Preexisting Conditions and Medical Care May Affect Your Workers’ Compensation Benefits
San Bernardino workers’ compensation attorneys help resolve medical treatment issues so you can recover
At Invictus Law, P.C., we help you understand your rights to workers’ compensation benefits through the California system and resolve any disputes, so you can get the compensation and medical care you need to recover. Our attorneys serve clients in San Bernardino, California and throughout the communities of Riverside and Orange counties, including Orange, Santa Ana and Irvine. We help you find the legal resolutions you need at affordable prices and provide you with the attention you deserve.
How can a preexisting condition affect my benefits?
Preexisting conditions are defined as injuries that are not work-related or illnesses that occurred outside of the work environment. If a workplace injury worsened a preexisting condition, your workers’ compensation benefit addresses only the part of the disability that is reasonably attributed to the injury. Employers are not responsible for your preexisting conditions, only for a workplace injury.
In cases of repeated exposures or stresses, known as cumulative injury, the process becomes complex, especially if you have changed employers. A skilled workers’ compensation attorney can advise you about your rights and give you an independent recommendation about how to proceed with your benefits claim.
An injury can significantly aggravate a preexisting condition. Your claims administrator should consider the following in his or her decision-making process:
- Did the injury or exposure cause a death that would not have occurred given the preexisting condition?
- Did the injury result in a loss of consciousness?
- Did the injury result in one or more days away from work, days of restricted work or days of a job transfer that would not have happened except for the event or exposure?
- Did the injury require medical treatment where none was required before or a change in medical treatment?
Sometimes the lines between a current incident and a preexisting condition are not clear. If this is the case for you, it’s best to get a medical evaluation and to seek legal advice.
What if a preexisting condition causes an injury?
Typically, these incidents are not eligible for workers’ compensation. For example, if an epileptic seizure causes a worker to fall and sustain a back injury, the claims administrator would not consider that eligible for workers’ compensation.
Learn how a preexisting condition could affect your workers’ compensation benefits
Invictus Law, P.C., with offices in Santa Ana and Ontario, helps California workers maximize compensation for their injuries. If you have a preexisting condition that has been made worse by a new workplace injury, call us anytime at (949) 287-5711 or contact us online to learn about your options. We offer a free initial consultation and flexible hours.