Many people have certain issues they deal with on a daily basis. From anxiety, to chronic pain, and beyond — it is not uncommon that you might deal with pre-existing conditions every day. But, what you might not know, is that those pre-existing conditions can make your workers comp claim a bit more difficult when it comes down to it. In fact, a lot of employees misunderstand their rights in this regard. However, there is always a chance you might find yourself in this predicament. So, it is best to understand your options and your position just in case.
Pre-existing Conditions and Workers Comp: What Qualifies and What Does Not?
One common misconception about workers comp cases is that you cannot seek coverage for pre-existing conditions. While in some cases that can be true, it does not apply to all claims. For instance, if you have a condition before becoming an employee, the company is not liable for covering any time-off or treatment. But, if the job requirements have provably worsened your pre-existing condition, then you will likely qualify for paid treatment.
For example, let’s say that you’re suffering from disc problems in your back— and have been for some time. As a result, you’ve slipped a disc. In that case, the company will not assist in treatment for that. But, now let’s say that you’re lifting a box at work or move something heavy around and you feel the slip disc worsen in severity. Now, because your injury has become worse while working — you have a case for workers comp.
Understand That These Claims are not Likely Successful
While you can receive workers comp for this type of case, it is not very likely. In fact, most cases of this type face denial because they’re just harder to prove. For the most part, employers will argue that your symptoms are a result of illness progression rather than work activity. The tough part is, your claim is just more difficult to prove than that of your typical claim. Sure, you have pre-existing conditions, but that does not mean that job demands have not progressed it.
It is important that you take from this that a claim can still be accepted.
While it is more difficult, there is still a chance if you can prove progression. I suggest seeing a doctor, have them do x-rays (or the appropriate testing according to injury), and request a written medical record before employment. If you do so, in the event of injury, you will have a means of comparison. You know your body, and you know when an ailment has gotten worse. Don’t be left to cover expenses in the event of work injury merely because you have pre-exisitng conditions. You are not on your own, just make sure you have taken the extra step. We wish you luck in pursuing your rightful claim.