If you’ve recently suffered an injury while at work, you may be facing a variety of emotions, including confusion and worry. When you have a pre-existing condition, these feelings can intensify as you try to navigate the process of filing a workers’ compensation claim in California. The reality is that workers’ compensation cases can be complicated, especially when you have a pre-existing condition that might affect your recovery. At this moment, it’s important to know that you are not alone. At The Myers Law Group, APC we understand the challenges you are facing, and we are here to help guide you through the process.
When dealing with a workers’ compensation claim, there are a number of factors that can influence your case. One of these factors is whether or not you have a pre-existing condition that may impact your injury or recovery. Many people in California have concerns about how their pre-existing conditions will affect their claim. It’s crucial to understand how workers’ compensation law works in California and how your condition may influence the outcome of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What Are Pre-Existing Conditions in Workers’ Compensation Cases
A pre-existing condition refers to a medical condition or injury that you had before your work-related accident or injury occurred. For example, if you already had a bad back or suffered from arthritis before injuring your back at work, your back condition may be considered pre-existing. Pre-existing conditions can range from chronic pain, old injuries, and conditions like diabetes, to mental health conditions. They can make a workplace injury more complicated when you file for workers’ compensation.
When you have a pre-existing condition, the challenge is proving how the work injury has either made the condition worse or caused a new injury that is separate from the pre-existing condition. This is where having the right legal assistance is key, as workers’ compensation claims can get complicated when pre-existing conditions are involved.
How Pre-Existing Conditions Impact Your Workers’ Compensation Claim
California’s workers’ compensation system is designed to provide benefits for people who suffer injuries or illnesses as a result of their work. However, when a pre-existing condition is involved, the situation can become more complex. Insurance companies and claims adjusters may try to argue that your injury was caused by your pre-existing condition and not by your work. This can make it more difficult to get the compensation you deserve.
In California, workers’ compensation benefits are meant to help you recover and cover medical expenses, lost wages, and other costs related to your injury. If you have a pre-existing condition, your employer’s insurance company will need to determine whether the work injury made the condition worse, or if it caused a new injury. Sometimes, they may agree that your work injury made your condition worse, but they may try to reduce the amount of compensation you receive by arguing that the pre-existing condition is the primary cause of your current symptoms.
For instance, if you hurt your shoulder at work but already had shoulder problems in the past, the insurance company may argue that your prior injury caused the pain, not your work injury. This could impact how much compensation you receive for medical expenses or lost wages.
However, California law does provide some protection for workers with pre-existing conditions. The law states that if your work injury aggravated or worsened your pre-existing condition, you may still be entitled to workers’ compensation benefits. The key is to prove that the work injury played a role in causing the harm or worsening the existing condition.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
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I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
The Importance of Documenting Your Condition
One of the most important things to remember when dealing with pre-existing conditions in a workers’ compensation claim is the need for thorough documentation. If you have a pre-existing condition and suffer a work-related injury, it is crucial to keep detailed records of your condition before and after the accident. This includes medical records, doctor’s notes, test results, and any treatments you’ve had for your pre-existing condition.
It is also essential to document how the work injury has affected your pre-existing condition. For example, if your back pain worsened after lifting something heavy at work, note this in your records. The more evidence you can provide, the better your chances of securing the compensation you deserve.
Your medical provider can also play an important role in documenting the connection between your pre-existing condition and the workplace injury. Be sure to inform your doctor about your prior injuries or conditions, as they will need to assess how the current injury might be related. Clear medical evidence will help establish whether the work injury aggravated or caused a new injury to your pre-existing condition.
How the Insurance Company Will Evaluate Your Claim
When you file a workers’ compensation claim with a pre-existing condition, the insurance company will conduct an investigation to evaluate your case. They will review medical records, past injuries, and the details of your current injury. The insurance company may hire medical professionals to assess your condition and determine whether the work injury played a role in worsening your pre-existing condition.
It’s important to understand that insurance companies are focused on minimizing the amount they pay out. They may try to argue that your pre-existing condition is the main cause of your symptoms to reduce your compensation. This is why it’s critical to have strong documentation and legal representation to fight for your rights.
Legal Help for Workers with Pre-Existing Conditions
If you have a pre-existing condition and have been injured at work, you need an experienced attorney to help navigate the complexities of your claim. Workers’ compensation laws can be difficult to understand, especially when pre-existing conditions are involved. An attorney can help you gather the necessary medical evidence, negotiate with insurance companies, and ensure that your claim is handled fairly.
With the right legal guidance, you can increase your chances of receiving fair compensation for your injuries, even if you have a pre-existing condition. A skilled attorney will help you prove that your work injury aggravated your pre-existing condition and fight for the benefits you deserve.
How We Can Help You with Your Workers’ Compensation Claim
At The Myers Law Group, APC, we understand the emotional and financial strain that a work-related injury can have, especially if you have a pre-existing condition. You may feel overwhelmed by the complexity of the claims process, and we want to assure you that you don’t have to face it alone.
Our team is dedicated to helping workers like you who are struggling with workers’ compensation claims, including those with pre-existing conditions. We have experience navigating these types of cases and know how to build strong cases that maximize the compensation you are entitled to.
If you are worried about how your pre-existing condition may affect your workers’ compensation claim, reach out to us for a consultation. We will review your case, explain your options, and fight for your rights. At The Myers Law Group, APC, we are here to help you get the successful case result you deserve.