How Pre-Existing Injuries Impact Your Worker’s Compensation Claim
In order to successfully pursue a workers’ compensation claim in Ohio, you and your Columbus worker injury attorney need to prove that you were injured or became ill while performing your job duties. In many cases, the connection between the injury or illness and your employment is obvious, for example, if you were injured by a forklift while working on the factory floor.
However, establishing this connection can be a challenge for people who suffer from pre-existing conditions. If you need to pursue a workers’ compensation claim and are worried about a pre-existing condition, a Columbus worker injury attorney at Malek & Malek Law Firm can work with you to build the strongest claim possible.
Understanding Pre-Existing Conditions
A pre-existing condition is any injury or illness that you suffered before you were injured or became ill as a result of performing your essential job duties. Some pre-existing conditions present no issue whatsoever. For example, if you fell at work and broke your leg, it’s unlikely that a prior shoulder injury would result in your claim being denied. On the other hand, there are some common pre-existing conditions that can be challenging when seeking workers’ compensation benefits:
- Back injuries and chronic back conditions such as degenerative discs
- Carpal tunnel syndrome
- Neck injuries
- Knee injuries
For example, if you have suffered prior back injuries and then injure your back at work after lifting a heavy box, you will need to demonstrate that your current back injury is work-related and not a result of your prior injury. This can become fairly complicated, so it’s important that your claim is very carefully documented. We recommend that you work with an experienced Columbus pre-existing injury attorney to ensure that your claim is successful.
Yes, You Can Still Pursue Workers Compensation in Ohio
A pre-existing condition or injury does not make you ineligible to pursue a workers’ compensation claim, but it can make it more difficult. It is critical that you proceed carefully in order to build the strongest claim possible. An experienced attorney can assist in filing your workers’ compensation claim to increase the likelihood of your claim being approved.
When you work with a Columbus worker injury attorney we take great care to:
- Be candid about your pre-existing condition. Any attempt to conceal your pre-existing condition can result in the denial of your claim.
- Provide details. The more detailed you are about your pre-existing condition the more likely your claim will be successful. Your medical records should clearly demonstrate how your work-related injury or illness is either unrelated to your pre-existing condition.
- Avoid inconsistencies. Inconsistencies are one of the most common reasons that claims get denied. Inconsistencies related to your pre-existing condition or your current injury will likely result in a denial of your claim.
For a pre-existing condition it is critical that your medical records not only demonstrate that your current injury or illness is work-related but that it was substantially aggravated by your work injury. A Columbus worker injury attorney can work with your medical providers, managed care organizations, and claim rep to rectify any potential issues with your records.
Contact a Columbus Pre-Existing Injury Attorney at Malek Law Firm
Your pre-existing condition doesn’t mean you are disqualified from receiving workers’ compensation benefits. An experienced Columbus worker injury attorney can help you successfully navigate the system. At Malek Law Firm, we’ve been helping sick and injured workers in Columbus and throughout Ohio get the benefits they need since 1972.