Given the wide variety of industries and businesses in Van Nuys, there are many types of workplace accidents and injuries that can occur. While lost wages and medical expenses for a work-related injury are typically covered under an employer’s workers’ compensation insurance policy, many injured workers hesitate to initiate the claims process because they have pre-existing medical conditions and do not think they are eligible for benefits. An experienced workers’ comp attorney understands how pre-existing conditions for workers in Van Nuys can impact workers’ compensation cases.
Workers are entitled to workers’ compensation benefits if they have been injured in a workplace accident in Van Nuys, even if they have pre-existing medical conditions affecting the same part of the body. A pre-existing medical condition is defined as any injury or illness affecting a part of the body that precedes a workplace accident involving the same area. State law considers aggravation to a pre-existing injury as a new injury, as long as the injury did not occur when the worker was acting against their doctor’s orders.
While workers’ compensation benefits are available to employees who have suffered an aggravation to a pre-existing injury, actually securing those benefits can be challenging. Workers’ compensation policies are serviced by insurance companies who are in the business of selling policies, not settling claims. Insurance providers will typically look for reasons to deny or reduce claims. They may argue that the pain the injured worker experienced was a result of the pre-existing condition, not the work-related injury.
A hard-working workers’ compensation lawyer in Van Nuys may take on several roles during workers’ compensation cases involving pre-existing conditions for workers. For example, to show that the accident aggravated the injury, they may gather documentation about the existing injury as well as documentation proving that the injury worsened as a result of the workplace accident.
An attorney and their team typically gather this information to use in settlement negotiations with the insurance provider or when presenting the case in a dispute before the state’s workers’ compensation board. They could use their understanding of the law and legal requirements to effectively advocate on the employee’s behalf, fighting for their right to receive the benefits they are entitled to under state law.
Having a pre-existing condition does not prevent you from seeking workers’ compensation benefits. It does, however, make the case more challenging and increases the likelihood of insurers and employers attempting to deny or delay your claim. They may argue that your injury was caused by the pre-existing condition rather than the workplace accident. Legal representation could help you navigate these challenges and determine the most effective approach to secure benefits.
Let the expert legal team at Glauber Berenson Vego answer your questions about the potential impact of pre-existing conditions for workers in Van Nuys on workers’ compensation cases. We could help you prove that your workplace accident aggravated your pre-existing condition and fight for the benefits you deserve. Our attorneys combined have nearly 100 years of experience in assisting California workers. Call our office today and schedule your free case evaluation to discuss your case and potential legal options.
