Baltimore Workers’ Compensation Lawyers: Pre-existing Condition
February 4, 2016If you are injured in a workplace accident, you expect your employer’s Workers’ Compensation insurance to cover your injury-related medical expenses and a portion of your lost wages while you recover. However, if you have a pre-existing medical condition or prior injury, you may be worried about how it will affect your Workers’ Compensation claim. While these factors do not necessarily preclude you from qualifying for benefits, they can make the process significantly more complicated. This is especially true if your pre-existing condition is medically related to your Workers’ Compensation claim.
In general, only injuries or illnesses that arise as the result of your work activities are compensable under Maryland Workers’ Compensation law. Many of these injuries happen because of a sudden and unexpected event such as a fall or other workplace accident. Other common types of claims stem not from an isolated incident, but occur because of repetitive stress on muscles, tendons or joints that can aggravate a prior injury or medical condition. In either case, your employer’s insurance carrier may argue that your impairment is a not true work injury, but rather a result of your pre-existing condition. They will then try to use that argument as a reason to deny your claim.
If activities related to your job have caused you to become disabled, you have a right to claim Workers’ Compensation benefits. This right extends to employees who have pre-existing conditions that make it more likely for them to be injured at work. Examples of such conditions include, but are not limited to:
- Prior back injuries
- Knee injuries
- Shoulder injuries
- Earlier surgeries
- Nerve damage
- Arthritis
- Asthma
As with any work injury claim, you must report the aggravation/re-injury to your supervisor immediately and seek medical treatment. You are also advised to talk to an experienced Baltimore Workers’ Compensation lawyer as soon as possible. These types of cases should not be handled alone, as one small misstep could significantly impact your right to benefits. Your attorney will help you gather necessary medical evidence to show that your condition is work-related and then present it properly to ensure you receive the full amount of benefits to which you are entitled.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Fight For Injured Workers’ Right to Benefits
If you have a pre-existing condition that was made worse because of your job, we can help you get the benefits you deserve. At LeViness, Tolzman & Hamilton, we take on even the most complex Workers’ Compensation cases and work tirelessly to get the best results for our clients. Don’t delay; call 844-556-4LAW (4529) today to schedule a free consultation with one of our qualified and highly skilled Baltimore work injury lawyers. You can also contact us online.
