If you also suffer from a pre-existing condition, it’s important to start gathering evidence to support your claim as soon as you can.
Have you been injured at work filed a workers’ compensation claim? If you also suffer from a pre-existing condition, it’s important to start gathering evidence to support your claim as soon as you can.
Pre-existing conditions technically should not affect your claim. Missouri law clearly states that workers with pre-existing conditions can still get compensated, but the path may be more difficult.
What Does the Law Say?
When you have a pre-existing condition, there are two ways a work injury may affect you:
- Your condition may be aggravated by the injury
- Or your injury and pre-existing condition are two separate issues
In either case, the law states that workers with pre-existing conditions still have the right to compensation. For example, if you suffer from insomnia, and a workplace injury makes your condition worse, you may still get compensation for additional insomnia treatment. The logic is that if not for your work, and the injury you’ve sustained, your condition might not have gotten worse in the first place.
So, if the law is on your side, why do you need to gather evidence?
The Insurance Company Could Fight Back
Worker’s compensation works just like any insurance policy. When your employer begins the process, an adjuster will be assigned to your case and look into the events to determine if they should provide compensation or not.
That happens because only work-related injuries may be eligible for worker’s comp, and if there is any doubt that the injury is work-related, or if the injuries or illness has resulted from that injury, then the insurance company may have enough proof to deny the claim.
This is exactly what can happen when there is a pre-existing condition. Workers’ compensation does not have to cover treatment for injuries or illnesses the worker had before the injury, so the insurance adjuster may look for evidence to prove this and dismiss your claim.
What Can You Do?
It’s important to start building a compelling case that can support your case and dismiss any claims your insurance company may bring up. Some pieces of evidence can include:
- Your medical records
- Statement from your doctor who is treating you for your pre-existing condition
- Statements from your co-workers who’ve witnessed the accident, etc.
To ensure your claim gets approved, it’s advised to discuss your case with an experienced St. Louis worker’s compensation attorney, especially when there is a pre-existing condition involved. A lawyer will help you gather all the necessary evidence and protect your rights throughout the claims process.
Speak With an Attorney 24/7
If you suffer from a pre-existing condition and have sustained a work injury, please reach out to a St. Louis workers comp lawyer at the Law Office of James M. Hoffmann as soon as possible to discuss your case. With their help, you can gather enough evidence to show your pre-existing health should not affect your claim.
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