If you have a pre-existing condition and suffer a back injury at work, you may wonder how it will affect your workers' compensation claim. The truth is, pre-existing conditions can complicate your claim, but they don't necessarily disqualify you from receiving benefits. Here's what you need to know.
1. Disclose Your Pre-Existing Condition
When you file your workers' compensation claim, you must disclose any pre-existing conditions that may affect your injury. Failure to do so can result in your claim being denied or delayed. Be honest about your medical history, and provide as much information as possible about your prior condition.
2. Prove Your Injury Was Work-Related
To receive workers' compensation benefits, you must prove that your back injury was caused by your job. If you have a pre-existing condition, your employer may argue that your injury is simply a result of that condition, not your work activities. To counter this argument, you need strong evidence that your injury was caused by a specific work-related incident, such as lifting a heavy object or falling on a slippery surface.
3. Establish the Extent of Your Injury
If you have a pre-existing condition, it can be difficult to determine the extent of your work-related injury. For example, if you have arthritis in your back and then suffer a work-related injury, it may be difficult to determine how much of your current pain and disability is due to the injury versus the arthritis. To establish the extent of your injury, you may need to undergo additional medical testing or evaluations.
4. Understand the Impact on Your Benefits
If your pre-existing condition is not related to your work injury, you may still be eligible for workers' compensation benefits. However, the benefits may be reduced to account for your prior condition. For example, if you have a pre-existing back injury that caused 10% impairment, and your work-related injury caused an additional 20% impairment, you may only be eligible for benefits for the additional 20% impairment.
5. Seek Legal Help
Dealing with a pre-existing condition and a work-related injury can be complicated, and it's important to have an experienced workers' compensation attorney on your side. An attorney can help you navigate the claims process, gather evidence, and fight for the benefits you deserve.
You Can Always Trust The Law Office of George P. Escobedo & Associates, PLLC
In conclusion, if you have a pre-existing condition and suffer a work-related back injury, you may still be eligible for workers' compensation benefits. However, it's important to disclose your prior condition, establish the extent of your injury, and seek legal help to ensure you receive the benefits you deserve. If you need assistance with your workers' compensation claim, contact The Law Office of George P. Escobedo & Associates, PLLC for a consultation. Our team is always on the side of workers and promises to go above and beyond to protect your rights.
Call The Law Office of George P. Escobedo & Associates, PLLC now at (210) 807-3178 or send us a message online.