In general, workers’ compensation does not cover pre-existing conditions from which a person may suffer. Employees who have pre-existing conditions may see their requests for workers’ compensation denied, as employers may consider their conditions part of that pre-existing state.
You may still receive workers’ compensation if you have a pre-existing condition and suffer from a workplace accident. If the accident worsens a pre-existing condition, coverage for treatment of all conditions must be included in an approved workers’ compensation claim or settlement.
Employers and Pre-Existing Conditions in the Workplace
If you find yourself injured in a workplace accident, and you have a pre-existing condition, employers must acknowledge that condition upon your request for workers’ compensation. There can be no difference between the settlement offered to employees without pre-existing conditions and those with pre-existing conditions.
You may also have an avenue for a workers’ comp case if a workplace worsens a pre-existing condition. If an employer fails to address all of your concerns after a workplace accident, even after that accident worsened your condition, you can speak with a workers’ compensation lawyer to determine what your legal rights are, as well as what alternative compensation you can seek out.
Work with a Ben Crump Law, PLLC Representative to Fight for Compensation
If the policyholder denies your claim for workers’ compensation, and you believe a pre-existing condition may have contributed to this denial, you may be able to take legal action. As mentioned above, employers must take you as you are. It is within their duty of care to attend to your needs should an accident worsen a pre-existing condition. Should they refuse, you can fight for support while you recover.
Going to court is not the usual method for getting compensation for your injury or illness suffered in the workplace. Nevertheless, you may want an attorney to help seek a larger payment for your injuries. It is possible to negotiate for a settlement outside of the courtroom. Together with a workers’ compensation attorney, you can calculate an estimate detailing what you believe your post-accident compensation should look like. From there, an attorney can reach out to the party you believe to be liable for your losses and negotiate on your behalf. This way, you can be spared the stress of communicating with said party.
There are cases, however, wherein you will need to take a case of this type to court to fight for what compensation you believe you are owed. In these cases, you can continue to rely on a workers’ compensation lawyer for representation.
Hearings for Workers’ Compensation Claims
If you received a denial notice for your worker’s compensation claim, you can file an appeal, especially if you believe your pre-existing condition factored into this decision. The appeals process will vary by state, but your case may go to a hearing if you and the other party cannot come to an agreement on payments.
A lawyer can represent you during this process and show any evidence that supports your entitlement to compensation from a workplace injury and prepare you for the hearing. States have different rules for worker’s compensation, and some processes will vary. You can find your state’s officials through the U.S. Department of Labor (DOL) sites.
Other Payments for an Injury at Work
A workers’ compensation case typically means that you are seeking payments for injuries that happened at work, regardless of fault. You typically are not seeking damages in a personal injury case like you would if you slipped and fell somewhere that was not your workplace.
However, there are some scenarios in which you may be able to pursue a personal injury case with “third-party liability” for a workplace injury. This type of claim is due to the negligence of someone who is not your employer. It is possible to get compensation from both types of cases, and a lawyer can help you with these as necessary.
Working on Contingency
You do not need to worry about legal fees while pursuing justice for a denied workers’ compensation claim. Law firms typically operate on a contingency basis. This means that you can benefit from legal advice and representation without putting up large amounts of money when beginning your case. You, in turn, will only receive a bill for those services if a court awards you damages for your losses.
Seeking Help from the Team at Ben Crump Law, PLLC
Although workers’ compensation does not cover pre-existing conditions, you may still be eligible under certain conditions. Ben Crump Law, PLLC can walk you through your legal rights and help you establish a case against the party you believe is liable for your worsening condition.
If you want to discuss your case with a representative, you can reach out to the team at Ben Crump Law, PLLC at (800) 603-4224.