away with that. Instead, diligently work to build an effective workers’ compensation case that aggressively protects your interests and increases your chances of acquiring the outcome that you want.