Day after day, another employee is unfairly denied workers’ compensation insurance due to a pre-existing condition. Any injury that occurs at work should legally be covered under workers’ compensation regardless of a pre-existing condition or not.
Unfortunately, insurance companies, employers and the physicians that the insurers use often try to deny workers’ compensation coverage by declaring you had a pre-existing health condition. Many employees don’t fight the uphill battle and surrender to whatever the employer has determined.
The most common pre-existing conditions are back injuries, torn ligaments, broken bones and herniated disks. However, occupational illnesses are also considered pre-existing. Regardless of whether or not you had a previous work-related injury, you are entitled to compensation for medical bills and a percentage of lost wages as long as you weren’t performing activities that were specifically restricted by your doctor when the injury occurred.
An insurance adjuster will always research your claim and try to find any way possible to avoid paying for your injury. It is imperative to tell the truth always. Failing to disclose a pre-existing condition can be grounds for denying your claim. If you are sent to multiple doctors, you must be consistent in your story. Place as much distance as you can between the new injury and your previous one.
Employers must accept employees as they are and not discriminate against a previous condition. Remember, adhere to doctors’ orders always. It is in your best interest to have as much documentation regarding your injury and a list of witnesses.
For more information regarding filing a workers’ compensation claim, browse our work injury legal guide.