As people age, particularly if they are in a job that has a high risk of injury, it is likely that they have been hurt in the past. These preexisting conditions create a problem for the employee should he or she attempts to claim a work-related injury and file for Workers’ Compensation benefits.
In Minneapolis, as in the rest of the country, a preexisting condition does make a claim more difficult for the employee to prove. It also provides the insurance company with an excuse to deny the claim and to avoid having to make a payment.
Working with a firm that specializes in providing experienced Workers’ Compensation lawyers to represent employees with preexisting conditions is the first place to start. These professionals work on behalf of the injured employee to prove the current injury is separate and apart from a preexisting injury.
Common Conditions
Some of the most common types of preexisting conditions in Workers’ Compensation benefits denials include previous back injuries, muscle or joint strains or sprains, as well as injuries from slip and fall accidents.
There are also pre-existing conditions that are not work-related that can trigger a denial including orthopedic conditions, arthritis or even asthma or COPD.
Making the Condition Worse
One of the most important factors that Workers’ Compensation lawyers need to prove is that the injury on the job contributed to making the preexisting condition more significant for the employee. This includes if the condition was treated and the employee completely recovered.
Top Workers’ Compensation lawyers work closely with doctors and the employee to demonstrate how the preexisting condition had no impact on the current claim. As this can be challenging, the Minneapolis lawyer’s experience in these types of cases is instrumental in winning the appeal.
