Workplace injuries are an unfortunate reality for many employees across various industries. When these accidents occur, workers’ compensation is a crucial safety net that provides financial and medical support. However, the situation becomes more complex when pre-existing injuries are involved.
On this page, we’ll get into the intricacies of how pre-existing injuries can affect workers’ compensation claims, exploring the challenges individuals face and the legal considerations that come into play. For more information tailored to your specific situation, contact Laborde Earles now to speak with a Lafayette workers’ compensation lawyer.
What Are Pre-Existing Injuries?
Pre-existing injuries, in the context of workers’ compensation, refer to health conditions or injuries that an individual had before the occurrence of a workplace accident. These pre-existing conditions can range from chronic illnesses like arthritis to prior injuries that may have healed but left lasting effects.
When an employee with pre-existing injuries sustains new injuries at work, the interplay between these pre-existing conditions and the workplace accident becomes a crucial factor in determining eligibility for workers’ compensation benefits.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientThe Impact on Workers’ Compensation Claims
When a worker with pre-existing injuries sustains new injuries on the job, the situation becomes more complicated. The key challenge is distinguishing between the effects of the workplace accident and those of the existing condition. This differentiation is crucial in determining the extent of compensation a worker is entitled to.
Does Workers’ Compensation Cover Aggravated Pre-Existing Injuries?
As was mentioned before, a workplace accident may aggravate or exacerbate pre-existing injuries. For instance, a worker with a history of back pain might experience increased discomfort or a more severe injury due to a fall at work. In such scenarios, workers’ compensation typically covers the aggravation of pre-existing conditions, acknowledging the role the workplace incident played in worsening the existing health issue.
However, establishing the cause-and-effect relationship between the workplace accident and the aggravation of pre-existing conditions can be challenging. Medical documentation may be required to demonstrate that the new injuries significantly contributed to the worsening of the pre-existing condition.
Apportionment of Benefits
In cases where the pre-existing injury is not aggravated but still exists, the challenge lies in determining the portion of benefits attributable to the workplace accident. This process, known as apportionment, involves dividing the compensation between the new injuries and the pre-existing condition based on their respective contributions to the overall impairment.
Apportionment often requires a thorough medical examination and expert opinions to assess the extent of disability attributable to each factor. This assessment helps determine the fair distribution of workers’ compensation benefits, considering both the new injuries and the pre-existing conditions.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLegal Considerations
Navigating the complexities of workers’ compensation claims involving pre-existing injuries often requires legal prowess. Here are some legal considerations that come into play:
“Going and Coming” Rule
In some jurisdictions, the “going and coming” rule stipulates that injuries sustained during the commute to and from work are generally not eligible for workers’ compensation. However, exceptions may exist, especially if the employer provides transportation or if the worker is on a special mission for the employer. In cases involving pre-existing injuries, the application of this rule can further complicate the determination of compensable injuries.
Notice and Reporting Requirements
Timely reporting of workplace injuries is crucial in the workers’ compensation process. If a worker with pre-existing injuries fails to report a new workplace injury promptly, it may affect their ability to receive compensation. Adhering to notice and reporting requirements is essential to ensure a smooth and valid workers’ compensation claim.
Independent Medical Examinations (IME)
Insurance companies often request independent medical examinations (IME) to assess the extent and nature of injuries. In cases involving pre-existing conditions, an IME becomes particularly important to determine the impact of the workplace accident on the existing health issues. Workers should be prepared for these examinations and ensure that their medical history is accurately presented.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientShould I Get Legal Representation For My Workers’ Comp Claim?
Making the choice to hire a lawyer for a workers’ compensation claim is a significant decision that individuals often struggle with. However, there are several unmatched benefits when it comes to partnering with the attorneys at Laborde Earles for your claim:
- Navigating legal procedures: Workers’ compensation laws can be intricate and vary by jurisdiction. Our lawyers can help you navigate the legal procedures, ensuring all necessary paperwork is filed correctly and within designated timelines.
- Disputed claims or denials: If your claim is disputed or denied by the insurance company, legal representation from Laborde Earles becomes crucial. Our lawyers can advocate for your rights, presenting a strong case to appeal the decision.
- Understanding your rights: A workers’ comp lawyer can provide invaluable insights into your rights and entitlements. We can assess the potential value of your claim, including compensation for medical expenses, lost wages, and rehabilitation costs.
- Maximizing compensation: Our lawyers are skilled negotiators. Our knowledge can be instrumental in maximizing the compensation you receive, helping to ensure that you are adequately compensated for your injuries.
- Court representation: If your case proceeds to a hearing or trial, having legal representation is essential. Our lawyers can present your case persuasively, ensuring your interests are effectively represented before the workers’ compensation board.
- Peace of mind: Dealing with a workplace injury can be stressful. Hiring a workers’ comp lawyer allows you to focus on recovery while knowing that a legal professional is handling the complexities of your case.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientContact Laborde Earles Now to Learn More About Your Workers’ Compensation
Workers’ compensation claims involving pre-existing injuries are undoubtedly complex. Seeking the assistance of experienced legal professionals familiar with workers’ compensation laws is crucial in ensuring that individuals with pre-existing injuries receive fair and just compensation for workplace accidents.
As we strive for safer work environments, understanding and addressing the complexities of workers’ compensation claims is key to fostering a system that truly protects and supports all employees. If you have questions about your workers’ compensation claim, don’t wait to contact Laborde Earles now.
