Workers’ Compensation and Pre – Existing Conditions

Having a pre-existing illness can complicate your workers’ compensation claim. Any condition received prior to the injury you’ve suffered at work, or during the course of your employment, could have an impact on any potential receipt of workers’ comp benefits. If your pre-existing condition is medically related to your current workers’ compensation injury claim, the impact of any pre-existence could be even more severe. In other words, if you already suffered from right knee arthritis, and you then sustained a right knee injury at work, the task of obtaining your benefits could be arduous.

An injured worker should not permit a pre-existing condition to keep them from filing a New Jersey Workers’ Compensation claim. A person cannot control, and should not be penalized for, any non-work related, or pre-employment, injuries. We are hired by employers at face value, and are entitled to benefits if the position worsens or provokes a pre-existing injury – even if the work injury is unrelated to the direct cause of your condition. You have every right to file a claim to receive benefits, and also to attempt to recover financially for any medical bills or lost work pay.

Some of the complications of having a pre-existing injury during the filing of a workers’ comp claim include:

• your employer might attempt to draw a correlation between your on the job impairment, and your pre-existing condition
• the insurance company will also study your medical records and history, in hopes that they can deny your claim

Do your best to help your claim – and cover all your bases with confidence – by hiring an attorney. Experienced representation can help you by:

• ensuring that you are quite specific, and give only accurate information to your physician. Explain fully what your condition was like prior to your on the job injury, and how your health has been affected since
• helping you to be prepared when the insurance company representative contacts you for your recorded statement. It is crucial to avoid any statement that negatively impacts your case
• providing the New Jersey workers’ compensation experience and knowledge that you need in order to protect your rights

Top 3 Steps to Take When Hurt on the Job

Michael J. Dennin’s Workers’ Compensation Practice

We handle workers’ compensation claims for individuals in any type of job, from factory or industrial occupations to office or clerical positions. We take workers’ compensation cases involving all kinds of work-related injuries, such as broken bones, repetitive stress injuries, occupational diseases, traumatic brain injury, traumatic events such as slip and falls, lifting injuries, co-employee neglect, shoulder and knee ligament tears and operations, back and neck spinal injuries – both with and without the need for surgery, and work-related deaths.

Contact Attorney Michael J. Dennin

I offer a free initial consultation to every client. Call or text Mr. Dennin directly at 1 (856) 577-9138 for free legal advice..