Workers Compensation Lawyer Near Me in Ontario Explains the Effect of a Pre-Existing Condition on a Workers Compensation Claim
October 25, 2022 at 16:14
Ontario, California -
Napolin Accident Injury Lawyer, a personal injury law firm based in Ontario, CA, has recently released a blog post that answers the question on whether a pre-existing condition will hurt a workers compensation case. The good news is that, according to California law, pre-existing conditions can’t be used to diminish the benefits that an employee can claim. The bad news is that employers and their insurance adjusters will actually try to deny claims due to a pre-existing condition. That is why it is essential for people know their legal rights and that when in need of a workers compensation lawyer Ontario residents can depend on the firm.
A pre-existing condition is an illness or injury that an employee already had before they were injured at work. Examples include: arthritis; degenerative disc disease; carpal tunnel syndrome; tendonitis; previous back injuries; herniated discs; prior head trauma; prior broken bones; prior surgery areas; and more. And even if a pre-existing condition is aggravated while at work, the employee is still eligible for workers’ compensation benefits. The reason is that workers’ compensation was intended to cover all kinds of work-related injuries, including those that aggravate pre-existing conditions. This rule is applicable whether the pre-existing condition is minor or major.
Alexander D. Napolin from Napolin Accident Injury Lawyer says, “When the injured worker with a preexisting condition applies to the workers compensation carrier, the claim is often swiftly denied. This can happen when a preexisting condition to the same body part exists as the result of any type of prior accident. Maybe it was a prior work related injury, or possibly an injury from an earlier auto accident or slip and fall at the workers home. For the injured worker with a preexisting condition, it is absolutely vital to seek a fair medical evaluation so that a respected medical professional can determine the relative apportionment of the injuries. Even if the injury was 99% preexisting and 1% due to the present work related injury, the workers compensation insurance carrier is required to provide all medical treatment necessary to cure and relieve that condition, regardless of whether there was preexisting injury. “
Alexander D. Napolin, who also happens to be a car accident lawyer near me Ontario residents can depend on, wants to point out that the rule in California workers compensation law is medical treatment and care cannot be apportioned among injuries. Thus, any accident at work that makes a preexisting condition worse will still entitle the injured worker to full medical treatment for that condition regardless of the preexisting condition.
In the instance that the employer refuses to accept that the sustained injury is work-related because of the employee’s pre-existing condition. One example is when the worker has a degenerative disc and injures their back at work. The employer will claim the back injury is not work-related because the person already had a pre-existing degenerative disc problem. In this case, it is imperative to talk to a workers compensation lawyer who will help the client gather proof that the injury is work-related, regardless of the presence of a pre-existing condition.
Established in 2011 by Alexander D. Napolin, Napolin Accident Injury Lawyer has become a reputable law firm that is focused on personal injury cases. This is because the firm has succeeded in the many cases they have handled. These successes were due to Alexander D. Napolin’s unique approach that he uses for each case that they handle. After more than 10 years of providing legal assistance to accident victims, the firm has established a long track record of success for thousands of accident injury cases. All of these have contributed positively to Alexander D. Napolin’s reputation as a leading auto injury lawyer Ontario residents can go to.
Those who require a workers compensation lawyer can visit the Napolin Accident Injury Lawyer website or contact them on the phone or through email. They are open from 8:00 am to 5:00 pm, from Monday to Friday.
For more information about Napolin Accident Injury Lawyer, contact the company here:
Napolin Accident Injury Lawyer
Alexander D. Napolin
430 N. Vineyard Ave. Ste. 125
Ontario, CA 91764