Workers compensation cases can be complicated, especially when pre-existing injuries are involved. If you have been injured at work, and you had a pre-existing condition before the accident, you may wonder if it will affect your workers compensation case. This blog will help you understand how pre-existing injuries factor into a workers compensation case.
A pre-existing injury is an injury that existed before an accident or work-related injury. For instance, if you had a back injury before you started working and you sustain another back injury at work, you will be considered to have a pre-existing injury.
Yes, you can still receive compensation for a work-related injury even if you have a pre-existing injury. However, the compensation you receive may be reduced because of your pre-existing condition. In other words, the employer is only responsible for the portion of the injury caused by the accident, not the portion caused by your pre-existing injury.
When evaluating pre-existing injuries, the physician will look at your medical records, perform a physical examination, and conduct diagnostic tests to determine the extent of your injuries. The physician will then determine the parts of your injury that are new and the parts that are pre-existing. This is called apportionment.
A workers compensation lawyer can help you navigate your case and ensure you get the compensation you deserve. Your lawyer can help collect medical records, gather evidence, and represent you in court if necessary. An experienced lawyer will also know how to argue against an insurance company's efforts to reduce your compensation based on a pre-existing injury.
If you have a pre-existing injury and sustain a work-related injury, you should notify your employer as soon as possible. Seek medical attention and inform your healthcare provider about your pre-existing injury. Contact a workers compensation lawyer to help you file a claim and negotiate a settlement.
Pre-existing injuries should not deter you from seeking the compensation you deserve after a work-related injury. If you have a pre-existing injury and sustain a work-related injury, seek medical attention, notify your employer, and contact a workers compensation lawyer. An experienced lawyer can help you navigate the process and ensure you receive the full compensation you are entitled to. If you need assistance with workers compensation in Orlando, FL, contact ARL Attorney today to arrange a legal consultation.