You might be concerned about whether you can receive workers' compensation benefits when suffering from a preexisting condition. A workers' compensation insurance provider might even be reluctant to compensate you fully. But under most circumstances, you will still be eligible for compensation. But if you need more clarification, it's essential to consult with a workers' compensation attorney.
Types of Preexisting Conditions
Several conditions can affect your workers' compensation claim. You might have suffered from an accident when you were a teenager. You might have a congenital disability. You might also be suffering from a condition that is a natural part of the aging process. However, regardless of the medical condition you are experiencing, you can protect your workers' compensation claim depending on the state's laws.
Even if you have a preexisting condition, an accident at work might have aggravated your condition. Therefore, you would still be entitled to compensation for your lost wages and medical expenses.
Symptomatic Vs. Asymptomatic Conditions
One of the concerns to first address is whether your preexisting condition is symptomatic or asymptomatic. An asymptomatic condition does not produce any symptoms. Not only does a symptomatic condition have symptoms, but it also needs treatment if these symptoms are severe.
If you have an asymptomatic condition, the accident might cause your condition to become symptomatic. In other words, the preexisting condition and your injury together will produce symptoms. You would then be entitled to compensation for medical expenses related to the symptoms.
However, even if you already have symptoms, such as back pain, you may be entitled to partial compensation if your back pain or any other symptoms worsen due to the accident.
When a Preexisting Condition Won't Increase the Value of Your Claim
On the other hand, if you have a condition, such as a migraine, that already existed before the accident, you will probably not be entitled to compensation for the migraine if you experience pain to the same extent as before.
How to Handle a Claim Denial
If the workers' compensation insurance provider chooses not to approve your claim due to your condition, you must contact a workers' compensation attorney for help. Your attorney can help you through the appeals process to receive compensation.
To appeal your case, you'll need to file an appeal with the right appeals board for the state in which you reside. If your appeal is unsuccessful, your attorney might recommend taking the insurance provider to court.
Contact a local workers' compensation claim lawyer to learn more.
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