If you have a pre-existing condition and are worried it will get your worker’s comp claim denied, reach out to a St. Louis worker’s comp lawyer for assistance.
When you first learn about worker’s compensation laws, the matter may seem rather simple. When a worker gets injured on the job and needs medical treatment, and even time off to recover, they can receive reimbursement for these costs under workers comp laws.
However, in reality such cases are more complex situations. Case in point: pre-existing conditions. Should you tell your employer about them?
What Does the Law Say?
First of all, an employer cannot choose not to hire you solely based on a pre-existing condition. This is a clear case of discrimination, and the employer becomes liable. As long as medically speaking you are able to perform the tasks required on the job, your pre-existing condition should not affect your employment.
However, when it comes to worker’s comp, it gets rather difficult. Missouri laws make no mention of pre-existing conditions when it discusses eligibility for these benefits. However, a high number of cases where disputes arise because of this issue made the state add an addendum to the laws, in which it clearly states a worker with a pre-existing condition is eligible for compensation, though some criteria are mentioned as well.
Essentially, workers with pre-existing conditions can be eligible for compensation if they sustain an injury during an accident. In this sense, the statute mentions the word “accident”/referring to any unexpected event or unusual strain ” identifiable by time and place of occurrence and producing at the time objective symptoms of an injury caused by a specific event during a single work shift.”
The statute clearly mentions the injuries cannot be compensated if your work was only a triggering or precipitating factor. So, if you have a pre-existing condition, you can get compensation only for injuries with a direct cause.
Should You Inform Your Employer?
It’s a lot safer to do so. Employers should be aware of your pre-existing conditions, especially if they prevent you from performing certain tasks or indicate you need special consideration. As previously stated, your employer cannot fire you for a pre-existing condition as long as you are able to do your job.
If you get injured and file for workers comp, it’s a lot better to have your pre-existing condition out in the open. Hiding it can even be interpreted as fraud if the insurance company finds out – and in most cases, they will.
Protect Your Legal Right to Workers Comp Benefits
If you have a pre-existing condition and are worried it will get your worker’s comp claim denied, reach out to a St. Louis worker’s comp lawyer for assistance. You deserve to be compensated for injuries directly caused by your job.
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