Can Workers Compensation Lawyers Help Injured Workers Who Have Pre-Existing Conditions?
If you have been injured in a work related accident or become ill because of work, even if you have a pre-existing condition, Maryland workers compensation lawyers may be able to help.
Pre-Existing Conditions and Workers Compensation Benefits
An injured worker may hesitate to file for workers compensation benefits if they re-injure an old injury while on the job. After all, what if their employer thinks they’re faking an injury just to get benefits? This is a scenario very familiar to our workers compensation lawyers at Cohen & Cohen, P.C.. There may be additional concerns or complications as well, but the rights of an employee who is hurt while working should be protected. A serious injury, even a pre-existing one that was recently aggravated, may require expensive medical treatment and a long recovery time. Though the worker could take personal days off for all or a portion of that recovery period, should they have to?
If you are concerned about filing a claim for an aggravated, pre-existing condition, contact us at Cohen & Cohen, P.C.. Our Maryland workers compensation lawyers can consider the details of your case and may be able to provide you with guidance and possible solutions. This initial consultation will be free and you will be under no obligation as a result.
What qualifies as a pre-existing condition?
A pre-existing condition is a medical ailment that at one time was diagnosed as such by a medical professional. As a result, medical documentation exists that includes this diagnosis and any treatment or medications that were recommended by the medical professional.
What are common examples of a pre-existing condition?
The list is extensive, but in the context of a work-related injury, some of the most common pre-existing conditions include these:
- Back injury: misaligned discs or vertebrae, bruised back muscles
- Neck injury: torn or sore muscles, ligaments, tendons, and/or fascia
- Plantar fasciitis
- Carpal tunnel syndrome
- Eye strain: can lead to severe headaches, including migraines
- Post-traumatic stress syndrome: triggers could emerge in one’s current work environment
If you have had any of the above or work related problems not mentioned here, it may be in your best interest to discuss your rights with Maryland workers compensation lawyers.
When a Workers Compensation Claim was Denied Because of a Pre-Existing Condition
If your claim was denied with the reason that your injury is a pre-existing condition and therefore does not qualify for benefits, contact our workers compensation lawyers at Cohen & Cohen, P.C. immediately. After a review of your case, our lawyers may determine that your claim should not have been denied. If this is the case, you may have several options yet available to you:
- Our workers compensation lawyers can review your original Maryland claim and resubmit it with additional medical documentation and other proof of your eligibility to receive benefits. For example, your lawyer may recommend a third-party physician who can examine you and may conclude that your new injury is related to but separate from your pre-existing injury.
- Our Maryland workers compensation lawyers can file a personal injury claim on your behalf to your employer if their insurer refuses to honor your workers compensation claim. In this way you might qualify for compensation of additional damages such as pain and suffering which are not included in workers compensation benefits.
- Our workers compensation lawyer can file a civil lawsuit against the party responsible for injuring you. This is an option to be avoided if possible, but can be pursued if necessary.
If you reinjured a pre-existing injury while on the job, call Cohen & Cohen, P.C. without delay to speak to our workers compensation lawyer about your options for receiving fair compensation.
For highly rated Maryland workers compensation lawyers, contact Cohen & Cohen, P.C. as soon as possible for a free case consultation with no obligations.