Injuries can keep anyone out of work and have a significant negative impact on one’s ability to earn an income and take care of the things in life that need to be taken care of. Given that reality, many who are injured in significant ways that impact their ability to work will file a claim for workers’ compensation. However, employees can be denied workers’ compensation for a variety of reasons, including having certain pre-existing medical conditions that are believed to be the true cause of their inability to work. Today, we will take a look at some of those pre-existing conditions and their potential impact on workers’ compensation claims.
Understanding Pre-Existing Conditions
Certain medical conditions may cause one to be denied for workers’ compensation. KFF.org explains that there is a wide array of different types of pre-existing conditions:
A pre-existing condition could be known to the person – for example, if she knows she is pregnant already. People might also apply for coverage when they unknowingly have an undiagnosed condition – for example, tumor cells might be growing within but won’t be diagnosed until months or years later.
This means that it is far from a guarantee that your workers’ compensation benefits will be covered if you have a condition that is deemed to be pre-existing.
Impact on Workers’ Compensation Claims
There may be a direct impact on your ability to receive workers’ compensation in the event that you have a pre-existing condition. Common examples of pre-existing conditions include:
- Asthma
- Diabetes
- Cancer
- Spinal injuries
The list goes on. The important thing to remember is that just because you have a specific medical condition does not mean that you will automatically be denied workers’ compensation benefits. These conditions can certainly cause issues or delay your ability to receive those benefits, but it is far from a guarantee that you will be automatically denied. You should still seek out the assistance of a professional attorney if you are going to attempt to file a workers’ compensation claim even if you are afraid you may have a pre-existing condition.
Proving Work Relatedness with a Pre-existing Condition
Medical documentation can help establish the fact that work-related activities caused your pre-existing condition to worsen. In fact, the only way to make a compelling case that your job caused your pre-existing condition to worsen is when you are able to show a documented trail of evidence proving that your health did worsen as a result of the things that you had to do at work.
Make sure you hold on to all of your medical documents so that you can provide them to your attorney if you are denied a workers’ compensation claim.
Strategies for Overcoming Obstacles
You may encounter obstacles on your journey to obtain the workers’ compensation funds that you deserve. If that is the case, then you need to know about which steps you can take next.
Obtain Legal Guidance
It is extremely challenging to navigate the workers’ compensation system on your own. There is also no reason to do so. You can turn this work over into the hands of seasoned professionals who have studied this system for years. Get an attorney who specializes in workers’ compensation claims to start working on your case for you.
Speak with Medical Specialists
Another type of professional to have on your team is a medical expert. They are the only ones who can accurately diagnose you and provide evidence about the medical experiences that you are going through. They can offer compelling medical documents in court, and they can potentially be the tipping point for helping you win your case.
Schedule a Free Consultation with Our Delaware Workers’ Compensation Attorneys
If you have filed for workers’ compensation before and been denied, we are standing by to help you out now. Reach out to Rhoades & Morrow and contact us for more information on getting set up with a free consultation with one of our attorneys today.
