Pre-existing injuries can complicate the process of filing for workers' compensation claims and can significantly impact the outcome of such claims. Understanding the relationship between pre-existing injuries and workers' compensation is crucial for individuals navigating this complex system. In this article, we will explore the various ways pre-existing injuries can affect workers' compensation claims and provide valuable tips from Los Angeles workers comp lawyers for individuals who find themselves in this situation.
How Pre-Existing Injuries Impact Workers' Compensation Claims.
Proof of Causation.
One of the most significant challenges faced by individuals with pre-existing injuries is proving that the workplace incident directly caused or aggravated their injury. Insurance companies often argue that the current injury is a result of the pre-existing condition, thereby diminishing or denying the claim. Seeking expert medical opinions and providing detailed documentation can strengthen your case and establish a clear causal relationship between the workplace incident and your injury.
Reduced Compensation.
In cases where a pre-existing injury is involved, the compensation awarded may be reduced based on the extent to which the pre-existing condition contributed to the current injury. This can result in a significantly lower settlement than what the individual may deserve. Consulting with a skilled workers' compensation lawyer can help ensure that you receive fair compensation that considers both the new injury and any pre-existing conditions.
Claim Denial.
Insurance companies may use pre-existing injuries as grounds to deny a claim altogether, arguing that the injury was not work-related but a result of the existing condition. This can be a frustrating and disheartening experience for individuals seeking rightful compensation. By enlisting the expertise of a workers' compensation attorney, you can effectively challenge claim denials and work towards securing the benefits you are entitled to under the law.
Tips for Navigating Workers' Compensation Claims with Pre-Existing Injuries.
Consult with a Workers' Comp Lawyer in Los Angeles.
Given the complexities associated with pre-existing injuries and workers' compensation claims, it is highly recommended to seek legal representation from an experienced workers' comp lawyer in Los Angeles. A lawyer can help navigate the intricacies of the legal system, gather necessary evidence, and advocate for your rights throughout the claims process.
Disclose Your Pre-Existing Injury.
It is essential to disclose any pre-existing injuries or conditions to your employer and the insurance company when filing a workers' compensation claim. Failure to do so can jeopardize the credibility of your claim and may result in a denial of benefits.
Seek Medical Evaluation.
Obtain a thorough medical evaluation to determine the extent to which the workplace incident worsened or contributed to your pre-existing injury. A detailed medical report can provide crucial evidence to support your claim and establish a causal relationship between the work-related incident and your injury.
Maintain Detailed Documentation.
Keep detailed records of all medical treatment received, prescriptions, doctor's appointments, and any other relevant information pertaining to your injury and the workers' compensation claim. This documentation can serve as evidence to support your case.
Why You Need a Workers' Compensation Lawyer.
Navigating workers' compensation claims with pre-existing injuries can be a challenging and overwhelming process. Hiring a workers' compensation lawyer can significantly increase your chances of a successful claim outcome. An experienced attorney can provide valuable guidance, advocate for your rights, and help you secure the compensation you deserve.
Get the Help You Need.
As a premier workers comp lawyer in Los Angeles, the team at Mishra X Trial Lawyers has your back. We help clients get compensated for medical costs, disability, supplemental job displacement, and more. Let us leverage our case insight to aggressively fight employers. Learn more about our practice areas online, or contact us to let our team get started today.