Can a Pre-Existing Condition Affect My Workers’ Compensation Claim?

When you suffer a work injury and begin the claims process, knowing how pre-existing conditions can affect the process is essential.

In the following note, we will address this topic, but first, we must ask ourselves: What is a pre-existing condition? It is any medical condition outside the “normal” that existed before suffering the injury.

Impact on Workers’ Compensation Claim

First of all, stay calm. The presence of a pre-existing condition does not automatically preclude your right to workers’ compensation. You should consult a specialist lawyer since it may cause certain complications and require an even more rigorous investigation and evaluation. Some of the things to keep in mind are:

  1. Whether your job aggravated the problem due to typical functions of your position and how it contributed to your condition worsening.
  2. If your job caused 100% of the health problem and your pre-existing illness is not related to it at all.

To determine this, it is necessary to gather evidence and documentation that associates your injuries with your job function. This way, you can request your workers’ compensation beyond any pre-existing illness you have.

So, how to act in these situations?

  1. Seek specialized medical attention to treat your wounds, and remember to inform them of any pre-existing conditions. Also, request a medical report to have irrefutable evidence about your injuries.
  2. Immediately inform your employer of the injury, which is key to your claim and meeting the required deadlines.
  3. Contact a workers’ compensation attorney so they can guide you through the process to protect your rights.

Living with a pre-existing condition should not impede getting a job or take away your rights if you suffer an injury.

Compensation for a work injury is for all workers, and having evidence and an experienced attorney who can properly present it is the key to success.