Workers’ Compensation And a Pre-Existing Condition

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Workers Compensation Attorney Arlington, VA

When your job causes your injury, many people have the assurance of workers’ compensation to help them with their medical bills and to give them some type of steady paycheck until they can return to work. However, things begin getting murky when you have a new workplace injury and if you have a pre-existing injury or illness. This can make your workers’ compensation claim significantly more complicated. In fact, if you have a pre-existing illness or injury, it can affect not just how long it takes for your claim to get processes, but also how much you receive in terms of benefits. This is especially true if your new injury is in the same area as your pre-existing condition. For example, there might be an impact on your benefits if you had arthritis in your left hand and you work at a computer company full time where you type all day and suddenly develop carpal tunnel in your left wrist.

What If Your Pre-Existing Condition Is Related to a Prior Workers’ Compensation Claim?

Another way things can become tricky is if you have already injured a certain body part in a previous work-related accident. When this happens, you will likely see a reduction in your benefits to account for your previous compensation claim. That said, your employer’s insurance company must still pay for your injury-related medical bills and treatment costs for your new on-the-job injury.

Additionally, this will also affect the permanent disability benefits you can receive for your work-related injury. Instead of getting a new lump sum for your impairment, the insurance company will likely only give you the difference of what your estimated total is. As an example, if the insurance company valued your previous work-related injury at $10,000, but your new work-related injury is valued at $15,000, they will not give you a permanent impairment award of the additional $15,000. Your new workers’ compensation claim will likely be the difference of $5,000.

What Should You Do If You Are In This Situation?

The best thing you can do is be candid with your doctor. It will not help to claim your previous work-related injury aggravation is an entirely new work-related injury. It is also imperative to provide your doctor with your previous medical records that show you first workers’ compensation claim. When filing for workers’ compensation, your doctor can be a huge asset in determining whether this is a new work-related injury or an aggravation of a previous one.

Pre-Existing Condition, Unrelated

If your pre-existing condition is unrelated to your new workplace injury, it likely will have little to no bearing on your new claim. If all goes smoothly with your claim, your employer will likely pay for the medical costs associated with your new injury and your regular health insurance will continue to pay for treating your previous injury.

How Can I Get Started?

Workers’ compensation claims can get tricky and confusing quickly. Especially if you have already suffered from a previous work-related injury, having a workers compensation attorney Arlington, VA offers at Cohen & Cohen, PC on your side can help you determine the best steps for making your claim.

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"I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side."
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Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.