When you suffer an injury on the job, you’re entitled to workers’ comp benefits to cover the cost of your medical treatment and to provide partial wage replacement. But can you get workers’ comp for a pre-existing condition?
Defining A Pre-Existing Condition
A pre-existing condition is an illness or disease that was contracted before you began working at your current position or place of employment. You would have had to have received treatment for this condition in the past or at the time of your workers’ comp claim. Back injuries are one of the most common pre-existing conditions contested by workers’ compensation insurance.
When Additional Surgery Is Needed Because Of Complications
An example of this would be if a truck driver was struck from above when an overhead box fell as he unloaded his truck. Let’s assume he had surgery in the past to repair two herniated discs, then after the workplace accident, he needed an additional surgery, which was further complicated by an infection. The employer might claim that the prior injury necessitated the surgery rather than the accident, and deny the claim for present and future medical treatment. This is where the help of a workers’ compensation attorney would be needed.
Benefits Of A Workers’ Compensation Attorney
Another way in which a workers’ compensation attorney may be able to help involves the medical bills you may have incurred as a result of the denied claim. You might be given the option of a one-time settlement, with the stipulation that part of that money be used to pay off those medical debts. The attorney might be able to work with the creditors where you pay them only a percentage, which would leave you with a larger settlement amount.
If you or a loved one have been involved in a work-related accident, contact Jacoby & Meyers at (888) 522-6291.