Does a Pre-Existing Condition Impact Workers’ Compensation Benefits?February 20, 2019
If you are injured on the job, you are entitled to Workers’ Compensation benefits. However, if you have a pre-existing condition that was aggravated by your job activities, you may have questions about whether you are still eligible to collect benefits.
While Workers’ Compensation benefits are generally for injuries and illnesses that are directly related to your job, in the state of Maryland you may be able to collect benefits if you have a pre-existing condition that was worsened by your job responsibilities.
A skilled Baltimore Workers’ Compensation lawyer can thoroughly explain the benefits you are entitled to, as well as guide you through every step of the claims process.
It should come as no surprise that insurance companies generally try to deny any Workers’ Compensation claim that involves a pre-existing condition. They may claim that your pre-existing condition was not aggravated by your job responsibilities, and that you are claiming that the injury is work-related in order to collect undue benefits.
The fact is, many workers have pre-existing conditions, including heart conditions, asthma, herniated disks, and more. However, these conditions do not prevent them from working, and employers must accept their employees regardless of a pre-existing condition. As a result, a work-related activity that aggravates a pre-existing condition entitles injured employees to Workers’ Compensation benefits.
Common Pre-Existing Conditions
The following are examples of pre-existing conditions that can be aggravated by certain work responsibilities:
- Lower back injuries: These are common injuries that can be aggravated by lifting heavy objects or repeated bending and lifting.
- Shoulder injuries: This is another common injury that can be worsened by repeated physical tasks at work.
- Knee or joint injuries: Repeated heavy lifting and bending can cause these injuries to worsen.
- Asthma: Workers who have asthma can suffer asthma attacks caused by work stress or exposure to dusts or other harmful chemicals.
- Other respiratory illnesses: Allergies, chronic obstructive pulmonary disease (COPD), and emphysema are other examples of respiratory conditions that can be aggravated by work activities and workplace conditions.
Worsened by Work
The key to securing Workers’ Compensation benefits when there is a pre-existing condition is proving that the condition was worsened by the work activity. A skilled Baltimore Workers’ Compensation lawyer will collect all the facts and documentation related to your case. If necessary, the legal team will consult with medical experts to determine the cause of the injury, and how the incident aggravated the pre-existing condition.
A successful claim often depends on medical records and the testimony of a medical expert, so it is extremely important to seek prompt medical care and continue all recommended treatments that the healthcare provider recommends.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Protect the Rights of Injured Workers with Pre-Existing Conditions
If you have a pre-existing condition that was worsened as a result of your job responsibilities, you are urged to contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton at your earliest convenience. We will thoroughly examine the details of your case, review your medical records, and consult with your healthcare provider so that we can secure the maximum financial benefits you deserve for your injury. We will not stop fighting for you until we have your complete satisfaction. To schedule a free, confidential consultation, call us today at 844-556-4LAW (4529) or contact us online. We work with clients in Baltimore and across Maryland.