How Will a Pre-Existing Condition Impact My Workers’ Comp Claim in Ohio?

While successfully filing for workers’ compensation benefits in Ohio can be challenging under any circumstances, it can be especially challenging for workers who have pre-existing conditions. Even though having a pre-existing condition does not bar you from filing a workers’ compensation claim, it can create additional challenges when it comes to seeking the benefits you deserve. Read on to learn more from an experienced Columbus workman’s comp lawyer at Malek & Malek Law Firm.

Filing for Workers’ Compensation When You Have a Pre-Existing Condition

As we said above, having a pre-existing condition does not bar you from filing a workers’ compensation claim. This is critical to keep in mind as you move forward. If you get injured on the job (and you qualify for workers’ compensation benefits), you can—and should—file a claim regardless of whether you have a pre-existing injury.

Broadly speaking, there are two main ways that a pre-existing condition can impact a workers’ compensation claim in Ohio:

• Your Pre-Existing Condition Played a Role in an Accident at Work – If you have a pre-existing condition and your condition played a role in the accident that led to your current injuries, you are still entitled to file for workers’ compensation benefits. Workers’ compensation is a “no-fault” system in Ohio, which means that employers and the Ohio Bureau of Workers’ Compensation (BWC) are obligated to pay benefits regardless of fault, with only very limited exceptions.
• An Accident at Work Exacerbated Your Pre–Existing Condition – If you were involved in an accident at work that exacerbated your pre-existing condition, you are generally entitled to benefits in this scenario as well. But, to collect workers’ compensation benefits, you will need to be able to show that the accident substantially aggravated your pre-existing injury.

With regard to accidents that exacerbate pre-existing conditions, the requirement for a pre-existing injury to be “substantially aggravated” comes from the Ohio Revised Code. Under Section 4123.54(G):

“If a condition that pre-existed an injury is substantially aggravated by the injury, and that substantial aggravation is documented by objective diagnostic findings, objective clinical findings, or objective test results, no compensation or benefits are payable because of the pre-existing condition once that condition has returned to a level that would have existed without the injury.”

This is a fairly roundabout way of saying that in order to receive workers’ compensation benefits for exacerbation of a pre-existing injury, you must be able to prove “substantial aggravation” using medical records that you obtain after your accident. If your medical records prove “substantial aggravation,” then you are entitled to receive workers’ compensation for your injury until it returns to its pre-accident level.

Making Sure You Have the Medical Records You Need to Successfully File for Workers’ Compensation

As this makes clear, ensuring that you have the medical records needed to prove your legal rights is extremely important. So, how can you make sure you have the medical records you need?

1. Seeing a Doctor of Your Choosing as Soon as Possible

Any time you get injured at work, it is important to see a doctor as soon as possible. Under Ohio law, you have the right to see a doctor of your own choosing, and it is strongly in your best interests to do so. Unfortunately, a doctor who is “recommended” or “approved” by your employer won’t necessarily have your best interests in mind.

When you see a doctor, be sure to mention that you have a pre-existing injury and that you have exacerbated your injury on the job. Both of these are very important. You do not want to ignore or attempt to hide your pre-existing condition, as this can compromise your doctor’s treatment recommendations and create problems for your workers’ compensation claim. Likewise, your healthcare provider will need to know that you plan on filing for workers’ compensation so that it can handle your situation accordingly.

Once you receive your doctor’s treatment recommendations, be sure to follow your doctor’s advice (or seek a second opinion if necessary). Ignoring your doctor’s advice when you have a workers’ compensation claim can lead to additional problems as well. If you don’t understand your doctor’s treatment recommendations, follow up for additional clarification or seek help as necessary.

2. Getting Help from an Experienced Columbus Workman’s Comp Lawyer

Due to the additional challenges that can arise when filing for workers’ compensation with a pre-existing condition, it is especially important to get help from an experienced Columbus workman’s comp lawyer in this scenario. When you hire an experienced lawyer to represent you, your lawyer will be able to:

• Help you find a doctor who can accurately diagnose the “substantial aggravation” caused by your on-the-job accident and provide the medical records needed to support your workers’ compensation claim;
• Deal with your employer or the Ohio BWC on your behalf with regard to your workers’ compensation claim, including dealing with any claims that your pre-existing condition makes you ineligible for benefits; and,
• Accurately calculate the workers’ compensation benefits you are entitled to receive, fight for the benefits you deserve if necessary, and help ensure that your employer or the Ohio BWC does not terminate your benefits prematurely.

Hiring a lawyer to help with your workers’ compensation claim costs nothing out-of-pocket, and it can be essential for collecting the benefits you deserve. Importantly, your lawyer can also help you determine if you have a claim outside of workers’ compensation—which may entitle you to additional financial compensation for your medical bills and lost earnings, as well as compensation for other financial and non-financial losses.

Get Help from an Experienced Columbus Workman’s Comp Lawyer at Malek & Malek Law Firm

Do you need to file a workers’ compensation claim after an accident at work involving a pre-existing injury? If so, we can help you protect your legal rights and seek the full benefits you deserve. To schedule a free consultation with an experienced Columbus workman’s comp lawyer at Malek & Malek Law Firm, give us a call at 888-444-7440 or tell us how we can help online today.