Aggravation of a previous condition is something that happens during a workers’ compensation case. This can happen to anyone who has this type of case and requires additional help if this happens to them. 

This is a common issue that arises with workers’ compensation claims within the workplace. It is important that the worker works with a medical professional when they are experiencing any sort of injury, whether it is work-related or not. Usually, if it is work-related, there are forms that have to be filled out and are required for the employer to submit to the insurance coverage that they have on each of their workers. To be sure you know all about your legal rights be sure to contact a workers’ compensation lawyer

Workers’ Compensation System

The workers’ compensation system is a system that is there to provide and protect workers who end up becoming injured while doing the job that they need to do at the workplace. Even if the worker is doing a job that is not necessarily damaging on the body or dangerous, they can still suffer injuries from the job such as back problems or carpal tunnel in the arms and hands. 

However, sometimes, a worker may have issues prior to getting the job. This does not automatically mean that they are barred from receiving workers’ compensation benefits. It does mean that it might make it harder to determine whether the damages were from a particular position or job that they hold or if they were there previously.

Working with a Medical Professional

It is important that the worker who is injured while on the job works with a medical professional to figure out what type of injury they have. Since there are different types, the medical professional has to classify the injury as total, partial, permanent, or temporary.  

Permanent disabilities make it so the worker is not able to come back to work at all. Their disability is permanent and it makes it so they are unable to do the work or job they are supposed to be doing. Temporary disability means the worker can come back to work eventually, just not right now. The medical professional has to also determine if the injury is one that happened at the job site or somewhere else. 

Total disability is when the person is unable to do any job during the time that they are out of work, or they are unable to do a modified version of the job. Partial disability means that the worker is able to do another job, just not the one that they were originally doing or they can do the same one, but modified to make it easier for them to do based on the injury they are dealing with from the particular job.

Aggravation of a Pre-Existing Condition

Even if the worker has a pre-existing condition before they started the job, it does not mean that they are not covered by the workers’ compensation benefits and services that the workplace offers. There are instances when it may or may not be covered, and the scope of this can be dependent not only on the type of injury, but the specific case itself, the company’s coverage, the medical advice that is given, and the specific job that is being done by the worker. 

When the worker has a back injury, or any other issue, such as arthritis and this is being aggravated by the specific job they are doing; this can be covered under the workers’ compensation benefits that the workplace should have for the employees that are working with them. 

There are also other factors that come into play with a pre-existing condition. If this condition has already been filed under another workers’ compensation report, then this might also be something that can hinder the worker getting additional compensation from the same injury, especially when knowing that the injury is there and the person goes to do the same job with a new company, without letting them know about this report or this injury.

Denying a Claim for a Pre-Existing Condition

If the worker has been denied a payout from the insurance company because it is a pre-existing condition, then the worker can fight this. They have to file new paperwork and bring the insurance company and the employer to court or find a settlement amount in the middle without going to court.

If your claim was denied, it is important that you reach out to the right legal person to help. This is because the insurance company legally cannot dispute or deny a claim based solely on the fact that it is a pre-existing condition. This is where a lot of people find issues with the insurance companies, as they feel that since this condition existed when they were hired, it is not the fault of the employer. However, the law states that when this pre-existing condition is aggravated by the job that the workers are doing, this is the responsibility of the employer to pay for through the use of the workers’ compensation insurance benefits that they pay for on their workers.

Contacting a Professional for Legal Advice

Those who are having issues with their employer who is not providing the accommodations that are required by law for the workers’ compensation case that they have can speak with a lawyer who specializes in this particular case. Reaching out can shed more light on the issues they are dealing with.

If you want to speak with a legal attorney for more information regarding the case that you think you might have. They can provide more information on what can be done inside the courtroom for not only you but the case you think you have. 

Working with someone who understands the particular case you may have, or even the specifics of the courtroom that can provide the information you need, you can ensure that you obtain the justice and compensation that you are entitled to from your employer. Call the Law Office of Daniel Hegwer today to speak with the best lawyer for the case.