You Are Entitled To Workers’ Comp No Matter Your Pre-Existing Conditions
If your job activities have made your preexisting condition worse, then you can file for Workers’ Compensation. However, actually obtaining this compensation can be challenging, and insurance companies may deny your valid claim. If you are unable to obtain your deserved compensation, our attorneys will fight for you.
Cohen, Snyder, Eisenberg & Katzenberg, P.A., has helped people with their workers’ compensation cases for over 40 years. Our attorneys will protect your rights and handle the challenges that arise in your case. You can talk to a skilled attorney by calling us at 443-529-0795 .
Filing A Workers’ Compensation Claim With A Preexisting Condition
Many insurance providers may argue that your preexisting condition was not worsened as the result of job-related activities. By shifting the blame, insurance companies can deny these valid compensation claims. If an insurance provider denied your rightful claim, our attorneys will step in to help your case.
A few examples of the many types of workplace aggravated preexisting conditions include:
- Lower back injuries that have worsened after lifting heavy objects in the workplace
- A history of arthritis in a knee followed by a fall injury to your knee at work that both worsens the arthritis-related symptoms and brings new symptoms
- Existing shoulder, knee or joint injuries that have worsened because of job-related repetitive stress
- Previous partial hearing loss made worse through work in a noisy work environment
- Worsened asthma or respiratory problems because of exposure to chemicals or dust
- Previously occasional migraine headaches that increase in frequency after a head injury on the job
No Discrimination Allowed For Preexisting Condition(s)
You cannot be denied your rightful workers’ compensation benefits because of a condition that you had when you started at your job. The Workers’ Compensation statute views a worker “as they are.” Therefore, if you have a preexisting lung condition that has worsened because of exposure to toxic chemicals in the workplace, the fact that you had that condition beforehand cannot be used to bar you from benefits. Even if your healthy coworkers are not affected but you are, this does not preclude you from receiving medical care and other workers’ compensation benefits when your lungs have become worse through the environmental hazards on the job.
Proving Worsened Preexisting Conditions Were Caused By Work Activities
Like other workplace injury claims, cases involving aggravated preexisting conditions often rely on the opinions of the treating physicians. A physician must indicate, with a reasonable degree of medical certainty, that the workplace exposure or accident aggravated the preexisting conditioning, at least in part, thereby necessitating the need for medical treatment. Our attorneys will gather the facts and documentation to prove that a workplace incident worsened your condition.
What To Do If Your Claim Is Denied
If you know or believe that you were injured on the job but your employer or its workers’ compensation insurer attempts to deny your claim, do not give up easily. You may still be entitled to coverage and compensation. To explore your options or prepare for a hearing, consult with an experienced workers’ compensation attorney.
Discuss Your Case In A Free Consultation
Our offices in Baltimore, Bel Air, Frederick, Essex, Glen Burnie and Towson help people throughout Maryland with their workplace injuries. You can call us at 443-529-0795 to schedule your free consultation. You can also send us an email with your case details. We are available 24/7 and will return your call as soon as possible.