Pre-Existing Conditions and Workers’ CompensationFebruary 26, 2018
Workers’ Compensation benefits are available to any employee who has been injured while officially on the job. However, if you have a pre-existing condition, it can complicate matters. While the workplace injury or illness that you suffered from should make you eligible to receive benefits, the pre-existing injury can have a negative impact on the amount of benefits that you will receive. In fact, these types of claims are often denied if your employer believes that the injury is attributed to your pre-existing condition and is not work-related. An experienced Workers’ Compensation lawyer can help you prove that your condition is work-related and obtain the full benefits you deserve.
From a Workers’ Compensation standpoint, your employer is only responsible for the degree to which your condition was made worse because of the injury. There are several pre-existing condition scenarios that will affect the amount of financial benefits you will receive.
Pre-Existing Condition Related to Prior Workers’ Compensation Claim
If you have a pre-existing condition that was caused by a workplace accident and you re-injured the same body part, the benefits you receive for your current injury will be reduced slightly to account for the prior claim. You will be reimbursed for all medical expenses related to the new workplace injury. In addition, you will receive temporary disability benefits if you are unable to work. However, your permanent disability benefits will be different. If the compensation amount for your new injury is more than the compensation for your previous impairment, you will likely only receive the difference between the two.
Pre-Existing Condition Not Related to Prior Workers’ Compensation Claim
If you were previously injured in an accident that was unrelated to work and a work accident aggravates that existing injury, your Workers’ Compensation benefits will likely only cover the ways in which your condition worsened due to the new injury. Your physician will be able to determine whether the work injury aggravated your pre-existing condition.
Pre-Existing Unrelated Condition
If you have a pre-existing condition that is not at all related to your job and you suffer a work-related injury, you will receive full Workers’ Compensation benefits for the new injury. As a result, you may need to see multiple providers while you are recovering from your injuries, but it will help avoid paying more out of pocket costs than necessary. If you become permanently disabled due to your combined injuries, there may be options for you to pursue Social Security disability benefits. An experienced Workers’ Compensation lawyer will ensure that you receive the benefits you deserve.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Represent Injured Workers Who Have Pre-Existing Conditions
If you have been injured at work and you have a pre-existing condition, it can make the claims process a bit more complicated. The Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton will review your case and provide the skilled legal counsel you deserve. We will help you secure the maximum benefits that you are entitled to receive. To schedule a free consultation, call us today at 844-556-4LAW (4529) or contact us online.