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Will My Pre-Existing Condition Disqualify Me from Collecting Workers’ Compensation?

Posted by Liz Delsa | Jan 12, 2023 | 0 Comments

Very few of us are perfect physical specimens. Maybe you have a bad back from your high school football days, or a creaky elbow from your years of playing tennis. Whatever your limitations, they usually become part of your daily routine, and you learn to live with the inconvenience. And, of course, you bring those pre-existing physical conditions with you every day when you go to work.

So, what happens if you are injured in a workplace accident, and it turns out that the injury aggravates your back or elbow or some other pre-existing condition? Can you still collect workers' compensation?

Proof Needed Where There is a Pre-Existing Condition

Generally speaking, the answer is yes, provided you can prove certain things. First, you have to show that the accident was work-related, that it was the accident that caused your injury, and that the injury is the cause of the disability that you're seeking coverage for. These are the usual things anybody filing a workers' compensation claim must prove.

Where you had a pre-existing condition that relates to the claim you are making for workers' compensation coverage, you are still entitled to coverage if you can prove that the workplace accident aggravated the pre-existing condition, advanced the pre-existing condition, or combined with the pre-existing condition to create the kind of disability that the workers' compensation program covers. If there is a dispute about coverage, all of this needs to be proven by a preponderance of the evidence; in other words, you need to show that it is more likely than not that the workplace accident aggravated, advanced, or combined with the pre-existing condition to cause your injury.

How the Delsa Law Firm, LLC, Can Help You

As you might guess, a dispute about workers' compensation coverage when there is a question about whether a workplace accident has aggravated a pre-existing condition can get very complicated. If the matter goes to trial before the Louisiana Office of Workers' Compensation, medical testimony will likely be needed to prove your claim and to counter medical and other evidence introduced by your employer. Attorney Delsa has been helping clients with workers' compensation claims all over Louisiana for years. Attorney Delsa's experience and knowledge in these cases can help you make and prove your claim and get the workers' compensation benefits you deserve.

If you have questions about how your pre-existing condition can impact your entitlement to benefits or if your employer has already denied paying you benefits due to a pre-existing condition, contact the Delsa Law Firm, LLC, today at (985) 882-1222 or through our online contact form to schedule a free, no obligation consultation today.

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