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Can I Collect Workers’ Compensation If I Have a Preexisting Condition?

  • Published: October 28, 2021
Can I Collect Workers' Compensation If I Have a Preexisting Condition?

Insurance companies often seem to be looking for excuses to deny the claims of injured parties, and they usually try to deny preexisting conditions in workers’ comp cases. If you’re wondering “Can I collect workers’ compensation if I have a preexisting condition?” an attorney with KCNS Law Group can conduct a case review and offer their legal opinion of your specific case. However, below we’ll discuss some of the general guidelines that typically apply.

What If an Accident Worsened My Preexisting Condition?

In cases where the injuries you sustain in a workers’ comp accident mirror or even slightly resemble an injury you’ve had previously treated; insurance companies will typically try to deny coverage. This is commonly seen with back and spine injuries, for instance, since many individuals may have already suffered from “bad back” issues in the past.

This doesn’t mean that obtaining workers’ comp coverage for your back injury is impossible, however. Although it somewhat complicates your claim, it’s possible to overcome a denial by presenting evidence that your prior injury was worsened by the new injury. An experienced workers’ compensation lawyer can help you prove that at least 51% of your current disability state can be traced to the new injury.

How Can I Help Show the Accident Exacerbated My Injury?

Insurance companies often fight hard to deny preexisting conditions. Their goal is usually to minimize how much they have to pay out to injured workers in order to save money. However, you can collect certain evidence and take action to help demonstrate that your workers’ comp accident exacerbated your preexisting injury. Some of the steps you can take include:

  1. Gather all medical records associated with the previous injury and the new workplace injury to help show how the existing injury was worsened.
  2. Be sure to file your workers’ comp claim promptly. You must file it within 30 days after being injured or else have your claim denied.
  3. Promptly comply with the insurance company’s request for a medical exam. The independent medical examiner assigned to your case will thoroughly examine your physical condition and review your previous records. You are required to comply with this exam in order to have your injury claim covered.

Once you report your workplace injury to your employer, they must report it to their insurance carrier within seven days. Their insurance company will contact you sometime after and begin the process of evaluating your claim. It’s often a wise idea to hire a workers’ compensation attorney as soon as possible to help ensure your legal rights are protected.

Contact a Workers’ Compensation Lawyer with KCNS Law Group

Suffering a workers’ comp injury while performing your job duties can be both stressful and painful. It can be doubly stressful if a preexisting condition complicates the issue. If you want a dedicated workers’ compensation lawyer on your side, those with KCNS Law Group are ready to help. Call us at (877) 513-9007 or contact us online to schedule a free case evaluation.

KCNS Law Group LLP

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