How Does a Pre-Existing Condition Affect Your Workers Compensation Claim?
January 14, 2019
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If you get hurt at work, you should be able to expect your medical care to be covered. And, if you miss time from work because of the accident, you should receive replacement wages. It’s only fair. If you were doing your job and got hurt as a result, you should be taken care of.

When it comes to worker’s compensation, most people’s claims are approved. If every workers’ comp case had to go to court, the courts would spend all their time hearing these cases. There is usually some legitimate basis for a claim to be denied. If insurance companies paid every claim, they’d go out of business!

If your worker’s comp claim is denied, you really should call a worker’s compensation lawyer in Washington, D.C. The insurance company will have lawyers working for them. You also should too. You definitely don’t want to go up against them alone.

Washington D.C. Worker’s Compensation Lawyers Handle Denials All the Time

If worker’s comp claims were always approved, we wouldn’t have worker’s compensation lawyers. Claims are denied for all sorts of reasons. Some of the most common reasons a claim may be denied are:

  • Nobody actually saw you get hurt – Your lawyer will have to prove that your injuries actually took place at work. If you work alone or on an odd shift, chances are nobody witnessed your accident. Your employer may claim that you got hurt somewhere else.
  • You didn’t report your injury right away – If you don’t report your injuries to Human Resources immediately, you’ll run into problems. You have to comply with your employer’s policy on workplace injuries and accidents.
  • Your incident report and medical reports don’t jive – If you claim certain injuries and your medical records don’t show your injuries, your claim will be denied.
  • You have pre-existing conditions – if the insurance company believes you had a pre-existing condition, they may deny your claim. They don’t want to provide medical coverage for something that was already wrong with you.
  • You have drugs or alcohol in your system at the time of the accident – Most employers make you take a drug screen (or do so at the hospital) in the event of a workplace accident. If you refuse to take the test, your claim will be denied.
  • You file your claim after you were fired or laid off – You have to actually be employed at the time of the accident. If you wait until you’re fired or laid off to file a claim, expect it to be denied.

If your claim is denied for any of these reasons, you can appeal your claim. Your Washington D.C. worker’s compensation attorney can handle this for you.


Can Your Workers Compensation Attorney in Washington D.C. Get Your Claim Approved?

If your claim is denied, your attorney will certainly try to get it approved. He will reach out to the insurance adjuster and your employer to appeal your claim. He will also try to negotiate a settlement of your claim if it makes sense.

For certain things, your attorney probably can’t get your claim approved. For example, if you were high on marijuana at the time of your injury, your attorney probably won’t be able to help you. However, if your claim was denied because of a pre-existing condition, he may be able to.

Just because you have a pre-existing condition doesn’t mean your injuries weren’t work-related. You may have a bad back and still get hurt at work.

Let’s say you have a prior history of herniated discs. You work in a warehouse where you lift boxes all day long. If you injure your back as a result of your work, your claim may still be covered. Just because you had a bad back doesn’t mean your injury didn’t get worse because of the work accident.

Call and Schedule Your Free Consultation with a Washington D.C. Worker’s Compensation Attorney Today

If your claim is denied because of a pre-existing condition, you need to call a Washington D.C. worker’s compensation attorney. You may have a hard time getting your claim approved. You want to have an experienced lawyer by your side throughout the process.

Attorneys have dealt with insurance companies for years – maybe decades. They know how they operate. Your attorney isn’t going to be intimidated by an insurance adjuster. He will also go to bat for you and try to get you the benefits you deserve.