When they get hurt at work, many people ask this question. The answer isn’t always easy to figure out. It all depends on the circumstances. If the injury got caused at the workplace, the worker could file a claim, even if they had the damage before they started working. Some people don’t follow this rule. So, if you have questions about your case, it’s best to talk to an attorney. Read on to learn the details.
A pre-existing injury is one that happened before the accident in question. This injury might make winning a personal injury case difficult. If you sue for damages after an accident, a pre-existing injury may reduce your payout. Workers’ compensation doesn’t cover most injuries you had before you started working because they happened before.
Often, injuries that were there before don’t get diagnosed or treated. These kinds of injuries often happen on the job. The Department of Labor says that nearly 30% of all worker injuries and illnesses are related to the muscles and bones. These injuries are caused mainly by a single traumatic event or small stresses. A single or specific event did not cause most injuries there before. Instead, it results from many things that have happened over time.
What Happens To Your Workers’ Comp Claim If You Have A Pre-Existing Injury?
If you already had an injury before getting hurt at work, you need to know how that will affect your workers’ compensation claim. Most of the time, an injury you had before you got hurt at work won’t stop you from filing a workers’ compensation claim, but it may affect how many benefits you get.
Your damage from before is taken into account when the coverage employer looks at your claim. The insurance company can say that your injury is not from work because something else caused it. If the insurance company can prove this, your claim could get turned down.
Can you file a claim if your job makes your pre-existing injury worse?
This question can’t get answered with a simple yes or no. Every situation is different, and the outcome of a workers’ compensation claim will depend on the specific facts and circumstances. Generally, if your job worsens an injury you already have, you can file a workers’ compensation claim.
In general, you may be able to file a claim if something your employer did or didn’t do made your injury worse. It could mean that you have to work in unsafe conditions, that you don’t have the proper safety gear, or that you don’t get the time off you need to heal from an injury.
Talk to an experienced workers’ compensation lawyer at South Pacific Workers Comp if your job makes an injury you already had worse. They can tell you if you have a case or not and help you through the process.
How To File A Workers’ Comp Claim For A Pre-Existing Injury?
If you have a pre-existing condition and want to file a workers’ comp claim, you must take some steps.
Step 1: You should first talk to your boss about your condition and determine if they know about it. You should also find out if your employer has any rules about filing claims for workers’ compensation for situations already there.
Step 2: Get together your medical records and other paperwork about your illness or injury. When you file your claim, it will help your case a lot.
Step 3: Talk to someone who knows about the law. Workers’ comp varies by state. It’s vital to consult a Californian Workers’ Comp lawyer regarding local legislation. Unfortunately, many workers don’t know their rights, so they don’t file a claim, which can have bad results. If you have had an injury before, you need to talk to an attorney to determine if you are still eligible for benefits. You can visit our website at South Pacific Workers’ Comp Attorney or call us right now for a free consultation at (562) 373-6837.