In California, the Workers’ Compensation laws are clear. If any worker suffers an injury or accident in the workplace or during work, they should receive workers’ compensation for the damage. The employee can get these benefits even if they did not follow safety rules or exhibited any negligence.
In some cases, the affected employee may already have an injury or illness that worsens due to the work accident or injury. So, what happens when an accident aggravates this existing injury or condition? When this occurs, the case gets more complicated, but it is possible to get the benefits that the employee deserves.
As we mentioned before, these cases are difficult to prove, and they tend to seem like an uphill battle. The employee has to count on legal and medical representation to prove that the health condition or injury was made significantly worse by work tasks. Some of the most common pre-existing medical conditions that employees suffer are:
- Degenerative disc disease
- Fibromyalgia, and
- Cardiovascular disease
The most common injuries are:
- Neck or back pain
- Broken bones
- Traumatic brain injury, and
- Strain and sprains
To succeed in the workers’ compensation process, the employee needs to obtain a qualified medical opinion that proves how a job caused his or her injury. These documents are going to help demonstrate that the injury did indeed exacerbate the pre-existing condition. With the right medical and legal help, injured workers can get the benefits they deserve.
What happens if your claim is denied?
These cases are routinely denied because it is difficult to prove how the workers’ health or injury worsened. The employer’s lawyer or insurance will claim that the symptoms preventing you from working are attributable to the employee’s pre-condition, not anything work-related.
If the employee receives a workers’ compensation claim denial for having a pre-existing health condition, this doesn’t mean they have lost the case. The attorney can ascertain the facts surrounding the employee’s incident and gather all the necessary documentation to show their condition is work-related. If you have questions about your workplace accident, contact our team for a free case review.