How Does a Pre-Existing Condition Affect Your Worker’s Compensation Claim?

When you think of worker’s compensation injuries, you may think of situations such as slip-and-fall incidents, falling off a ladder or receiving a blow to the head. However, these types of injuries come in many forms, and one less common yet very real example is aggravating or exacerbating a pre-existing medical condition on the job. If you are currently experiencing this issue and you are not sure if you can make a claim, there are a few facts you may want to learn before you sign any forms.

Coverage May Still Be Possible 

You may believe that your pre-existing medical condition disqualifies you from any type of worker’s compensation. However, if the problem can be proven by a medical doctor, then you may still be able to make a claim. It is wise to act as soon as possible and get copies of your doctor’s findings so you can present them to your employer. You may want to ask your doctor to give you a detailed report that discusses the condition and how your job may have made it worse.

Previous Injuries Might Not Matter 

Some states operate on what is known as the eggshell plaintiff theory, where the insurance company or employer must view you as you were at the time of the accident instead of focusing on your health beforehand. This means they cannot view you as any more vulnerable to injury than employees that do not have pre-existing conditions that might include:

  • Asthma or other lung/breathing problems 
  • Congenital spine issues 
  • Muscular/cartilage damage 

Your attorney can give you further details on how the eggshell plaintiff theory might help your case and allow you to file a claim.

Give Your Lawyer Full Disclosure  

While a pre-existing injury might not disqualify you when it comes to filing a worker’s compensation claim, it can be important to fill your attorney in on all the details concerning your illness. Transparency not only reflects your intent to be honest about your case but could also allow your lawyer to act more efficiently in helping you win your case. The more he or she knows about your medical history, the better that information can be applied to the particulars of the claim.

Filing a worker’s compensation claim when you have a pre-existing medical condition can be daunting, especially when your employer and the insurance company do not want to cooperate with you, but working with a workers compensation lawyer may help you win your day in court. Contact a lawyer today or go online to schedule an initial consultation.

Close Menu
viagra minor