Yes, if your work duties cause an aggravation of preexisting condition then you should be covered by workers’ compensation. However, this decision will depend upon your doctors saying that the work activities aggravated, accelerated, and/or made your preexisting condition worse. Work injuries involving preexisting conditions may be denied by the employer in an attempt to avoid paying benefits to the worker.
What If My Injury Doesn't Get Better?
However, the preexisting condition issue often comes down to if the aggravation is temporary or permanent. Frequently company doctors will say that the condition is temporary and that you returned to baseline (also known as your preexisting condition) after a work injury. Keep in mind that the opinions of the company doctors while important, are not conclusive and does not mean that you automatically lose your case.
My Workers Compensation Claim has been Denied – what should I do?
If you’re claim has been denied because of a preexisting injury, you will likely need an attorney. You have the right to have workers’ compensation pay for your lost wages if you can prove that your work has aggravated or accelerated a preexisting condition. Because advocating for yourself can be hard, our attorneys are here to help.
At Walker, Billingsley & Bair, we understand how frustrating it is when your employer denies your claim. We can help you get the benefits you deserve.
Our attorneys are passionate about workers in our state and are determined to work hard to get you your full benefit amount. To learn more, call us today at (641) 792-3595 or fill out our online contact form.